Federal Guidance Unveiled to Improve School Success for Foster Youth

Juvenile Law Center,

For over 40 years Juvenile Law Center has fought to protect the rights and well-being of children in foster care, and today, we are pleased to announce a major national breakthrough – a new joint guidance from the U.S. Departments of Education and Health and Human Services about implementation of the foster care school stability provisions of the Every Student Succeeds Act (ESSA).

The ESSA was the first major overhaul of federal education law in over a decade. Among many new provisions, the law now requires states to ensure certain protections for vulnerable youth in the foster care and juvenile justice systems. The joint federal guidance released today sends a strong message to schools and districts across the country that they must identify and address the unique needs of children in foster care.

“Youth in foster care are currently set up for failure in our education system,” said Katherine Burdick, Staff Attorney at Juvenile Law Center. “They are often subjected to multiple school changes – every time their foster placement changes. Compounding the problem, records are often delayed, lost or not accepted causing kids to repeat grades or courses. This guidance, which implements the strong statutory provisions, takes aim at correcting those problems.”

The sheer numbers of agencies and systems involved with foster youth (including more than 14 thousand school districts and hundreds of children and youth agencies nationwide) makes it clear that a consistent and coordinated approach is needed. Because these provisions go into effect December 10, 2016, it is imperative that state and local child welfare and education agencies immediately begin working together to develop plans for implementation.

The Legal Center for Foster Care and Education – a collaboration of Juvenile Law Center, American Bar Association Center on Children and the Law, and Education Law Center – stands ready to assist stakeholders in understanding the guidance and new law. For more information, visit fostercareandeducation.org.

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