The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Fostering Connections) promotes education stability for all children in foster care. A May 2014 joint letter from the U.S. Departments of Health and Human Services and Education reinforces the duty of education and child welfare agencies to ensure all children in foster care receive Fostering Connections’ protections. The federal McKinney-Vento Homeless Assistance Act (McKinney-Vento) provides education stability for some children in foster care, especially children “awaiting foster care placement.” Both laws recognize the need for school stability and continuity for highly mobile children, such as youth in foster care.
Many state laws also recognize the importance of improving education opportunities and outcomes for children in care. These laws enhance school stability and success for children in care through different approaches. Some expand the number of children entitled to McKinney-Vento protections by defining which children in care meet the definition of “awaiting foster care placement.” Some states imbed the Fostering Connections and McKinney-Vento requirements relating to school stability and seamless transitions in their state laws. Other states expand upon these federal protections. By understanding federal and state laws affecting the education rights of children in care, advocates can ensure children’s education rights are protected.
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