Frequently Asked Foster Care Education Stability Questions and Answers

This page contains responses to common questions about the educational stability provisions for students in foster care under Title I, Part A of the Elementary and Secondary Education Act of 1965 (ESEA). The date in parenthesis after each question indicates the date the question and corresponding response were added to this webpage. If you have a question about students in foster care, please contact the Department’s program team at fostercare@ed.gov.

Applicability of Educational Stability Provisions for Students in Foster Care

Which students are eligible for services under the Title I, Part A educational stability provisions for students in foster care? (Date published: November 2023)

As reflected in question 1 of Non-Regulatory Guidance: Ensuring Educational Stability for Children in Foster Care (Title I Foster Care Guidance) published jointly by the U.S. Departments of Education and Health and Human Services, the requirements for ensuring educational stability for children in foster care under section 1111(g)(1)(E) of the ESEA apply to all children in foster care enrolled in schools of the State educational agency (SEA). Consistent with the definition of “foster care” under the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Fostering Connections Act), “foster care” means:

24-hour substitute care for children placed away from their parents or guardians and for whom the [child welfare] agency has placement and care responsibility… A child is in foster care in accordance with this definition regardless of whether the foster care facility is licensed and payments are made by the State, Tribal, or local agency for the care of the child, whether adoption subsidy payments are being made prior to finalization of an adoption or whether there is Federal matching of any payments thar are made (45 C.F.R. § 1355.20(a)).

Do the Title I, Part A educational stability provisions for students in foster care apply to students who are in Tribal foster care? (Date published: November 2023)

Yes. The Title I, Part A educational stability provisions apply to students who are in Tribal foster care on the same basis as described in question 1 above. Accordingly, if a State, Tribal, and/or local child welfare agency is responsible for children in Tribal foster care, an SEA and its LEAs are responsible for implementing the Title I, Part A educational stability provisions for these children, including requirements related to school of origin, best interest determinations, immediate enrollment, and, as applicable, transportation. SEAs and LEAs must collaborate with Tribal child welfare agencies to meet the educational stability requirements for students in Tribal foster care.

When do the Title I, Part A educational stability provisions for students in foster care apply? (Date published: November 2023)

The Title I, Part A educational stability provisions for students in foster care apply when a student (i) enters foster care or (ii) experiences a change in foster care placement. These requirements emphasize the importance of limiting educational disruption by keeping children who move when entering foster care or changing foster care placement in their school of origin, unless it is determined to be in their best interest to change schools.

Do the Title I, Part A educational stability provisions only apply to students enrolled in local educational agencies (LEAs) that receive Title I, Part A subgrants? (Date published: November 2023)

No. The requirements for ensuring educational stability for children in foster care under ESEA section 1111(g)(1)(E) apply to all children in foster care enrolled in schools in the SEA—including LEAs that do not receive Title I, Part A subgrants. More specifically, ESEA section 1111(g)(1)(E) requires the SEA, in coordination with State and tribal welfare agencies, to ensure that its LEAs implement the Title I, Part A educational stability requirements for children in foster care. This includes ensuring that a student in foster care is immediately enrolled or remains in their school of origin, unless it is determined that it is not in their best interest to do so. (See questions 1 and 3 in the Title I Foster Care Guidance for more information.) Under ESEA section 1112(c)(5), additional requirements apply only to LEAs receiving Title I, Part A funds.

Are students in foster care categorically eligible for Title I, Part A services? (Date published: November 2023)

No. Students in foster care are eligible to receive Title I, Part A services on the same basis as any other student. The Title I, Part A services available for students, including students in foster care, depend upon the type of Title I, Part A program operated at their school.

School of Origin Transportation

If an LEA receiving Title I, Part A funds does not otherwise provide student transportation, is it required to transport children in foster care to their schools of origin? (Date published: November 2023)

Yes. An LEA receiving Title I, Part A funds must ensure that transportation is provided for children in foster care needing transportation to the school of origin consistent with the procedures developed by the LEA in collaboration with the State or local child welfare agency under section 1112(c)(5)(B) of the ESEA. These requirements apply even if the LEA does not provide transportation for children who are not in foster care. (See questions 21-32 in the Title I Foster Care Guidance for more information on school of origin transportation.)

Data & Reporting

What information must State and local report cards include for students in foster care? (Date published: November 2023)

State and local report cards required under ESEA section 1111(h) must include the following information disaggregated for students in foster care:

Student achievement based on the statewide reading/language arts, mathematics, and science assessments administered to meet the requirements in ESEA section 1111(b)(2).
High school graduation rates, including the four-year adjusted cohort graduation rate. If the State elects to calculate and report extended-year adjusted cohort graduation rates (e.g., a five-year or six-year adjusted cohort graduation rate), the State must also provide disaggregated data for various subgroups, including students in foster care.

For more information, please refer to Opportunities and Responsibilities for State and Local Report Cards Under the Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act.