Sec. 1501. Educational stability of children in foster care
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/bill/113/s/1094/is/section-1501A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part E of title I ( 20 U.S.C. 6491 et seq. ) is amended to read as follows: Each State educational agency receiving assistance under part A shall collaborate with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. , 670 et seq.) to develop and implement a plan to ensure that the following occurs, for each child in the State, when the child moves to a new school attendance area as a result of being placed in foster care (as described in section 1502(1)), changing foster care placements, or leaving foster care:
The child enrolls or remains in the child’s school of origin, unless a determination is made that it is in the child’s best interest to attend a different school. A child who leaves foster care shall only be entitled to remain in the child's school of origin for the remainder of the school year. When a determination is made regarding the school that it is in the best interest of a child in foster care to attend, the child shall be immediately enrolled in such school, even if the child is unable to produce records normally required for enrollment, such as previous academic records, immunization and medical records, a birth certificate, guardianship records, proof of residency, or other documentation.
Any records ordinarily kept by a school, including records of immunizations, health screenings, and other required health records, academic records, birth certificates, evaluations for special services or programs, and any individualized education programs (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)), regarding a child in foster care shall be— maintained so that the records involved are available, in a timely fashion, when a child in foster care enters a new school; and immediately transferred to the enrolling school, even if the child owes fees or fines or was not withdrawn from previous schools in conformance with local withdrawal procedures.
Each State educational agency receiving assistance under part A shall ensure that the plan described in paragraph
(1)is implemented by the local educational agencies in the State. Each State that receives assistance under part A shall have policies for ensuring that— 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; a child in foster care is afforded opportunities to recover school credits lost due to placement instability while in foster care; and a child in foster care who has changed secondary schools can receive a secondary school diploma either from one of the schools in which the child was enrolled or through a State-issued secondary school diploma system, consistent with State graduation requirements. Not later than 1 year after the date of enactment of the Strengthening America’s Schools Act of 2013 , the State educational agency shall enter into an agreement with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act to ensure that children in foster care, and children leaving foster care, who are attending their schools of origin receive transportation to and from those schools, in accordance with subsection (a)(1) and with section 475(1)(G) of the Social Security Act ( 42 U.S.C. 675(1)(G) ). The agreement shall include a description of the following: How foster care maintenance payments will be used to help fund the transportation of children in foster care to their schools of origin. How children who leave foster care will receive transportation to maintain their enrollment in their schools of origin for the remainder of the academic year, if remaining in their schools of origin is in their best interests. A State that receives assistance under part A shall ensure that each local educational agency in the State designates an individual employed by the agency to serve as a point of contact for the child welfare agencies responsible for children in foster care enrolled in the local educational agency and to oversee the implementation of the local educational agency requirements under this section. A local educational agency's point of contact shall not be the individual designated as its local educational agency liaison under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, unless such individual has the capacity, resources, and time to perform both roles. Each State educational agency receiving assistance under part A shall designate an individual to serve as a point of contact for child welfare agencies and to oversee the implementation of the State educational agency requirements under this section. A State educational agency's point of contact shall not be the individual designated as the State's Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act, unless such individual has the capacity, resources, and time to perform both roles. In this part: The term child in foster care means a child whose care and placement is the responsibility of the 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. The term school attendance area has the meaning given the term in section 1113(a)(2). The term school of origin means, with respect to a child in foster care, any of the following: The public school in which the child was enrolled prior to entry into foster care. The public school in which the child is enrolled when a change in foster care placement occurs. The public 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) ), if such child was eligible for assistance under such Act before the child became a child in foster care. . Not later than 90 days after the date of enactment of this Act, the Secretary, in collaboration with the Secretary of Health and Human Services, is directed to issue guidance on the implementation of part E of title I of the Elementary and Secondary Education Act of 1965, including how State and local agencies will work together to ensure that transportation for children in foster care is provided to the school of origin.
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Sec. 1501
Educational stability of children in foster care
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