October 26, 2020

Foster Care Policy and Procedure Guidelines                               

For children in out-of-home care, child welfare agencies must include “a plan for ensuring the educational stability of the child while in foster care” as part of every child’s case plan. As part of this plan, the agency must include assurances that:

•Each placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; and
•The state child welfare agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement.

Additionally, the law requires that if remaining in such school is not in the best interest of the child, the case plan must include assurances by the child welfare agency and the local educational agencies that:

•Provide immediate and appropriate enrollment in a new school; and
•Provide all of the educational records of the child to the school.

Among other provisions, the educational stability includes assurances that (1) a child in foster care will remain in the child’s school of origin, unless a determination is made that it is not in the child’s best interest to remain in that school and (2) if a determination is made that it is not in the child’s best interest to remain in the school of origin, the child will be immediately enrolled in the school of residence, even if the child is unable to produce records normally required for enrollment. These will help ensure that children in foster care experience minimal disruption to their education during moves and placement changes.

CWA notifies Crooked Oak Public Schools regarding which students are in foster care;

CWA informs the Crooked Oak Public Schools about a child placement away from parents or guardians and for whom the child welfare agency has placement and care responsibility. The CWA must start collaboration and consultation with the LEA within 72 hours;

Such child enrolls or remains in the school of origin, unless a determination is made that it is not in the child’s best interest to attend the school of origin. The Foster Care liaison and CWA should consult and make a joint determination in regard to the best interest of the child. In the event of emergency circumstances, the CWA has the authority to make an immediate decision regarding the school placement, and then consult with the LEA and revisit the best interest determination of the child. Transportation costs will not be considered when determining a child’s best interest, which is consistent with the program instruction released by the U.S. Department of Health and Human Services(HHS)8;

If there is disagreement regarding school placement for a child in foster care, the child welfare agency should be considered the final decision maker in making the best interest determination (unless State law or policy dictates otherwise). The child welfare agency is uniquely positioned to assess vital non-educational factors such as safety, sibling placements, the child’s permanency goal and other components of the case plan. The child welfare agency also has the authority, capacity and responsibility to collaborate with and gain information from multiple parties, including parents, children, schools and the court in making these decisions9;

Crooked Oak Public Schools will collaborate with the CWA to develop and implement clear written procedures governing how transportation is provided to maintain children in foster care in their schools of origin, when in their best interest;
Foster care parents may agree to provide and pay for the transportation to the school of origin, but if this is not an option, the LEA shall ensure transportation for the foster care children is provided, and reach an agreement with CWA in regards to covering the transportation costs as outlined by ESSA. LEA and CWA should aim to reach an agreement in regard to how the transportation will be provided, arranged and funded for the duration of the child’s time in foster care.

ESSA, Section 1112(5)(B) stipulates:
“If there are additional costs incurred in providing transportation to maintain children in foster care in their school of origin, the local educational agency will provide transportation to the school of origin if—

1. the local child welfare agency agrees to reimburse the local educational agency for the cost of such transportation;

   • the local educational agency agrees to pay for the cost of such transportation; or

   • the local educational agency and the local child welfare agency agree to share the cost of such transportation”;

When a determination is made that it is not in such child’s best interest to remain in the school of origin, the child is immediately enrolled in the school of residence by the child’s foster parent or caseworker. To prevent educational discontinuity, ESSA, Section 1111(g)(1)(E) stipulates that enrollment must not be denied or delayed for children in foster care because documents normally required for enrollment have not been provided;

During the enrollment process, the following shall occur:

1. The caseworker notifies both schools within one (1) business day of making the decision and sends the required documents to both schools within two (2) business days of making the decision.

2. The receiving school shall immediately contact the school last attended by any such child to obtain relevant academic and other records.

3. The school of origin is required to transfer non-essential records to the receiving school within three (3) business days of receiving notice from the child welfare agency that the child will be changing schools.10

Foster care children may be brought to school for enrollment by their foster care parents, social workers or other legal guardians. The LEA has the obligation to immediately enroll these children in school. After immediate enrollment, the following guardianship or legal custody documents shall be provided for verification:

1. Power of Attorney

   • Affidavit

   • Court Order

If you have any questions or concerns, pleases feel free to contact Stefanie Stroud, Crooked Oak's Foster Care Liason, at sstroud@crookedoak.org or (405) 677-0911.