Education of Children in Foster Care
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In December 2015, Congress passed the Every Student Succeeds Act (ESSA), which reauthorized the Elementary and Secondary Education Act of 1965 (ESEA), and is an education law creating provisions for children in foster care. These provisions, which take effect on December 10, 2016, complement those in the Fostering Connections Act and require SEAs and LEAs to work with child welfare agencies to ensure the educational stability of children in foster care.
Federal Law and Iowa Code
Federal Law – Health & Human Services
Fostering Connections to Success and Increasing Adoptions Act of 2008 (Fostering Connections Act) - Improving Outcomes for Children in Foster Care (PL 110-351/HR 6893). This is the text in its entirety, to view the educational stability portion, refer to Title II--Section 204 Educational Stability.
Federal Law – Education
Every Student Succeeds Act (ESSA) 2015 (PL 114-95) – This version contains the text in its entirety.
In 2009, the Iowa Code was updated to include specific areas to address educational responsibilities of districts in educating children and youth in foster/out-of-home care.
The following links access specific sections of the Iowa Code pertaining to districts compliance with Foster Connections Legislation:
- Iowa Code section 280.29 – Enrollment of children adjudicated or in foster care – transfer of educational records – services
- Iowa Code section 282.19 – Child living in substance abuse for foster care placement
- Iowa Code section 282.27 – Children living in psychiatric hospitals or institutions - payment
- Iowa Code section 282.29 – Children placed by district court
- Iowa Code section 282.30 – Special programs
- Iowa Code section 282.31 – Funding for special programs
- Iowa Code section 282.33 – Funding for children residing in state mental health institutions
Decision-Making for Children with Disabilities in Foster Care – This document, jointly issued by the Iowa Department of Education and the Iowa Department of Human Services, explains who may act as a parent, for purposes of the Individuals with Disabilities Education Act (IDEA), for children who are in foster care. It clarifies the role of established parents, foster parents, guardians, DHS employees, and surrogate parents.
Every Student Succeeds Act
On June 23, 2016, the U.S. Department of Education and the U.S. Department of Health and Human Services released joint guidance to states, school districts and child welfare agencies on the new provisions in the Every Student Succeeds Act (ESSA) for supporting children/youth in foster care. The guidance aims to assist state and local partners in understanding and implementing the new law, and to inform state and local collaboration between educational and child welfare agencies across the nation for the well-being of children in foster care.
- Foster Care Non-Regulatory Guidance (June 23, 2016)
- Dear Colleague Letter on Foster Care Guidance (June 23, 2016)
- Dear Colleague Letter on Foster Care Timelines (June 23, 2016)
Guidance for Iowa School Districts
Best Interest Determination Form (2017-08-23)
ESSA Foster Care Manual - Iowa Guidance (2018-08-23)
ESSA Foster Care Overview (webcast) (2017-03-01)
ESSA DHS/LEA MOU (2018-08-23)
DE Letter to the Field (2018-10-01)
POC Flowchart (2017-02-15)
Point of Contact Overview (2017-02-15)
Transportation Matrix (2017-02-15)
What DHS Workers Need to Know About ESSA (2017-02-15)
LEA POCs can also access the Foster Care Google Folder
- ED and HHS Letter to Chief State School Officers and Child Welfare Directors on Implementing the Fostering Connections Act (2014-05-30)
- Letter to States Letter to Chief State School Officers and State Child Welfare Directors on the Fostering Connections Act (2011-08-25)
- Meeting the Needs of Students in the Child Welfare System - Teachers
- Meeting the Needs of Students in the Child Welfare System - Administrators
Information/Data Sharing (FERPA, USA)
- Letter to Chief State School Officers on Guidance on the Amendments to the Family Educational Rights and Privacy Act by the Uninterrupted Scholars Act (2014-05-27)
- Letter to Chief State School Officers and State Child Welfare Directors on the Uninterrupted Scholars Act (2013-05-24)
- Uninterrupted Scholars Act (U.S.A.) (January 2013)
- Guidance on IDEA and Highly Mobile Students (2013-07-19)
- Positive Behavior Interventions and Supports (PBIS) Center
- National Secondary Transition Technical Assistance Center (NSTTAC)
- National Dropout Prevention Center for Students with Disabilities
- Center for Parent Information and Resource
Supportive School Discipline & Prevention Efforts
- Supportive School Discipline Guidance
- Safe & Supportive Learning Environments - Training Toolkits (2014)
The Legal Center FCE serves as a national technical assistance resource and information clearinghouse on legal and policy matters affecting the education of children in the foster care system. The Legal Center FCE provides expertise to states and constituents, facilitates networking to advance promising practices and reforms, and provides technical assistance and training to respond to the ever-growing demands for legal support and guidance.
A youth-driven, statewide group that seeks to unleash the full potential for personal growth among foster and adoptive children in Iowa. AMP offers leadership opportunities, service learning projects, speaking opportunities, and educational/vocational assistance. AMP also provides the life skills youth need to become self-sufficient, independent adults. The Department of Human Services partners with Youth and Shelter Services, in Ames, IA to support AMP local councils across Iowa.
Education Law Center
The Education Law Center of Pennsylvania has developed a set of tools to help educators and administrators understand the issues of students with disabilities who are also in the foster care system, and to identify simple interventions that can make a difference helping youth in care succeed in school. These tools are supported by a grant from the Pennsylvania Developmental Disabilities Council.
Foster Care Toolkit for Youth
This toolkit includes tips and resources intended to help foster youth access and navigate social, emotional, and educational skills barriers as they transition into adulthood.
Iowa Children's Justice Initiative
Dedicated to improving the lives and future prospects of children who pass through Iowa's dependency courts.
Funding – Foster Care Claims
General Education Foster Care Claim
School districts may submit a claim to request additional funding for regular education students living in foster care homes or facilities who are enrolled in the district and are only in the district because of their foster care placement. The claim is a data collection located in the Iowa Education Portal. The Foster Care Claim application is located in the Iowa Education Portal. The claim is generated from the fall and spring Student Reporting in Iowa collection (SRI) submissions. The claim must be certified each year by August 1. For more information about the foster care claim process, for regular education students, contact Carla Schimelfenig at 515-242-5612.
Special Education Foster Care Claim
Special education foster care claims are submitted through the Tuition-In Billing application located in the Iowa Education Portal.
Claims for students whose parental rights have not been terminated must be submitted to the student’s resident district by July 15. Claims for students whose parental rights have been terminated must be submitted to the state for reimbursement by August 1. For assistance with the foster care claim process for special education students, contact Bill Roederer at 515-281-7972.