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Local education agencies (LEAs), particularly the designated LEA Foster Care Point of Contact (POC), must be prepared to handle disputes related to school placement best interest determinations (BIDs) for foster care students. Disputes may arise between LEAs and county children and youth agencies (CCYAs).
Local education agencies (LEAs), particularly the designated LEA Foster Care Point of Contact (POC), must be prepared to handle disputes related to school placement best interest determinations (BIDs) for foster care students. Disputes may arise between LEAs and county children and youth agencies (CCYAs).
The Every Student Succeeds Act (ESSA) requires collaboration between LEAs and CCYAs, including implementing a formal, written BID process and dual participation in BID meetings. Both school and CCYA staff bring valuable perspectives to BID meetings given their knowledge and important role in a student’s education/life. However, disagreements over school placement for foster care students can occur. Schools and CCYAs should include a written dispute process within the formal BID process and make all efforts necessary to reach an agreement. This includes consulting with the Region 2 Office for feedback, to sit in on BID meetings, and for any other assistance.
According to joint guidance (PDF) from the U.S. Department of Education and the Department of Health and Human Services (2024), if LEAs and CCYAs cannot agree on school placement decisions, the CCYA will ultimately serve as the final decision-maker. Additionally, foster care students must be able to remain in the school of origin (SOO) to the extent feasible and appropriate during any active disputes over school placement.
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