Education Stability
Every Student Succeeds Act (ESSA)
On December 10, 2015, President Obama signed into law the Every Student Succeeds Act (ESSA). ESSA reauthorizes the Elementary and Secondary Education Act (ESEA), a 1965 federal law governing education last reauthorized as the No Child Left Behind Act in 2002. Among its provisions, the law now requires states to ensure protections for vulnerable youth in the foster care and juvenile justice systems. These include school stability and transportation, mandatory data reporting, and agency collaboration.
The Every Student Succeeds Act Toolkit, published by the Legal Center in January 2017, contains a series of adaptable tools and resources for states and counties to support the school stability and success of students in foster care. Links to the individual implementation tools from the toolkit appear below.
Additional Resources Accompanying the 2024 Guidance
New Resource from the Legal Center: Highlights from the 2024 Joint Federal Guidance
Coming Soon: Guidance Summary and Highlights from the Legal Center on Foster Care and Education
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Previous Joint Guidance on the Foster Care Provisions of ESSA (2016) - Issued by the U.S. Department of Education and the U.S. Department of Health and Human Services, July 23, 2016. This guidance sends a strong message to schools and districts that the needs of children in foster care must be addressed. The provisions go into effect December 10, 2016. State and local child welfare and education agencies must immediately begin conversations about their shared responsibility to support the school stability and success of students in foster care.
Child Welfare Information Gateway, Education Stability in Foster Care Resources
Dear Colleague Letters to Chief State School Officers and Child Welfare Directors:
Interagency Collaboration (7/23)
Foster Care Guidance (6/16)
Foster Care Timelines (6/16)
U.S. Department of Education letter on foster care provisions (12/16)
U.S. Senate Committee on Health, Education and Labor Press Statement
U.S. Senate letter requesting the joint guidance
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Fostering Connections Act
The Fostering Connections Act is a federal child welfare law that places requirements on child welfare agencies to work with schools to support the education needs of children in foster care. Since its passage in 2008, the Fostering Connections Act has brought much-needed attention to the critical importance of education stability for children in foster care.
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A step-by-step guide to implementing the education provisions of the Fostering Connections Act. The guide should be used in conjunction with the Every Student Succeeds Act Implementation Toolkit. It includes:
Detailed Issue Briefs on All Requirements With State Examples
