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The foster care system is regulated by state and federal law, including legislation that implicates the work of child welfare workers, educators, and educational leaders. In 2024, there were close to 330,000 children in foster care (Administration for Children and Families, 2024), and it is critical to engage in proactive efforts to meet their unique socioemotional and educational needs.

Principals play a key role in not only ensuring compliance but also creating a culture and climate that promotes students’ success and well-being. Given the complexities of related laws, this article takes a broad approach to the topic of foster care, focusing on key takeaways from related research and predominant sources of legal authority. We encourage readers to use this article as a catalyst to learn more about the nuances of the law in this area.

The Experiences of Students in Foster Care

Research provides meaningful perspective regarding the lived experiences of youth in foster care. Often, they have experienced significant trauma, which may include abuse and/or neglect. Maltreatment and adverse childhood experiences can have a profound impact on children, which may manifest in behaviors, academic challenges, mental health needs, or other socioemotional considerations (e.g., Morton, 2018).

Compounding foundational trauma, many children experience instability after initial placement in foster care, including changes in foster homes, placement in residential treatment, and repeated removals following reunification (e.g., Finster & Norwalk, 2021). This instability is critically important for educational leaders to consider because mobility can affect students’ sense of belonging, relationships, engagement, and trust (e.g., Johnson et al., 2020). Research shows that students in foster care report a desire to fit in and may conceal their status to combat stigmatization and negative perceptions (Johnson et al., 2020, Townsend et al., 2020). In the face of personal, systemic, and institutional challenges, the lived experiences of youth in foster care exemplify resilience, hope, high aspirations, and a desire to build meaningful relationships (Johnson, 2024).

Stability and Collaboration

In 2015, under the Every Student Succeeds Act (ESSA), which reauthorized the Elementary and Secondary Education Act of 1965 (ESEA), Congress included specific provisions for ensuring educational equity for and addressing the needs of children in foster care. Since that time, the U.S. Department of Education (ED) and the U.S. Department of Health and Human Services (HHS) have released multiple resources that provide practical guidance for implementing the requirements of the law. For example, in 2024, they released a guidance document that addressed legal requirements and best practices for supporting youth in foster care.

Broadly, ESEA emphasizes the importance of collaboration and stability as critical components of ensuring success for children in foster care. While there are circumstances that trigger the requirement that school districts identify a point of contact (POC) for collaboration with the child welfare system (e.g., when a local child welfare agency notifies the district that they have identified a POC), ED and HHS advocate for school districts to proactively identify a POC regardless of the circumstances. Although the law does not mandate particular ways for school districts to work collaboratively with child welfare agencies, federal guidance recommends routinizing cross-agency collaboration, establishing standards for decision-making, and promoting training and technical assistance. (U.S. Departments of Education and Health and Human Services, 2024, p. 14).

To further promote student success, the law emphasizes stability for children entering foster care or experiencing a change in foster placement. Specifically, ESSA prioritizes a child’s school of origin, unless it is in the child’s best interest to attend a different school (U.S. Departments of Education and Health and Human Services, 2024). According to federal guidance, this decision, referred to as a Best Interest Determination (BID), should be made within three business days, when possible, and should include “the student, when appropriate, and other important people in the student’s life with information about the student’s social, emotional, and academic needs”(U.S. Departments of Education and Health and Human Services, 2024, p. 19).

In making this determination, school districts must consider “the appropriateness of the current educational setting” and “the proximity to the school in which the student is enrolled at the time of placement” (ESEA Section 1111(g)(1)(E)(i)). To ensure that the “BID process [is] student-centered and context-specific,” school districts are free to consider other relevant factors, such as the student’s connection to the school of origin and the quality of services and supports (U.S. Departments of Education and Health and Human Services, 2024, p. 17). Transportation costs or administrative burden should not factor into this decision (U.S. Departments of Education and Health and Human Services, 2024, p. 18). The law also requires immediate enrollment for foster children, notwithstanding the availability of standard enrollment documents as well as the expeditious transfer of records (U.S. Departments of Education and Health and Human Services, 2024, p. 26).

Supports and Services

In addition to ESEA, other federal laws may be particularly important to consider when identifying ways to support students in foster care. For example, students may qualify for services under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. While these laws are complex, here we address a couple of issues that may be relevant for students in foster care.

Parental involvement is a key component of IDEA, including consent for initial evaluation and serving as a core member of the IEP team. As a result, one important consideration is how the law defines a parent, particularly for children in foster care. According to ED (2024), “IDEA defines ‘parent’ to include the following persons:

  • A student’s birth or adoptive parent, who is presumed to be the parent under IDEA, unless they do not have legal authority to make educational decisions for the child (34 C.F.R. § 300.30(b)(1));
  • A foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent;
  • A guardian generally authorized to act as the student’s parent or to make educational decisions for the student (but not the State if the student is a dependent of the State);
  • An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the student lives, or an individual who is legally responsible for the student’s welfare; or
  • A surrogate parent who has been appointed in accordance with 34 C.F.R. § 300.519. (20 U.S.C. § 1401(23); 34 C.F.R. § 300.30)” (p.42–3).

ED and HHS recommend working collaboratively with child welfare agencies to ensure that they include appropriate individuals in special education processes and decision-making.

Another requirement seeks to ensure access to and continuity of services. For example, under IDEA, if a student with a disability in foster care transfers to a new school district, the new school district is required to provide a free appropriate public education to the student, including through the provision of services comparable to the IEP from the previous school district. This requirement applies until the new school district decides to adopt the previous IEP or develops a new one (34 C.F.R. § 300.323(e)); U.S. Departments of Education and Health and Human Services, 2024, p. 41).

Conclusion

Students in foster care experience a convergence of systems, including the child welfare system and the educational system. As such, across-system collaboration is imperative. Moreover, it is critically important for schools to adopt a trauma-sensitive, asset-based, and culturally responsive approach when supporting students navigating the foster care system (e.g., Gherardi et al, 2020). As educational leaders, principals can promote policies and practices that nurture students’ sense of belonging, stability, achievement, and overall well-being.

Maria M. Lewis, JD, PhD, is an associate professor of education at Pennsylvania State University. She teaches courses on education law and leadership for equity, diversity, and inclusion. Juanita L. Davis, JD, is a former special education and general education teacher. She is a strategic consultant for organizations and leaders on issues of diversity, equity, inclusion, and belonging as they intersect with law, education, and gender-based violence.

References

Administration for Children and Families. (2024). The adoption and foster care analysis and reporting system. https://tableau-public.acf.gov/views/afcars_dashboard_main_page/mainpage?%3Aembed=y&%3AisGuestRedirectFromVizportal=y

Finster, H. P., & Norwalk, K. E. (2021). Characteristics, experiences, and mental health of children who re-enter foster care. Children and Youth Services Review, 129, 106165. doi.org/10.1016/j.childyouth.2021.106165

Gherardi, S. A., Flinn, R. E., & Jaure, V. B. (2020). Trauma-sensitive schools and social justice: A critical analysis. The Urban Review, 52(3), 482–504. doi.org/10.1007/s11256-020-00553-3

Johnson, R. M. (2024). From foster care to college: Navigating educational challenges and creating possibilities. Teachers College Press.

Johnson, R. M., Strayhorn, T. L., & Parler, B. (2020). “I just want to be a regular kid:” A qualitative study of sense of belonging among high school youth in foster care. Children and Youth Services Review, 111, 104832. doi.org/10.1016/j.childyouth.2020.104832

Morton, B. M. (2018). The grip of trauma: How trauma disrupts the academic aspirations of foster youth. Child Abuse Neglect, 75, 73–81. doi: 10.1016/j.chiabu.2017.04.021

Townsend, I. M., Berger, E. P., & Reupert, A. E. (2020). Systematic review of the educational experiences of children in care: Children’s perspectives. Children and Youth Services Review, 111, 104835.

U.S. Department of Education and U.S. Department of Health and Human Services. (2024). Ensuring educational stability and success for students in foster care. ed.gov/media/document/non-regulatory-guidance-ensuring-educational-stability-and-success-students-foster-care-november-15-2024-108448.pdf