HR 5868 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 5868CommentsClose CommentsPermalink

To provide children in foster care with school stability and equal access to educational opportunities.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

May 30, 2012CommentsClose CommentsPermalink

Mr. LEWIS of Georgia introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide children in foster care with school stability and equal access to educational opportunities.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Fostering Success in Education Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is the following:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings; sense of Congress.CommentsClose CommentsPermalink





Sec. 3. Purpose.CommentsClose CommentsPermalink





Sec. 4. Definitions.CommentsClose CommentsPermalink





Sec. 5. Regulations.CommentsClose CommentsPermalink





Sec. 6. Effective date.CommentsClose CommentsPermalink

TITLE I--EDUCATIONAL RIGHTS FOR CHILDREN IN FOSTER CARE

Subtitle A--Required Educational Rights, Protections, and Services for Children in Foster Care

Sec. 101. Required educational rights, protections, and services for children in foster care.CommentsClose CommentsPermalink





Sec. 102. Remedies; rule of construction.CommentsClose CommentsPermalink





Sec. 103. Conforming amendments.CommentsClose CommentsPermalink

Subtitle B--State Foster Care and Education Plan Grants

Sec. 111. State foster care and education plan requirements and grants.CommentsClose CommentsPermalink





Sec. 112. Subgrants.CommentsClose CommentsPermalink





Sec. 113. Responsibilities of the Secretary.CommentsClose CommentsPermalink





Sec. 114. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE II--SOCIAL SECURITY ACT AMENDMENTS

Sec. 201. Social Security Act amendments.CommentsClose CommentsPermalink

SEC. 2. FINDINGS; SENSE OF CONGRESS.

(a) Findings- The Congress makes the following findings:CommentsClose CommentsPermalink





(1) Educational success is vital to every young person’s well-being, successful transition to adulthood, and economic stability.CommentsClose CommentsPermalink





(2) At the end of fiscal year 2007, approximately 500,000 children were in foster care in the United States, with nearly 800,000 children having spent at least some time in foster care in the United States during the year.CommentsClose CommentsPermalink





(3) Numerous studies have demonstrated that children in foster care fall behind the general student population with respect to test scores, graduation rates, and successful transitions to postsecondary education.CommentsClose CommentsPermalink





(4) Only one-third of high school students in foster care graduate on time and only 3 percent of such students graduate from college.CommentsClose CommentsPermalink





(5) On average, children in foster care move to new foster care placements 2 times per year, and often change schools when they move.CommentsClose CommentsPermalink





(6) Studies indicate that with each school move, children, on average, fall 4 to 6 months behind their classmates. Because foster children often change schools multiple times, it is difficult for them to make significant educational progress.CommentsClose CommentsPermalink





(7) Children in foster care are frequently denied the ability to remain in the same school as a result of changes in their living situations.CommentsClose CommentsPermalink





(8) In addition, children in foster care who are required to change schools are frequently denied immediate enrollment in a new school, which results in detrimental disruptions to their education.CommentsClose CommentsPermalink





(9) Moreover, the enrolling school frequently does not have access to the child’s complete and accurate education records, which often results in the child’s placement in inappropriate classes and educational settings.CommentsClose CommentsPermalink





(10) When foster children change schools, they often have difficulties transferring credits from previous schools and meeting the new set of graduation requirements in their new school.CommentsClose CommentsPermalink





(11) In 2008, Congress enacted the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), which requires, among other things, child welfare agencies to ensure that a child in foster care remains in the same school after moving to a new placement or, when remaining in the same school is not in the child’s best interest, is enrolled in a new school immediately, and that the child’s education records are transferred promptly. While the Fostering Connections to Success and Increasing Adoptions Act of 2008 requires child welfare agencies to coordinate with local educational agencies, the local educational agencies must play a critical role in the process. Otherwise, the education provisions of the Act cannot be fully implemented.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of the Congress that--CommentsClose CommentsPermalink





(1) in order to successfully meet the needs of the 500,000 children in foster care in the United States, State educational agencies, local educational agencies, State child welfare agencies, and local child welfare agencies must work together at the Federal, State, and local level to--CommentsClose CommentsPermalink





(A) address the unique needs of this population; andCommentsClose CommentsPermalink





(B) ensure school stability, immediate enrollment, and access to appropriate services; andCommentsClose CommentsPermalink





(2) such efforts will significantly increase the secondary school graduation rates and improve educational outcomes for children in foster care.CommentsClose CommentsPermalink

SEC. 3. PURPOSE.

The purpose of this Act is to ensure that the educational needs of children in foster care are addressed in a seamless and complete manner by--CommentsClose CommentsPermalink





(1) requiring the State educational agency of a recipient State to work together with the State child welfare agency to ensure that the educational needs of each child in foster care in the State are being met;CommentsClose CommentsPermalink





(2) requiring local child welfare agencies and local educational agencies of a recipient State to work together to ensure that the educational needs of each child in foster care in the State are being met;CommentsClose CommentsPermalink





(3) ensuring that issues related to stability in education, school attendance, and the proper handling of information, including education records and health records, are coordinated between schools and child welfare agencies; andCommentsClose CommentsPermalink





(4) ensuring that a coordinated process is utilized to address the best interest and needs of the child with regard to school placements, school attendance, access to appropriate education services, and required supports, including the provision of transportation services to ensure school stability.CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) CHILD IN FOSTER CARE- The term ‘child in foster care’ means a child whose care and placement is the responsibility of the State or Tribal agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq.; 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of the Social Security Act (42 U.S.C. 672) on behalf of the child.CommentsClose CommentsPermalink





(2) COURT REPRESENTATIVE- The term ‘court representative’ means an individual appointed by a court to represent a child in a juvenile court dependency proceeding.CommentsClose CommentsPermalink





(3) EDUCATION DECISIONMAKER- The term ‘education decisionmaker’ means--CommentsClose CommentsPermalink





(A) a parent of a child in foster care; orCommentsClose CommentsPermalink





(B) a person identified by the dependency court to make education decisions for a child in foster care who is someone other than the child’s parent.CommentsClose CommentsPermalink





(4) EDUCATION RECORDS- The term ‘education records’ means documents and other materials relating to a child’s enrollment and education, including transcripts, reports, plans, evaluations, and assessments maintained by a local educational agency.CommentsClose CommentsPermalink





(5) ELEMENTARY SCHOOL- The term ‘elementary school’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).CommentsClose CommentsPermalink





(6) ENROLLMENT- The term ‘enrollment’ means attending classes in a public preschool program, an elementary school, or secondary school and participating fully in the activities of such school or program.CommentsClose CommentsPermalink





(7) LOCAL CHILD WELFARE AGENCY- The term ‘local child welfare agency’ means, with respect to a child in foster care, the public agency in the local political subdivision where the child resides, or the Indian tribe or tribal organization, that is responsible for the placement and care of the child.CommentsClose CommentsPermalink





(8) LOCAL EDUCATIONAL AGENCY- The term ‘local educational agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).CommentsClose CommentsPermalink





(9) PARENT- The term ‘parent’ means a biological or adoptive parent or a legal guardian of a child, as determined under applicable State law.CommentsClose CommentsPermalink





(10) PLACEMENT- The term ‘placement’ means the current or proposed living situation for a child in foster care, which can include a group home or other congregate care setting.CommentsClose CommentsPermalink





(11) PUBLIC AGENCY- The term ‘public agency’ means any State or local government entity.CommentsClose CommentsPermalink





(12) PUBLIC PRESCHOOL PROGRAM- The term ‘public preschool program’ means a preschool program funded, administered, or overseen by a State educational agency, local educational agency, or other State agency.CommentsClose CommentsPermalink





(13) RECIPIENT STATE- The term ‘recipient State’ means a State that receives funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).CommentsClose CommentsPermalink





(14) SCHOOL OF ORIGIN- The term ‘school of origin’ means, with respect to a child in foster care, any of the following:CommentsClose CommentsPermalink





(A) The school in which the child was enrolled prior to entry into foster care.CommentsClose CommentsPermalink





(B) The school in which the child is enrolled when a change in foster care placement occurs or is proposed.CommentsClose CommentsPermalink





(C) The school the child attended when last permanently housed, as such term is used in section 722(g)(3)(G) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(3)(G)).CommentsClose CommentsPermalink





(15) SCHOOL ATTENDANCE AREA- The term ‘school attendance area’ has the meaning given the term in section 1113(a)(2)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(2)(A)).CommentsClose CommentsPermalink





(16) SCHOOL SELECTION DECISION- The term ‘school selection decision’ means a school selection decision as described in section 101(b)(4).CommentsClose CommentsPermalink





(17) SECONDARY SCHOOL- The term ‘secondary school’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.).CommentsClose CommentsPermalink





(18) SECRETARY- The term ‘Secretary’ means the Secretary of Education.CommentsClose CommentsPermalink





(19) SPECIAL EDUCATION AND RELATED SERVICES- The terms ‘special education’ and ‘related services’ have the meaning given such terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).CommentsClose CommentsPermalink





(20) STATE- The term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.CommentsClose CommentsPermalink





(21) STATE CHILD WELFARE AGENCY- The term ‘State child welfare agency’ means the State agency responsible for administering the programs authorized under subpart 1 of part B and part E of title IV of the Social Security Act (42 U.S.C. 621 et seq.; 670 et seq.).CommentsClose CommentsPermalink





(22) STATE EDUCATIONAL AGENCY- The term ‘State educational agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).CommentsClose CommentsPermalink

SEC. 5. REGULATIONS.

Not later than 60 days after the date of enactment of this Act, the Secretary shall develop, issue, and publish in the Federal Register a notice of proposed rulemaking to implement the provisions of this title. The issuance, amendment, and repeal of any regulations promulgated under this title shall comply with section 553 of title 5, United States Code.CommentsClose CommentsPermalink

SEC. 6. EFFECTIVE DATE.

Except as otherwise provided, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act, except that subtitle A, and the amendments made by such subtitle, shall apply with respect to recipient States that receive funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) on or after the date of enactment of this Act.CommentsClose CommentsPermalink

TITLE I--EDUCATIONAL RIGHTS FOR CHILDREN IN FOSTER CARECommentsClose CommentsPermalink

Subtitle A--Required Educational Rights, Protections, and Services for Children in Foster CareCommentsClose CommentsPermalink

SEC. 101. REQUIRED EDUCATIONAL RIGHTS, PROTECTIONS, AND SERVICES FOR CHILDREN IN FOSTER CARE.

(a) Rights of Children in Foster Care- Each recipient State shall ensure that each child in foster care in the State has the following rights:CommentsClose CommentsPermalink





(1) SCHOOL ATTENDANCE-CommentsClose CommentsPermalink





(A) SCHOOL OF ORIGIN- A child in foster care shall have the right to enroll in, or continue to enroll in, any of the child’s schools of origin when the child is placed in foster care and during all subsequent changes in placement (including when the child returns home, as required under subparagraph (B)), unless it is determined through the school selection decision process that it is in the child’s best interest to be immediately enrolled in a different school.CommentsClose CommentsPermalink





(B) SCHOOL UPON PERMANENT PLACEMENT- In the case of a child in foster care for whom the child welfare case is closed as a result of the child returning home or achieving another permanency outcome during a school year--CommentsClose CommentsPermalink





(i) the child shall be entitled to complete the school year in the school that the child is attending unless the entity making the school selection decision determines that a change in schools is in the child’s best interest; andCommentsClose CommentsPermalink





(ii) necessary transportation to the current school shall be arranged and funded by the local educational agency in which the current school is located.CommentsClose CommentsPermalink





(2) TREATMENT AS RESIDENT- A child in foster care who remains in a school of origin shall be treated by the local educational agency serving such school as if the child resides in the school district and is entitled to all school privileges.CommentsClose CommentsPermalink





(3) IMMEDIATE ENROLLMENT- If it is determined through the school selection process that it is not in the best interest of a child in foster care to attend a school of origin, or if a school selection decision is not sought for the child, the child shall have the right to be immediately enrolled in a new school in the child’s school attendance area, regardless of the status of records normally required for enrollment such as previous academic records, medical or immunization records, proof of residency, or other documentation or requirements.CommentsClose CommentsPermalink





(4) RECORDS-CommentsClose CommentsPermalink





(A) IN GENERAL- The education records of a child in foster care shall be--CommentsClose CommentsPermalink





(i) maintained so that the records are available, in a timely fashion, when a child enters a new school or school district;CommentsClose CommentsPermalink





(ii) immediately sent to the enrolling school as complete as possible, even if the student owes fees or fines or was not withdrawn from the previous school in conformance with local withdrawal procedures; andCommentsClose CommentsPermalink





(iii) maintained in a manner consistent with section 444 of the General Education Provisions Act (commonly referred to as the ‘Family’ (20 U.S.C. 1232g)).CommentsClose CommentsPermalink





(B) RECORDS FOR ACADEMIC DECISIONS- The education records needed for academic placement decisions and decisions regarding the transfer of school course credits for a child in foster care shall be released immediately to an enrolling school by facsimile or other available electronic means.CommentsClose CommentsPermalink





(5) EQUAL ACCESS- Each child in foster care shall have equal access to the same education and opportunities as other students attending the school or school district, including--CommentsClose CommentsPermalink





(A) having the same opportunities, access, and services needed to meet the challenging State student academic achievement standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)) that are provided to other students;CommentsClose CommentsPermalink





(B) receiving educational services and transportation services that are comparable to the services offered other children in the child’s school;CommentsClose CommentsPermalink





(C) having--CommentsClose CommentsPermalink





(i) equal access to the full range of educational offerings, including--CommentsClose CommentsPermalink





(I) services under title I of such Act (20 U.S.C. 6311 et seq.);CommentsClose CommentsPermalink





(II) publicly funded early childhood programs and public preschool programs;CommentsClose CommentsPermalink





(III) Early Head Start or Head Start programs under the Head Start Act (42 U.S.C. 9801 et seq.);CommentsClose CommentsPermalink





(IV) public charter and magnet schools;CommentsClose CommentsPermalink





(V) Advanced Placement courses and dual enrollment higher education courses;CommentsClose CommentsPermalink





(VI) career and technical education programs;CommentsClose CommentsPermalink





(VII) summer school; andCommentsClose CommentsPermalink





(VIII) extracurricular activities; andCommentsClose CommentsPermalink





(ii) as appropriate, prioritization in the educational offerings described in clause (i) in accordance with Federal and State law;CommentsClose CommentsPermalink





(D) being integrated with other students in all schools or programs within a school that are operated, licensed, or funded by a public entity; andCommentsClose CommentsPermalink





(E) attending the elementary school or secondary school that serves the child’s school attendance area unless--CommentsClose CommentsPermalink





(i) the student has an individualized education program under section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414) requiring placement in an alternative setting, in another public school in the same or another local educational agency, or in a private school;CommentsClose CommentsPermalink





(ii) it is in the child’s best interest to enroll in a school of origin that is not the school that serves the child’s school attendance area, based on the school selection decision for the child; orCommentsClose CommentsPermalink





(iii) the education decisionmaker consents to another appropriate school placement.CommentsClose CommentsPermalink





(6) TRANSPORTATION-CommentsClose CommentsPermalink





(A) IN GENERAL- A child in foster care shall be provided with free transportation to and from the child’s school of origin or other school in which the child is enrolled, in accordance with this subsection, paragraphs (4)(H) and (5)(D) of subsection (b), and section 475(1)(G)(ii)(II) of the Social Security Act (42 U.S.C. 675(1)(G)(ii)(II)).CommentsClose CommentsPermalink





(B) CHILDREN WITH DISABILITIES- In the case of a child in foster care that receives services under part A or C of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq., 1431 et seq.), nothing in this Act or section 475(G)(ii)(II) of the Social Security Act (42 U.S.C. 675(1)(G)(ii)(II)) shall relieve a local educational agency of the agency’s responsibility to provide the child with transportation as part of such services.CommentsClose CommentsPermalink





(b) Requirements of Education System for Children in Foster Care- In order to provide each child in foster care with the rights described in subsection (a), each recipient State shall meet the following requirements:CommentsClose CommentsPermalink





(1) POLICY REVIEW AND REVISION-CommentsClose CommentsPermalink





(A) IN GENERAL- Not more than 120 days after the effective date of this Act, any State or local educational agency in the State that has a school attendance law or other law, regulation, practice, or policy that may prohibit enrollment in, or attendance at, a school of origin for a child in foster care or that may prohibit implementation of any other requirement of this title, shall undertake steps to revise such law, regulation, practice, or policy to ensure that children in foster care--CommentsClose CommentsPermalink





(i) are afforded the same free, appropriate public education as is provided to other children; andCommentsClose CommentsPermalink





(ii) receive the protections of this subtitle.CommentsClose CommentsPermalink





(B) NO DELAY- Nothing in this subsection shall be construed to permit a State or local educational agency to delay implementation of this Act until such review and revision is completed.CommentsClose CommentsPermalink





(2) COORDINATOR-CommentsClose CommentsPermalink





(A) IN GENERAL- The State shall designate a coordinator within the State educational agency to be the lead staff member to implement this title.CommentsClose CommentsPermalink





(B) COLLABORATION- The coordinator shall collaborate with representatives from the State child welfare agency, the State’s program supported under subtitle B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), when appropriate, and with all other State and local agencies necessary to implement the requirements of this title and the provisions of parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 42 U.S.C. 670 et seq.) relating to the educational needs of children in foster care.CommentsClose CommentsPermalink





(C) SPECIAL RULE- In the case of a State that receives a grant under section 111 in an amount that is more than the minimum allotment described in section 111(b)(1)(B), the coordinator under this paragraph for the State shall not be the same individual who is assigned the role of State Coordinator for purposes of the State’s program supported under subtitle B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432 et seq.).CommentsClose CommentsPermalink





(D) RESPONSIBILITIES- The responsibilities of a coordinator described in subparagraph (A) shall include, at minimum--CommentsClose CommentsPermalink





(i) ensuring that the requirements of this title and clauses (ii)(II), (iii), and (iv) of section 475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)) are carried out;CommentsClose CommentsPermalink





(ii) gathering and making public information on the problems children in foster care have in gaining access to public preschool programs and schools;CommentsClose CommentsPermalink





(iii) monitoring the progress of the State and local educational agencies in addressing any problems or difficulties in meeting the requirements of this title;CommentsClose CommentsPermalink





(iv) ensuring the success of the programs under this title;CommentsClose CommentsPermalink





(v) providing technical assistance to local educational agencies and local child welfare agencies on how to comply with this title;CommentsClose CommentsPermalink





(vi) collecting data related to the implementation of this title and the educational outcomes of children in foster care and reporting such information to the appropriate State officials and to the Secretary; andCommentsClose CommentsPermalink





(vii) ensuring effective implementation of a dispute resolution procedure, as described in paragraph (5), and a complaint management system, as described in paragraph (6).CommentsClose CommentsPermalink





(3) FOSTER CARE LIAISON-CommentsClose CommentsPermalink





(A) IN GENERAL- The State educational agency shall ensure that each local educational agency in the State designates a foster care liaison with sufficient capacity, resources, and time to fulfill the requirements of this title effectively.CommentsClose CommentsPermalink





(B) RESPONSIBILITIES- The foster care liaison shall ensure, at minimum, that--CommentsClose CommentsPermalink





(i) each child in foster care served by the local educational agency is--CommentsClose CommentsPermalink





(I) identified for purposes of this title;CommentsClose CommentsPermalink





(II) enrolled in the appropriate public preschool program or elementary or secondary school, in accordance with any school selection decision made for the child; andCommentsClose CommentsPermalink





(III) has a full and equal opportunity to succeed in the child’s school program and receive educational services for which the child is eligible, including--CommentsClose CommentsPermalink

(aa) special education and related services and protections under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);CommentsClose CommentsPermalink

(bb) programs under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);CommentsClose CommentsPermalink

(cc) English as a Second Language programs, including programs under title III of such Act (20 U.S.C. 6801 et seq.); andCommentsClose CommentsPermalink

(dd) early childhood and preschool programs;CommentsClose CommentsPermalink

(ii) the parents and education decisionmaker of the child in foster care, and the child welfare agency representative, are informed of the opportunities available to the child under this title;CommentsClose CommentsPermalink





(iii) school personnel are adequately prepared to implement this title; andCommentsClose CommentsPermalink





(iv) the local educational agency serving the child works collaboratively with individuals designated by the local child welfare agency to ensure--CommentsClose CommentsPermalink





(I) that child welfare agency personnel are informed of the rights of children in foster care and responsibilities of the State and local agencies under this title;CommentsClose CommentsPermalink





(II) that a child in foster care in a school served by the local educational agency has school stability and is promptly enrolled in a school in accordance with any school selection decision made for the child;CommentsClose CommentsPermalink





(III) that the child is provided with special education evaluations and services, as needed, and if the child is a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401), the arrangement for, and provision of, the transportation, records transfers, and special education and related services as required under such Act, including--CommentsClose CommentsPermalink

(aa) the timely conduct of evaluations as required by section 614(a) of such Act (20 U.S.C. 1414(a));CommentsClose CommentsPermalink

(bb) the prompt transmittal of records under section 614(d)(2)(C)(ii) of such Act (20 U.S.C. 1414(d)(2)(C)(ii)); andCommentsClose CommentsPermalink

(cc) when appropriate, the appointment of a surrogate parent for a child required under section 615(b)(2) or 639(a)(5) of such Act (20 U.S.C. 1415(b)(2), 1439(a)(5)); andCommentsClose CommentsPermalink

(IV) the appointment by the appropriate court of an education decisionmaker for the child for purposes of this title, as needed.CommentsClose CommentsPermalink





(4) SCHOOL SELECTION DECISION-CommentsClose CommentsPermalink





(A) IN GENERAL- Upon a request made in accordance with subparagraph (C), the appropriate entity described in subparagraph (B) shall make an individualized school selection decision on an expedited basis for a child in foster care regarding whether it is in the child’s best interest to attend a school of origin or to be immediately enrolled in the appropriate school where the child resides.CommentsClose CommentsPermalink





(B) ENTITIES MAKING SCHOOL SELECTION DECISIONS- The school selection decision shall be made by the local educational agency that serves the school of origin in which enrollment is sought for a child in foster care, unless the State determines the school selection decision shall be made solely by--CommentsClose CommentsPermalink





(i) the dependency court;CommentsClose CommentsPermalink





(ii) the State child welfare agency; orCommentsClose CommentsPermalink





(iii) the local child welfare agency.CommentsClose CommentsPermalink





(C) INITIATING A SCHOOL SELECTION DECISION-CommentsClose CommentsPermalink





(i) IN GENERAL- The local child welfare agency responsible for a child in foster care shall, after consultation with the child and with the education decisionmaker and parent of the child, initiate the school selection decision process under this paragraph if the agency believes that a child should remain or enroll in a school of origin.CommentsClose CommentsPermalink





(ii) TIMING- A school selection decision may be requested for a child in foster care each time the child’s placement is changed or a placement change for the child is proposed.CommentsClose CommentsPermalink





(iii) NOTIFICATION OF FOSTER CARE LIAISON- The local child welfare agency shall notify the foster care liaison described in paragraph (3) for the local educational agency serving the school in which the agency wants the child to remain or enroll to initiate the school selection decision process.CommentsClose CommentsPermalink





(iv) EXCEPTION- If the local child welfare agency has not initiated the school selection process, the child’s education decisionmaker may do so by contacting the appropriate foster care liaison described in clause (iii).CommentsClose CommentsPermalink





(D) DEPENDENCY COURT DECISION- Notwithstanding any other provision of this subsection, if the court with dependency jurisdiction over a child in foster care initiates or makes a school selection decision for such child, or appoints another person to initiate or make a school selection decision, the court’s determination shall be binding on all parties, the State educational agency, and the appropriate local educational agency.CommentsClose CommentsPermalink





(E) SOURCES OF INFORMATION; FACTORS-CommentsClose CommentsPermalink





(i) SOURCES OF INFORMATION- The entity making the school selection decision for a child in foster care shall consider information and factors provided by--CommentsClose CommentsPermalink





(I) the State child welfare agency, local child welfare agency, State educational agency, local educational agency, or other public agency; andCommentsClose CommentsPermalink





(II) individuals who have knowledge about the child’s education, including the child and the parent, educational decisionmaker, foster parent, court representative, and teachers of the child.CommentsClose CommentsPermalink





(ii) INFORMATION AND FACTORS- The information and factors described in clause (i) shall include--CommentsClose CommentsPermalink





(I) the harmful impact of school mobility on the child’s academic progress, achievement, and social and emotional well-being;CommentsClose CommentsPermalink





(II) the age of the child;CommentsClose CommentsPermalink





(III) the impact the commute to school may have on the child’s education or well-being;CommentsClose CommentsPermalink





(IV) personal safety issues, including safety as it relates to family violence;CommentsClose CommentsPermalink





(V) the child’s need for special instruction, including special education and related services, and where those needs can best be met;CommentsClose CommentsPermalink





(VI) the length of stay in foster care, placement type, and permanency plan for the child;CommentsClose CommentsPermalink





(VII) the time remaining in the school year;CommentsClose CommentsPermalink





(VIII) the school placement of family members;CommentsClose CommentsPermalink





(IX) the number of previous school changes;CommentsClose CommentsPermalink





(X) the child’s connection to the school of origin under consideration;CommentsClose CommentsPermalink





(XI) the extent to which the educational program of the school of origin is appropriate, meets the child’s needs and interests, and nurtures the child’s talents; andCommentsClose CommentsPermalink





(XII) the availability of special programs, academically rigorous courses, and extracurricular activities that are appropriate for the child.CommentsClose CommentsPermalink





(F) CONSIDERATIONS- An entity making a school selection decision under this paragraph shall consider the wishes of the child.CommentsClose CommentsPermalink





(G) EXCLUDED FACTORS- The cost of transportation to or from a school shall not be a consideration when making a school selection decision.CommentsClose CommentsPermalink





(H) TRANSPORTATION-CommentsClose CommentsPermalink





(i) IN GENERAL- The local educational agency serving the school of origin in which a child in foster care shall remain or enroll, based on the school selection decision for the child, shall collaborate with the local child welfare agency to ensure that the child is provided transportation to the school of origin in a cost effective manner and in accordance with section 475(1)(G)(ii)(II) of the Social Security Act (42 U.S.C. 675(1)(G)(ii)(II)).CommentsClose CommentsPermalink





(ii) COST OF TRANSPORTATION- In carrying out clause (i), a local educational agency shall provide the transportation described in such clause for a child in foster care if--CommentsClose CommentsPermalink





(I) the local child welfare agency reimburses the local educational agency for the cost of such transportation, in accordance with section 475(1)(G)(ii)(II) of the Social Security Act (42 U.S.C. 675(1)(G)(ii)(II));CommentsClose CommentsPermalink





(II) the local educational agency agrees to pay for the cost of such transportation; orCommentsClose CommentsPermalink





(III) the local educational agency and the local child welfare agency agree to share the cost of such transportation.CommentsClose CommentsPermalink





(5) SCHOOL SELECTION DECISION DISPUTE RESOLUTION-CommentsClose CommentsPermalink





(A) IN GENERAL- The State educational agency, or another State agency designated by the State, shall develop and oversee a fair and impartial dispute resolution procedure to promptly resolve school selection decision disputes, except that such procedure shall not be applied to disputes regarding school selection decisions made by a court.CommentsClose CommentsPermalink





(B) COMPONENTS OF DISPUTE RESOLUTION- The dispute resolution procedure described in subparagraph (A) shall include, at a minimum--CommentsClose CommentsPermalink





(i) a procedural safeguard system to resolve disputes and render prompt school selection decisions;CommentsClose CommentsPermalink





(ii) written notice of the school selection decision and basis for the decision to the--CommentsClose CommentsPermalink





(I) parent, education decisionmaker, and court representative of the child; andCommentsClose CommentsPermalink





(II) local child welfare agency serving the child;CommentsClose CommentsPermalink





(iii) a right to appeal a school selection decision, an impartial and prompt review of such decision, and a written determination of the administrative appeal; andCommentsClose CommentsPermalink





(iv) a right to initiate a dispute under this paragraph that is provided to--CommentsClose CommentsPermalink





(I) the parent, education decisionmaker, and court representative of the child; andCommentsClose CommentsPermalink





(II) a representative from the local child welfare agency or local educational agency serving the child.CommentsClose CommentsPermalink





(C) SCHOOL PLACEMENT DURING DISPUTE- If a dispute arises over the school selection decision, the child shall remain in the child’s current school until full resolution of the dispute, unless--CommentsClose CommentsPermalink





(i) the dependency court determines otherwise and selects a different school for the child; orCommentsClose CommentsPermalink





(ii) the State child welfare agency or local child welfare agency with responsibility for the child determines that the child’s health or safety would be at risk if the child remained in such school prior to a determination made under subparagraph (A) and selects a different school for the child.CommentsClose CommentsPermalink





(D) TRANSPORTATION- In the case of a dispute under this paragraph regarding a child in foster care, the local educational agency where the child is attending school pending the resolution of the dispute, as determined under subparagraph (C), shall collaborate with the local child welfare agency to ensure transportation is provided, as required under section 101(a)(6), for the child to such school, until the full resolution of the dispute in accordance with this paragraph.CommentsClose CommentsPermalink





(6) COMPLAINT MANAGEMENT SYSTEM- Each State shall maintain a complaint management system by which individuals and organizations acting on behalf of a child in foster care can request that the State investigate and correct violations of this subtitle in a timely manner on behalf of a child in foster care or a group of children in foster care.CommentsClose CommentsPermalink





(7) SCHOOL READINESS FOR CHILDREN IN FOSTER CARE-CommentsClose CommentsPermalink





(A) STATE AND LOCAL EDUCATIONAL AGENCIES- Each State educational agency and local educational agency shall ensure that public preschool programs funded, administered, or overseen by such agency--CommentsClose CommentsPermalink





(i) provide preschool-aged children in foster care with the rights described in subsection (a), and comply with the requirements of this subsection with respect to such children, except that such programs shall not be required to enroll a child in foster care immediately in a public preschool program that is operating at full capacity when enrollment for the child is sought, unless otherwise required by State law;CommentsClose CommentsPermalink





(ii) identify and prioritize preschool-aged children in foster care for enrollment and increase such children’s enrollment and attendance in the public preschool program, through activities such as--CommentsClose CommentsPermalink





(I) reserving spaces in public preschool programs for children in foster care;CommentsClose CommentsPermalink





(II) conducting targeted outreach to local child welfare agencies and foster care providers;CommentsClose CommentsPermalink





(III) waiving application deadlines;CommentsClose CommentsPermalink





(IV) providing ongoing professional development for staff regarding the needs of children in foster care and their families and strategies to serve such children and families; andCommentsClose CommentsPermalink





(V) developing capacity to serve all children in foster care in the area served by such agency; andCommentsClose CommentsPermalink





(iii) review the educational and related needs of children in foster care and their families in such agencies’ service areas, in coordination with the State child welfare agency, the local child welfare agency, and the foster care liaison designated under paragraph (3), and develop policies and practices to meet identified needs.CommentsClose CommentsPermalink





(B) OTHER STATE AGENCIES- In the case of public preschool programs that are not funded, administered, or overseen by the State educational agency or a local educational agency, the State agency that funds such public preschool programs shall--CommentsClose CommentsPermalink





(i) develop, review, and revise its policies and practices to remove barriers to the enrollment, attendance, retention, and success of children in foster care in public preschool programs funded, administered, or overseen by the agency;CommentsClose CommentsPermalink





(ii) provide preschool-aged children in foster care with the rights described in subsection (a), and comply with the requirements of this subsection with respect to such children, except that such programs--CommentsClose CommentsPermalink





(I) shall not be required to enroll a child in foster care immediately in a public preschool program that is operating at full capacity when enrollment is sought for the child, unless otherwise required by State law;CommentsClose CommentsPermalink





(II) shall not be subject to the dispute resolution procedures of the State educational agency or local educational agencies, but shall--CommentsClose CommentsPermalink

(aa) ensure that all of the dispute resolution procedures available through such programs and the State agency that funds, administers, or oversees such programs are accessible to the education decisionmaker, court representative of a child in foster care, and a representative from the local child welfare agency; andCommentsClose CommentsPermalink

(bb) provide such individuals with a written explanation of their dispute and appeal rights; andCommentsClose CommentsPermalink

(III) shall not be subject to the transportation requirements of paragraph (5)(D) and subsection (a)(6), but shall remove barriers to existing transportation services for children in foster care and shall, to the maximum extent practicable, arrange or provide transportation for children in foster care to attend public preschool programs, including the children’s school of origin;CommentsClose CommentsPermalink





(iii) identify and prioritize children in foster care for enrollment and increase such children’s enrollment and attendance in public preschool programs, including through activities described in subclauses (I) through (V) of subparagraph (A)(ii); andCommentsClose CommentsPermalink





(iv) review the educational and related needs of children in foster care and the children’s families in the State, in coordination with the coordinator described in paragraph (2), and develop policies and practices to meet identified needs.CommentsClose CommentsPermalink





(C) SCHOOL OF ORIGIN- For the purposes of applying this paragraph, a reference to a school shall be deemed to include a public preschool program.CommentsClose CommentsPermalink





(8) SHARING INFORMATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The State educational agency and local educational agency shall review and eliminate any barriers to information-sharing with State child welfare agencies and local child welfare agencies, while continuing to protect the privacy interests of children and families, as required by Federal or State law.CommentsClose CommentsPermalink





(B) IMMEDIATE AVAILABILITY- To ensure a child in foster care’s immediate enrollment in a new school (including a preschool program), all education records of the child shall be made available in accordance with subsection (a)(4). A school sending education records shall ensure that the records are as complete and accurate as possible.CommentsClose CommentsPermalink





(C) COMPLIANCE WITH FERPA- Education records of a child in foster care shall be--CommentsClose CommentsPermalink





(i) maintained and provided to other schools in a manner consistent with section 444 of the General Education Provisions Act (commonly referred to as the ‘Family Educational Rights and Privacy Act of 1974’) (20 U.S.C. 1232g); andCommentsClose CommentsPermalink





(ii) provided to the child welfare agency or other child welfare system advocates in a manner that complies with such section.CommentsClose CommentsPermalink





(D) EXPEDITED TRANSFER- Each foster care liaison described in paragraph (3) and coordinator described in paragraph (2) within a State shall work to expedite the transfer of education records of children in foster care.CommentsClose CommentsPermalink





(9) TRANSFER OF CREDITS; DIPLOMA-CommentsClose CommentsPermalink





(A) TRANSFER OF CREDITS- The State shall have a system for ensuring that--CommentsClose CommentsPermalink





(i) a child in foster care who is changing schools can transfer school credits and receive partial credits for coursework satisfactorily completed while attending a prior school or educational program; andCommentsClose CommentsPermalink





(ii) a child in foster care is afforded opportunities to recover school credits lost due to placement instability while in foster care.CommentsClose CommentsPermalink





(B) ELIMINATING BARRIERS- The State shall undertake steps to eliminate barriers to allowing a child in foster care who has experienced multiple school placements to receive a secondary school diploma either from one of the school districts in which the student was enrolled or through a State-issued secondary school diploma system.CommentsClose CommentsPermalink





(10) EQUAL ACCESS-CommentsClose CommentsPermalink





(A) IN GENERAL- The State and each local educational agency of the State shall take steps to eliminate barriers to access for children in foster care to academic, nonacademic, or extracurricular programs that are created by application or entrance deadlines and other admissions requirements that children in foster care cannot meet because of frequent school changes.CommentsClose CommentsPermalink





(B) NO FORCED PRIVATE PLACEMENT- The State shall ensure that each group home or placement facility in the State in which a child in foster care may be placed does not explicitly or implicitly condition such placement on attendance at a private school owned or operated by an agency associated with the facility.CommentsClose CommentsPermalink





(C) NO SCHOOL SEGREGATION- The State shall ensure that a child in foster care, including a child residing in a group home or placement facility--CommentsClose CommentsPermalink





(i) shall not be educated in a segregated setting due to the child’s status as a child in foster care; andCommentsClose CommentsPermalink





(ii) shall have access to--CommentsClose CommentsPermalink





(I) a public elementary school or secondary school; orCommentsClose CommentsPermalink





(II) in the case of a child with an individualized education program under section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414), an alternative setting, if required under such plan.CommentsClose CommentsPermalink





(11) COLLABORATION IN DEVELOPING CHILD-SPECIFIC CASE PLANS-CommentsClose CommentsPermalink





(A) IN GENERAL- Each local educational agency of the State shall collaborate, at the local child welfare agency’s request, with the local child welfare agency with respect to the following to ensure that educational issues for children in foster care are appropriately identified and addressed:CommentsClose CommentsPermalink





(i) The development of the following components of the case plan required for children in foster care:CommentsClose CommentsPermalink





(I) The written description of the programs and services which will help the child prepare for the transition from foster care to independent living required under subparagraph (D) of section 475(1) of the Social Security Act (42 U.S.C. 675(1)).CommentsClose CommentsPermalink





(II) The plan for ensuring the educational stability of the child while in foster care required under subparagraph (G) of section 475(1) of the Social Security Act (42 U.S.C. 675(1)).CommentsClose CommentsPermalink





(ii) The requirement under subparagraph (H) of section 475(5) of the Social Security Act (42 U.S.C. 675(5)) to provide a child in foster care with assistance and support in developing a transition plan for aging out of foster care to independent living.CommentsClose CommentsPermalink





(iii) The programs and activities, including vouchers for education and training, including postsecondary training and education, for youths who have aged out of foster care, carried out under the John H. Chafee Foster Care Independence Program established under section 477 of the Social Security Act (42 U.S.C. 677).CommentsClose CommentsPermalink





(iv) All other child welfare agency-based planning that relate to educational issues for a child in foster care or a child transitioning out of foster care to independent living.CommentsClose CommentsPermalink





(B) CONTENTS- The local child welfare agency shall specify in the case plan required for children in foster care under parts B and E of title IV of the Social Security Act the local educational agency’s role in providing guidance, information, and support to implement the education-related provisions of the plan.CommentsClose CommentsPermalink





(C) LOCAL EDUCATIONAL AGENCY ROLE- Each local educational agency of the State shall--CommentsClose CommentsPermalink





(i) cooperate with the implementation of programs, activities, services, and vouchers described in subparagraph (A); andCommentsClose CommentsPermalink





(ii) ensure that such programs, activities, services, and vouchers are coordinated with any education plans developed by the local educational agency, including, when appropriate, any plan for transition services for a child in foster care that is included in the child’s individualized education program, as required under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)).CommentsClose CommentsPermalink





(12) COLLECTING INFORMATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The State shall collect valid and reliable information as needed to report annually to the Secretary on the State’s progress in meeting the requirements of this title. Such report shall include, at a minimum--CommentsClose CommentsPermalink





(i) the number of children in foster care enrolled in school and in public preschool programs;CommentsClose CommentsPermalink





(ii) the number of such children who remained in the child’s school of origin;CommentsClose CommentsPermalink





(iii) the number of such children who experienced enrollment delays;CommentsClose CommentsPermalink





(iv) State assessment scores disaggregated for children in foster care;CommentsClose CommentsPermalink





(v) secondary school graduation rates, including on-time graduation rates, for such children;CommentsClose CommentsPermalink





(vi) the number of such children who repeated grades; andCommentsClose CommentsPermalink





(vii) the number of such children who--CommentsClose CommentsPermalink





(I) are eligible for special education and related services; orCommentsClose CommentsPermalink





(II) receive services under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).CommentsClose CommentsPermalink





(B) INFORMATION SHARING- The State educational agency and local educational agencies shall collaborate with the State child welfare agency and local child welfare agencies to collect and share necessary information in order to generate such reports.CommentsClose CommentsPermalink





(c) Collaboration- To carry out this section, each State educational agency and the local educational agencies of a recipient State shall collaborate with the State child welfare agency and local child welfare agencies of such State.CommentsClose CommentsPermalink

SEC. 102. REMEDIES; RULE OF CONSTRUCTION.

(a) Judicial Remedies-CommentsClose CommentsPermalink





(1) IN GENERAL- Any party aggrieved by a finding or decision made under paragraph (5) or (6) of section 101(b), or who otherwise claims that a right provided under this Act has been violated, may bring a civil action in an appropriate district court of the United States.CommentsClose CommentsPermalink





(2) JURISDICTION- The district courts of the United States shall have jurisdiction of actions brought under this title without regard to the amount in controversy.CommentsClose CommentsPermalink





(3) Attorney’s FEES- In any action or proceeding brought under paragraph (1), the court, in its discretion, may award reasonable attorney’s fees and expert witness fees as part of costs to a prevailing party who is acting on behalf of a child in foster care.CommentsClose CommentsPermalink





(4) STATE SOVEREIGN IMMUNITY-CommentsClose CommentsPermalink





(A) IN GENERAL- A recipient State’s receipt or use of funds under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) shall constitute a waiver of sovereign immunity, under the 11th amendment to the Constitution or otherwise, to a civil action brought under paragraph (1).CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- This paragraph shall apply with respect to violations that occur in whole or in part after the effective date of this Act.CommentsClose CommentsPermalink





(C) REMEDIES- In a civil action against a State for a violation of this paragraph, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as those remedies are available for such a violation in the civil action against any public entity other than a State.CommentsClose CommentsPermalink





(b) Rule of Construction- Nothing in this title shall be construed to restrict or limit the rights, procedures, and remedies available under--CommentsClose CommentsPermalink





(1) the Constitution;CommentsClose CommentsPermalink





(2) the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11461 et seq.);CommentsClose CommentsPermalink





(3) the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), or the amendments made by such Act;CommentsClose CommentsPermalink





(4) section 444 of the General Education Provisions Act (commonly referred to as the ‘Family Educational Rights and Privacy Act of 1974’) (20 U.S.C. 1232g);CommentsClose CommentsPermalink





(5) the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); orCommentsClose CommentsPermalink





(6) any other Federal or State law protecting the rights of children in foster care.CommentsClose CommentsPermalink

SEC. 103. CONFORMING AMENDMENTS.

The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 1111 (20 U.S.C. 6311)--CommentsClose CommentsPermalink





(A) in subsection (b)(2), by adding after subparagraph (K) the following:CommentsClose CommentsPermalink





‘(L) ACCOUNTABILITY FOR CHILDREN IN FOSTER CARE- The accountability provisions under this Act shall ensure that children in foster care, as defined in section 4 of the Fostering Success in Education Act, are included in academic assessment, reporting, and accountability systems, in accordance with paragraph (3)(C)(xi).’; andCommentsClose CommentsPermalink





(B) in subsection (c)--CommentsClose CommentsPermalink





(i) in paragraph (13), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(ii) in paragraph (14), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(15) the State and State educational agency will ensure that the requirements of section 101 of the Fostering Success in Education Act will be satisfied.’; andCommentsClose CommentsPermalink





(2) in section 1112(c)(1) (20 U.S.C. 6312(c)(1))--CommentsClose CommentsPermalink





(A) in subparagraph (N), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) in subparagraph (O), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(P) comply with the requirements of section 101 of the Fostering Success in Education Act that relate to the local educational agency.’.CommentsClose CommentsPermalink

Subtitle B--State Foster Care and Education Plan GrantsCommentsClose CommentsPermalink

SEC. 111. STATE FOSTER CARE AND EDUCATION PLAN REQUIREMENTS AND GRANTS.

(a) General Authority- From amounts appropriated to carry out this subtitle and not reserved under subsection (b)(2), the Secretary shall make grants to States, from allotments under subsection (b)(1), to enable the States to carry out activities, and award subgrants, in accordance with subsection (d).CommentsClose CommentsPermalink





(b) Allotments and Reservation-CommentsClose CommentsPermalink





(1) ALLOTMENTS-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraphs (B) and (C), the Secretary is authorized to make an allotment to each State with an approved State foster care and education plan under subsection (c) for a fiscal year in an amount that bears the same relation to the total amount available under this paragraph for a fiscal year as the number of children in foster care who reside in the State bears to the total number of children in foster care who reside in all States with approved State foster care and education plans.CommentsClose CommentsPermalink





(B) MINIMUM ALLOTMENTS- The amount of a State’s allotment under this paragraph for a fiscal year shall not be less than $300,000.CommentsClose CommentsPermalink





(C) RATABLE REDUCTIONS- In the case of a fiscal year for which the amounts available to carry out this subtitle are not sufficient to award grants to States in the amounts described in subparagraphs (A) and (B), the Secretary shall ratably reduce the amount of all such grants.CommentsClose CommentsPermalink





(2) RESERVATIONS-CommentsClose CommentsPermalink





(A) RESERVATION FOR TECHNICAL ASSISTANCE AND EVALUATION- Of the funds made available to carry out this section, the Secretary shall reserve 1 percent of such funds to provide--CommentsClose CommentsPermalink





(i) technical assistance to States that receive grants under this subtitle; andCommentsClose CommentsPermalink





(ii) rigorous evaluation of the activities funded with grants under this subtitle in accordance with section 113.CommentsClose CommentsPermalink





(B) STUDENTS IN TERRITORIES- Of the funds made available to carry out this section, the Secretary shall reserve 0.10 percent of such funds to be allocated among the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, according to their respective need for assistance under this subtitle, as determined by the Secretary.CommentsClose CommentsPermalink





(C) INDIAN STUDENTS- Of the funds made available to carry out this section, the Secretary shall reserve 1.0 percent to provide assistance to the Secretary of the Interior for programs that are for Indian children in foster care who are served by schools funded by the Department of Interior and that are consistent with the purposes of the activities described in this subtitle.CommentsClose CommentsPermalink





(c) State Foster Care and Education Plan-CommentsClose CommentsPermalink





(1) ELIGIBILITY REQUIREMENT- No State shall receive a grant under this subtitle unless the State educational agency has submitted to the Secretary, and the Secretary has approved under section 113(a)(1), a State foster care and education plan (referred to in this section as the ‘plan’) that--CommentsClose CommentsPermalink





(A) includes the information described in paragraph (3); andCommentsClose CommentsPermalink





(B) describes the specific responsibilities and procedures undertaken by each applicable agency of the State to meet the requirements of subsections (e) and (f) and subtitle A.CommentsClose CommentsPermalink





(2) APPROVAL, REVIEW, AND RESUBMISSION-CommentsClose CommentsPermalink





(A) DEVELOPMENT AND APPROVAL- The plan for a State shall be--CommentsClose CommentsPermalink





(i) developed by the State educational agency, in collaboration with the State child welfare agency; andCommentsClose CommentsPermalink





(ii) approved by the chief executive officer of the State before submission to the Secretary.CommentsClose CommentsPermalink





(B) ANNUAL REVIEW- Each State receiving a grant under this subtitle shall review the plan annually, in collaboration with the State child welfare agency and the State educational agency, to determine the State’s compliance with the plan, including a review of the--CommentsClose CommentsPermalink





(i) information collected under section 101(b)(12); andCommentsClose CommentsPermalink





(ii) the State’s progress in eliminating barriers identified under paragraph (3)(B).CommentsClose CommentsPermalink





(C) RESUBMISSION- Each State receiving a grant under this subtitle shall resubmit the plan, with amendments as necessary, after collaboration with the State child welfare agency and approval by the chief State official in charge of the State’s child welfare system, every 3 years for review and approval by the Secretary.CommentsClose CommentsPermalink





(3) PLAN CONTENTS- The plan shall address how each right and requirement under section 101 will be achieved, including--CommentsClose CommentsPermalink





(A) the method by which the State will monitor local educational agencies and other local agencies with responsibility under this title to ensure compliance with this title;CommentsClose CommentsPermalink





(B) an analysis of the State and local barriers to meeting the requirements of this title, including the barriers described in paragraphs (8), (9)(B), and (10) of section 101(b), and specific steps taken to eliminate those barriers;CommentsClose CommentsPermalink





(C) a description of, and protocol for, how State foster care coordinators described in section 101(b)(2) and foster care liaisons described in section 101(b)(3) will work collaboratively with State child welfare agencies and local child welfare agencies to implement the provisions of this title;CommentsClose CommentsPermalink





(D) detailed procedures for making the school selection decisions for children in foster care in the State in accordance with section 101(b)(4);CommentsClose CommentsPermalink





(E) clear procedures regarding how transportation to maintain each child in foster care in the appropriate school will be provided, arranged, and funded;CommentsClose CommentsPermalink





(F) an explanation of how the State will--CommentsClose CommentsPermalink





(i) ensure transfers of school credits and partial credits for children in foster care who experience multiple school moves; andCommentsClose CommentsPermalink





(ii) eliminate barriers to allowing such children to obtain secondary school diplomas as required under section 101(b)(4);CommentsClose CommentsPermalink





(G) an explanation of how the State will put in place a procedural safeguard system that meets the requirements of section 101(b) and protects the rights of children in foster care, as described in section 101(a), and how such system will--CommentsClose CommentsPermalink





(i) operate;CommentsClose CommentsPermalink





(ii) resolve disputes about school stability, immediate enrollment, and eligibility for services under the title;CommentsClose CommentsPermalink





(iii) provide notice to children in foster care, and the parents, educational decisionmakers, and court representatives, of the rights of children under section 101(a) and the processes for obtaining a school selection decision for the child and for resolving disputes under section 101(b); andCommentsClose CommentsPermalink





(iv) protect the child’s rights under section 101(a) during the resolution of any disputes;CommentsClose CommentsPermalink





(H) a description of how the State has involved, and will continue to involve, individuals representing all critical stakeholders involved with children in foster care, including children in foster care, parents, education decisionmakers, foster parents and other caretakers, caseworkers, court representatives, and judges, in the development of the plan and when making decisions about policies and procedures to implement this title;CommentsClose CommentsPermalink





(I) a description of how training needs relating to children in foster care will be identified and addressed for--CommentsClose CommentsPermalink





(i) critical stakeholders in the State educational agency, local educational agencies, the State child welfare agency, and local child welfare agencies; andCommentsClose CommentsPermalink





(ii) other necessary parties involved with children in foster care;CommentsClose CommentsPermalink





(J) a description of how local educational agencies in the State, in collaboration with local child welfare agencies, will meet the requirements of subsection (f), section 101(b)(1), and other provisions in this title relating to local educational agencies;CommentsClose CommentsPermalink





(K) a description of services or policies needed for children in foster care to meet the same challenging student academic achievement standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)) to which other children are held, and a description of the steps that will be taken to create and implement those services or policies;CommentsClose CommentsPermalink





(L) a description of all efforts to promote efficient record maintenance and sharing to further the purposes of this title while protecting confidentiality rights under section 444 of the General Education Provisions Act (commonly referred to as the ‘Family Educational Rights and Privacy Act of 1974’) (20 U.S.C. 1232g) and other laws;CommentsClose CommentsPermalink





(M) a description of how immediate enrollment for children in foster care, as required under section 101(a)(3), will be achieved, including how any record requirements in effect as of the date of the plan will be addressed so as to not delay enrollment;CommentsClose CommentsPermalink





(N) a description of the system that will ensure the timely transfer of education and health records of children in foster care and an explanation of how any delay in such transfer will not interfere with immediate enrollment; andCommentsClose CommentsPermalink





(O) procedures for periodically monitoring local educational agency compliance with the requirements of this title and for maintaining a complaint management system as required under section 101(b)(12).CommentsClose CommentsPermalink





(d) Use of Funds- A State receiving an allotment under this subtitle shall use--CommentsClose CommentsPermalink





(1) not more than 25 percent of the State’s allotment to carry out the State plan under subsection (c), meet the requirements under subsections (e) and (f), and carry out activities, directly or through grants or contracts, to further the purposes of this title; andCommentsClose CommentsPermalink





(2) not less than 75 percent of the State’s allotment to award subgrants under section 112.CommentsClose CommentsPermalink





(e) State Requirements-CommentsClose CommentsPermalink





(1) STATE EDUCATIONAL AGENCY ROLE-CommentsClose CommentsPermalink





(A) IN GENERAL- The State educational agency of a State receiving a grant under this subtitle shall be responsible for--CommentsClose CommentsPermalink





(i) the general administration and supervision of programs and activities receiving funds under this subtitle, including the activities described in paragraph (2) and subgrants awarded under section 112;CommentsClose CommentsPermalink





(ii) monitoring programs and activities used by the State to carry out this title, whether or not such programs or activities are receiving assistance under this subtitle; andCommentsClose CommentsPermalink





(iii) ensuring that the State is in compliance with the requirements under this title.CommentsClose CommentsPermalink





(B) COLLABORATION- A State educational agency shall collaborate with the State child welfare agency in carrying out the responsibilities under this paragraph.CommentsClose CommentsPermalink





(2) ACTIVITIES- Each State receiving a grant under this subtitle shall carry out the following activities:CommentsClose CommentsPermalink





(A) STAKEHOLDER COUNCIL-CommentsClose CommentsPermalink





(i) IN GENERAL- The State educational agency shall establish a Stakeholder Council (referred to in this paragraph as the ‘Council’) that meets publicly on not less than a semiannual basis.CommentsClose CommentsPermalink





(ii) MEMBERSHIP- The members of the Council shall include, at a minimum--CommentsClose CommentsPermalink





(I) a designee from the State educational agency;CommentsClose CommentsPermalink





(II) a designee from the State child welfare agency; andCommentsClose CommentsPermalink





(III) individuals representing local educational agencies, local child welfare agencies, juvenile courts, court representatives, court appointed special advocates, children in foster care, foster parents, and parents.CommentsClose CommentsPermalink





(iii) DUTIES- The Council shall--CommentsClose CommentsPermalink





(I) review the State’s policies, practices, data, and other information regarding the implementation of this title;CommentsClose CommentsPermalink





(II) review and advise the State on the plan before the plan’s submission or resubmission;CommentsClose CommentsPermalink





(III) make recommendations regarding procedures and policies for implementing this title;CommentsClose CommentsPermalink





(IV) assess progress towards eliminating identified barriers to compliance that are described in subsection (c)(3)(B);CommentsClose CommentsPermalink





(V) prepare and submit an annual report to the State educational agency, the State child welfare agency, any other applicable State agency, and the Secretary on the status of implementation efforts, including an analysis of data collected; andCommentsClose CommentsPermalink





(VI) make recommendations regarding the next steps the State should take regarding implementation and submit such recommendations to the Secretary with each plan resubmission under subsection (c)(2)(C).CommentsClose CommentsPermalink





(B) MONITORING- The State educational agency, in collaboration with the State child welfare agency, shall periodically monitor local educational agencies and other local agencies with responsibilities under this title to ensure compliance.CommentsClose CommentsPermalink





(f) Local Educational Agency Requirements- Each local educational agency in a State receiving a grant under this subtitle shall meet the following requirements:CommentsClose CommentsPermalink





(1) IN GENERAL- The local educational agency shall ensure, in coordination with the corresponding local child welfare agency, that children in foster care in the school district served by the local educational agency receive all of the rights described in section 101(a) by carrying out, at a minimum, all of the following:CommentsClose CommentsPermalink





(A) Ensuring that each child in foster care in the school district served by the local educational agency remains in a school of origin or is immediately enrolled in a new school, in accordance with the child’s best interest as required under section 101(a).CommentsClose CommentsPermalink





(B) Documenting that written notice has been provided to the parent, education decisionmaker, and court representative of the child and the local child welfare agency representative responsible for the child with regard to any decisions made by the local educational agency regarding the rights under this title of a child in foster care, including--CommentsClose CommentsPermalink





(i) an explanation of the basis for the decision;CommentsClose CommentsPermalink





(ii) the right to appeal the decision; andCommentsClose CommentsPermalink





(iii) the right of the child to remain in the child’s current school while a dispute is pending.CommentsClose CommentsPermalink





(C) Ensuring compliance with this title by all schools served by the local educational agency.CommentsClose CommentsPermalink





(D) Identifying and removing any barriers that exist in schools served by the local educational agency, including--CommentsClose CommentsPermalink





(i) barriers identified in the plan under subsection (b)(3)(B);CommentsClose CommentsPermalink





(ii) barriers to remaining or enrolling in a school of origin, or to enrolling promptly in a new school for a child in foster care if such enrollment is in the child’s best interest; orCommentsClose CommentsPermalink





(iii) other barriers impeding the rights of a child in foster care under this title.CommentsClose CommentsPermalink





(E) Ensuring that the schools served by the local educational agency promptly transfer the school credits and partial school credits of children in foster care, and provide children in foster care with access to credit recovery programs or services.CommentsClose CommentsPermalink

SEC. 112. SUBGRANTS.

(a) In General- The State educational agency shall, in accordance with section 111(b)(2), award subgrants, on a competitive basis, to public agencies, including local educational agencies and local child welfare agencies, or partnerships comprised of public agencies, to carry out the requirements of this title or clause (ii)(II), (iii), or (iv) of section 475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)).CommentsClose CommentsPermalink





(b) Application- A public agency, or a partnership of public agencies, desiring a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require.CommentsClose CommentsPermalink





(c) Award Basis-CommentsClose CommentsPermalink





(1) IN GENERAL- The State educational agency shall award subgrants under this section based on--CommentsClose CommentsPermalink





(A) the established need for attention to the education of children in foster care in the area served by the public agency or partnership of public agencies; andCommentsClose CommentsPermalink





(B) the quality of activities proposed to address such need by the agency or partnership in the application described in subsection (b).CommentsClose CommentsPermalink





(2) PRIORITY- In awarding subgrants under this section, the State educational agency shall give priority to the following applicants:CommentsClose CommentsPermalink





(A) Local child welfare agencies that have entered into agreements with local educational agencies to share responsibilities for providing, arranging, and paying for the transportation of children in foster care to the children’s school of origin in a cost-effective manner.CommentsClose CommentsPermalink





(B) Local educational agencies that have entered into such agreements with local child welfare agencies.CommentsClose CommentsPermalink





(C) Partnerships that--CommentsClose CommentsPermalink





(i) include not less than 1 local child welfare agency and not less than 1 local educational agency; andCommentsClose CommentsPermalink





(ii) have entered into such agreements.CommentsClose CommentsPermalink





(d) Use of Funds- A public agency, or a partnership of public agencies, receiving a subgrant under this section shall use subgrant funds to assist the State educational agency providing the subgrant in meeting the State’s responsibilities under this title or clause (ii)(II), (iii), or (iv) of section 475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)), which assistance may include--CommentsClose CommentsPermalink





(1) funding of foster care liaison positions, as described in section 101(b)(3), at the local educational agency;CommentsClose CommentsPermalink





(2) coordinating activities that support the purposes of this title between local educational agencies, local child welfare agencies, and other relevant agencies;CommentsClose CommentsPermalink





(3) expenditures for transportation costs;CommentsClose CommentsPermalink





(4) tutoring or other educational support services specifically targeted to children in foster care;CommentsClose CommentsPermalink





(5) expediting special education evaluations for children in foster care;CommentsClose CommentsPermalink





(6) pupil activities and services needed to promote school and preschool success for children in foster care;CommentsClose CommentsPermalink





(7) training for the staff of the State educational agency, the local educational agencies, the State child welfare agency, and the local child welfare agencies, and for children in foster care, such children’s families, and others involved with children in foster care, about--CommentsClose CommentsPermalink





(A) the unique educational needs of children in foster care;CommentsClose CommentsPermalink





(B) the benefits afforded under this title; andCommentsClose CommentsPermalink





(C) other issues that further the purposes of this title; andCommentsClose CommentsPermalink





(8) assisting in funding State-level education coordinators in the State child welfare agency and local education liaisons within the local child welfare agency to be specific points of contact on education issues.CommentsClose CommentsPermalink

SEC. 113. RESPONSIBILITIES OF THE SECRETARY.

(a) Review of State Plans-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Education, in collaboration with the Secretary of Health and Human Services, shall review the plan submitted or resubmitted by a State under section 111(c). If the plan meets the requirements of section 111 and is reasonably calculated to ensure that all children in foster care in the State receive all rights, benefits, and protections required by this title, the Secretary shall approve the plan.CommentsClose CommentsPermalink





(2) DISAPPROVAL-CommentsClose CommentsPermalink





(A) IN GENERAL- If a plan does not meet the requirements described in paragraph (1), the Secretary shall disapprove the plan and provide the State educational agency with specific findings as to what needs to be corrected for approval.CommentsClose CommentsPermalink





(B) REVIEW PROCESS- The Secretary shall promulgate regulations establishing a system by which States whose plans are disapproved can appeal such disapproval.CommentsClose CommentsPermalink





(b) Technical Assistance- The Secretary shall provide--CommentsClose CommentsPermalink





(1) training, support, and technical assistance to a State educational agency receiving a grant to assist the State educational agency in carrying out its responsibilities under this title; andCommentsClose CommentsPermalink





(2) training, support, and technical assistance to a State that has had the State’s plan described in section 111 disapproved.CommentsClose CommentsPermalink





(c) Submission and Distribution- The Secretary shall--CommentsClose CommentsPermalink





(1) require applications for grants under this subtitle to be submitted to the Secretary not later than the expiration of the 60-day period beginning on the date that funds are available for purposes of making such grants; andCommentsClose CommentsPermalink





(2) award such grants not later than the expiration of the 120-day period beginning on such date.CommentsClose CommentsPermalink





(d) Determination by the Secretary- The Secretary, based on the information received from the States and information gathered by the Secretary under this subtitle and under section 101(b)(11), shall determine the extent to which State educational agencies are ensuring that each child in foster care has access to a free, appropriate public education.CommentsClose CommentsPermalink





(e) Information-CommentsClose CommentsPermalink





(1) COORDINATION; ENFORCEMENT- The Secretary shall coordinate and enforce the information collection requirements under this subtitle and section 101(b)(12).CommentsClose CommentsPermalink





(2) DATA COLLECTION AND DISSEMINATION- The Secretary shall--CommentsClose CommentsPermalink





(A) directly or through grants, contracts, or cooperative agreements, periodically collect and disseminate data and information regarding the education of children in foster care; andCommentsClose CommentsPermalink





(B) require each State receiving a grant under this subtitle to annually provide--CommentsClose CommentsPermalink





(i) the information described in section 101(b)(12)(A); andCommentsClose CommentsPermalink





(ii) such other data and information as the Secretary determines to be necessary and relevant to carry out this subtitle.CommentsClose CommentsPermalink





(f) Evaluation and Dissemination- The Secretary shall conduct evaluation and dissemination activities regarding programs designed to meet the educational needs of elementary and secondary school students who are children in foster care.CommentsClose CommentsPermalink





(g) Report- Not later than 4 years after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate a report on the status of the education of children in foster care, which shall include information on--CommentsClose CommentsPermalink





(1) the educational outcomes of children in foster care; andCommentsClose CommentsPermalink





(2) the actions of the Secretary and the effectiveness of the programs supported under this title.CommentsClose CommentsPermalink

SEC. 114. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this subtitle, $150,000,000 for each of the fiscal years 2013 through 2017.CommentsClose CommentsPermalink

TITLE II--SOCIAL SECURITY ACT AMENDMENTSCommentsClose CommentsPermalink

SEC. 201. SOCIAL SECURITY ACT AMENDMENTS.

(a) Educational Stability for Foster Care Children- Section 475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)) is amended--CommentsClose CommentsPermalink





(1) in clause (i), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in clause (ii)--CommentsClose CommentsPermalink





(A) by striking ‘or’ at the end of subclause (I) and inserting ‘and’; andCommentsClose CommentsPermalink





(B) by striking subclause (II) and inserting the following:CommentsClose CommentsPermalink





‘(II) assurances that the State agency has coordinated with the appropriate local educational agency to ensure that the child remains in the school in which the child is enrolled at the time of placement including, when necessary, the State agency arranging for, providing, or paying the cost of the transportation necessary to enable the child to remain in the school;’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(iii) assurances by the State agency and the local educational agencies, if remaining in such school is not in the best interests of the child, to provide immediate and appropriate enrollment in a new school, with all of the educational records provided to the school; andCommentsClose CommentsPermalink





‘(iv) assurances by the State agency and local child welfare agencies that steps have been undertaken to collaborate with the State and local educational agencies to eliminate barriers to the educational stability, school enrollment, and educational success of the child.’.CommentsClose CommentsPermalink





(b) State Plan Requirement- Section 471 of the Social Security Act (42 U.S.C. 671(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (32), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(2) in paragraph (33), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(34) provides that the State agency and local child welfare agencies will collaborate with the State and local educational agencies to collect the data and other information necessary to monitor implementation of the requirements of clauses (ii)(II), (iii), and (iv) of section 475(1)(G) of this Act and the provisions of section 101 of the Fostering Success in Education Act; andCommentsClose CommentsPermalink





‘(35) provides that the State agency and local child welfare agencies have identified staff within the agencies to be the point people with the State and local educational agencies related to educational issues, including the implementation of the requirements of clauses (ii)(II), (iii), and (iv) of 475(1)(G) of this Act, as well as to coordinate with educational agency liaisons and coordinators to implement the provisions of section 101 of the Fostering Success in Education Act.’.CommentsClose CommentsPermalink