Introduction
Students in foster care represent one of the nation’s most vulnerable student groups. In addition to the social-emotional challenges and trauma that students in foster care experience, studies find that students in foster care are much more likely than their peers to struggle academically and fall behind in school. Students in foster care at age 17 are also less likely to graduate from high school, with only 71 percent graduating by age 21 compared to 88 percent among all youth ages 18 to 24. These adverse academic outcomes are often connected to the unique experiences of students in foster care – most notably the high rates of residential and school instability that these students experience while navigating the child welfare system. For example, studies have shown that school changes may be associated with delays in academic progress, leaving highly mobile students potentially more likely to fall behind their less-mobile peers academically. Students experiencing this type of instability, including many students in foster care, are thus more likely to face a variety of academic challenges.
With nearly three-quarters of children in foster care enrolled in elementary and secondary schools, educational agencies and their counterparts in child welfare agencies are uniquely positioned to support students in foster care and to ensure that involvement in the child welfare system does not limit students’ educational opportunities and academic outcomes, a role underscored by Federal law. In December 2015, Congress passed the Every Student Succeeds Act (ESSA), which reauthorized the Elementary and Secondary Education Act of 1965 (ESEA), and, for the first time, included specific requirements addressing the unique needs of students in foster care. These provisions, under Title I, Part A (Title I) of the ESEA, emphasize the importance of collaboration and joint decision making between educational agencies and child welfare agencies to ensure that students in foster care have access to a well-rounded education and the opportunity to achieve at the same level as their peers. These provisions require educational stability for students in foster care by keeping students entering the foster care system—or changing foster placements—enrolled in their school of origin, unless it is determined to be in their best interest to change schools.
These provisions also ensure that, if it is not in their best interest to remain in their schools of origin, students in foster care are enrolled in their new schools without delay. Promoting greater stability for students in foster care is essential so that they can continue their education without disruption, maintain important relationships with peers and adults, and have the opportunity to graduate from high school and achieve college- and career-readiness.
To that end, ED and HHS have frequently collaborated to assist agencies in improving and aligning their policies and programs to better serve students in foster care. In June 2016, following the reauthorization of the ESEA, ED and HHS released joint non-regulatory guidance (2016 guidance) on the implementation of the Title I educational stability provisions. This guidance was developed to guide State educational agencies (SEAs), local educational agencies (LEAs), and child welfare agencies in their collaborative efforts to fully implement the Title I educational stability provisions. Since the 2016 guidance was released, ED and HHS have continued to partner to assist grantees in implementing the Title I educational stability provisions. For example, the 2016 guidance release was followed by a five-part webinar series providing further detail on implementation of the educational stability provisions, and the agencies have continued to collaborate to host webinars about the Title I educational stability provisions. In summer 2020, ED hosted a virtual convening for State foster care points of contact (SEA POCs) to provide technical assistance on issues relating to interagency collaboration, data sharing, and transportation, and this effort was replicated on a larger scale during an in-person convening of points of contact (POCs) from both SEAs and State child welfare agencies in spring 2024. In 2023, ED and HHS issued a Dear Colleague Letter (DCL) and Information Memorandum, respectively, to remind chief State school officers and State child welfare agencies of their obligations to support the educational stability of students in foster care under the ESEA and Title IV, Part E of the Social Security Act (Title IV-E of the SSA). And in 2024, ED hosted POCs from both SEAs and State child welfare agencies to provide technical assistance on issues relating to interagency collaboration, data sharing, and transportation for students in foster care.
Between 2016, when this guidance was first published, and 2024, ED and HHS have developed additional understanding of the unique needs of students in foster care and SEA, LEA, and child welfare agency efforts to improve academic outcomes for these students. With this heightened understanding, ED and HHS have developed this updated non-regulatory guidance to further support the SEAs, LEAs, and child welfare agencies working directly with students in foster care. While the 2016 guidance addressed the basic implementation of the Title I educational stability provisions, this updated guidance answers frequently asked questions from SEA POCs regarding a wide array of implementation topics. It therefore builds on the 2016 guidance and does not alter that policy; rather, it provides guidance on how to strengthen State and local implementation by identifying areas where the foster care stability provisions overlap and intersect with other program requirements to improve support for students in foster care. This updated guidance also strives to address the intersectional identities of students in foster care and identify opportunities for supporting these students through other ED and HHS programs. It is our hope that this guidance provides clarity into not only how educational and child welfare agencies should fully implement the Title I educational stability provisions, but also how these agencies can better serve students in foster care as multifaceted individuals with varied needs.
Students in foster care deserve the same academic opportunities as their peers who are not in foster care. Working together, educational and child welfare agencies can ensure that involvement in the child welfare system does not deprive students of the opportunity to reach their full academic potential. ED and HHS remain committed to supporting practitioners in the implementation of the Title I educational stability provisions and helping students in foster care achieve success in the classroom and beyond.