Foster Care and Act 1

Children in foster care are more likely to experience school changes, with a third of older foster youth changing schools five or more times throughout their time in care (Education Law Center, 2023). Act 1 offers additional educational support to eligible foster care students in Pennsylvania public schools, and must be implemented simultaneously with the federal Every Student Succeeds Act (ESSA). Under ESSA, foster care students have the right to attend either their school of origin (SOO) or their school of foster residence, with all school placement decisions finalized through a formal best interest determination (BID) process. Foster care students are eligible for Act 1 services if they have changed schools at least once in a single school year.

 Act 1 contains specific requirements that all statewide local education agencies (LEAs) must follow, including school districts, charter schools, cyber charter schools, and intermediate units. LEA requirements under Act 1 and how they pertain to foster care students are described in the following sections.

LEAs must identify Act 1 eligible students based on minimal documentation, and a student’s Act 1 eligibility must be kept confidential. Students are eligible for Act 1 regardless of whether they returned to a former school, started a new school, or returned to school after an extended period. Once a student is identified under Act 1, they retain that status until graduation. If a foster care student changes schools one or more times in a school year, they qualify under Act 1 immediately. 

LEAs must assign a single point of contact (POC) for all Act 1 eligible students. This could be another job responsibility of the homeless liaison, foster care POC, or another staff member. The table below lists Act 1 POC responsibilities from the Pennsylvania Department of Education (n.d.).

Act 1 Point of Contact Requirements

1. Facilitate meetings between students, school psychologists, and other mental health professionals when necessary.

2. Ensure prompt placement of students in appropriate courses.

3. Connect students with educational resources.

4. Request that the prior school, county agency, and the student’s educational decision-maker provide the student’s education record, including any individualized education plans (IEPs). 

Under Act 1, if the previous school is in Pennsylvania, it must promptly provide all student records. When a foster care student is eligible under Act 1, the last school must provide student records promptly regardless of location, since ESSA’s immediate enrollment provision also applies.

5. Develop a graduation plan for students in grades 9-12 that supports timely graduation. The plan must be a part of the student’s educational record and specify all courses needed to graduate.

Act 1 mandates that LEAs in Pennsylvania create policies that eliminate barriers and guarantee equal access to education for all Act 1 students. LEAs must ensure access to school-sponsored extracurricular activities (including but not limited to: clubs, athletic teams, theater/drama, class trips, social events, career and technical education, internships, and specialized classes). Students must be able to participate in school-sponsored events even if they have missed registration deadlines.

Similarly, ESSA’s foster care provisions ensure educational stability and success by removing barriers for foster care students. LEAs are encouraged to empower foster care students to participate in extracurricular activities after the passage of ESSA. However, Act 1 makes this a requirement for eligible students in Pennsylvania. LEAs must ensure that foster care students who are Act 1 eligible can participate in extracurriculars and school-sponsored activities while eliminating barriers to participation.

LEAs must waive school fees and fines that would otherwise be assessed against Act 1 students (including eligible students in foster care). Some examples include: 

• School ID fees

• Uniform fees

• Participation fees for athletic teams, extracurricular activities, school-sponsored trips, or clubs

• Course fees

• Fees for lost or damaged items

• Physical exam fees

• School lunch fees

• Library fees

• Summer school and credit recovery fees

• Technology fees

• Graduation fees

All graduation provisions under Act 1 apply to all eligible foster care students and further strengthen their educational stability and ability to graduate on time. Under Act 1, LEAs must ensure timely graduation by:

• Guaranteeing that students receive full or partial credit for work completed at their prior schools, including schools affiliated with residential placements.

• Outlining how full and partial credit will be determined to remove barriers to graduation.

• Waiving courses required for graduation if a student has completed the work at another school or is competent in the course content. Students can show competence through an essay, presentation, project, experiential learning, or internship. If a course cannot be waived, LEAs must offer an alternative or modified course to assist the student in graduating on time.

Furthermore, LEAs must explore alternative pathways to graduation for all Act 1 students. When a student cannot graduate after all credits are verified, required courses are waived, and alternative courses have been provided, an LEA can obtain a diploma from the prior school if the student meets the graduation requirements. When a student cannot graduate from the current or previous school, LEAs must work with Pennsylvania's Department of Education to assess if the student can receive a Keystone Diploma. Keystone Diplomas may be granted when students meet certain statewide graduation requirements and are considered valid diplomas.

• Act 1 of 2022, PDE, (webpage)

• Act 1: New Tools to Support Students Experiencing Educational Instability, Education Law Center, (PDF)

• Fact Sheet: Rights of Students in Foster Care, Education Law Center, (PDF)