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Legal Foundations for Foster Care and Student Success

A strong legal foundation is essential to advancing the educational success of students in foster care. Numerous federal and state laws are in place to protect the rights of these students and ensure they receive equitable educational opportunities. Understanding these laws, and knowing how to apply them in practice, is critical for compliance and for creating supportive learning environments.

Below, you’ll find key legal references, helpful links, and chapter-specific guidance from the Foster Care and Student Success Guide (PDF) to support local training and implementation efforts. School systems, school boards, and district administrators are encouraged to review this information to ensure that local policies align with legal requirements and to promote greater awareness among school staff.

Overview of Federal Laws Supporting the Education of Students in Foster Care

Students in foster care face unique educational challenges, including frequent school changes, disrupted learning, and limited access to consistent support. To address these barriers, several federal laws have been enacted to promote educational stability, ensure timely enrollment, and support academic success for this vulnerable population.

Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351)

The Fostering Connections to Success and Increasing Adoptions Act of 2008 marked a pivotal moment in federal child welfare policy by formally recognizing the critical link between school stability and the well-being of children in foster care. This law requires state child welfare agencies to collaborate closely with state and school systems to promote educational continuity and improve academic outcomes for students in foster care. Reference Chapter 1 of Foster Care and Student Success Guide.

Key Education Provisions Include:

  • School Stability as a Priority: The law emphasizes the importance of keeping children in foster care in their school of origin whenever possible, minimizing educational disruptions caused by changes in living placements.

  • Cross-System Coordination: It mandates coordination between child welfare agencies and education agencies at both the state and local levels to ensure that educational needs are considered in placement decisions.

  • Best Interest Determinations: Placement decisions must take into account the appropriateness of the child’s current educational setting and the proximity to their school of origin. If remaining in the same school is not in the child’s best interest, agencies must ensure immediate and appropriate enrollment in a new school.

  • Timely Records Transfer: When a school change is necessary, child welfare and education agencies must work together to ensure that all relevant educational records are promptly transferred to the new school.

  • Joint Federal Guidance: In 2014, the U.S. Departments of Education and Health and Human Services issued a joint letter to Chief State School Officers and Child Welfare Directors, reinforcing the importance of implementing the law’s provisions and offering practical guidance on promoting school stability

To support the implementation of the Fostering Connections to Success and Increasing Adoptions Act, the U.S. Departments of Education (ED) and Health and Human Services (HHS) issued a joint letter on May 30, 2014, addressed to Chief State School Officers and Child Welfare Directors. This guidance underscores the importance of school stability for students in foster care and outlines actionable steps for education and child welfare agencies to collaborate effectively. We encourage districts and education partners to review and share this important guidance across their networks to reinforce best practices and ensure compliance with federal expectations. You can access the letter and related resources through the U.S. Department of Education’s Birth to Grade 12 Policy Documents page.

Family Educational Rights and Privacy Act (FERPA) & the Uninterrupted Scholars Act

The Uninterrupted Scholars Act, signed into law in January 2013, amended the Family Educational Rights and Privacy Act (FERPA) to improve educational outcomes for students in foster care by facilitating better information sharing between schools and child welfare agencies. Under this amendment, educational agencies and institutions are permitted to disclose a student’s education records—without parental consent—to:

  • Caseworkers or representatives of a state or local child welfare agency or tribal organization that is legally responsible for the care and protection of the student.
  • Individuals identified in a court order, such as the student’s caregiver, attorney ad litem, or Court Appointed Special Advocate (CASA).

Additionally, the law allows for the disclosure of education records pursuant to a judicial order without requiring additional notice to the parent, provided the parent has already been notified through the court process. These provisions also extend to the confidentiality requirements under the Individuals with Disabilities Education Act (IDEA). School staff must continue to follow FERPA regulations when handling and releasing student information, ensuring that disclosures are made only under the conditions permitted by law. Reference Chapter 9 of Foster Care and Student Success Guide.

We encourage education leaders and staff to review and distribute the May 2014 Joint Letter and FAQ from the U.S. Department of Education. This guidance provides important clarification on the amendments to the Family Educational Rights and Privacy Act (FERPA) under the Uninterrupted Scholars Act (USA) and outlines how schools can lawfully share education records with child welfare agencies to better support students in foster care.

Nutrition Assistance for Students in Foster Care

Children and youth in foster care are categorically eligible for all U.S. Department of Agriculture (USDA) child nutrition programs, including the National School Lunch Program (NSLP), School Breakfast Program, and Special Milk Program. This eligibility is granted under the Healthy, Hunger-Free Kids Act of 2010, which amended the Richard B. Russell National School Lunch Act to ensure that foster children receive free meals without the need for a household income application. Reference Chapter 10 of Foster Care and Student Success Guide.

Key Points:

  • No Application Required: Caregivers do not need to complete a separate application for foster children to receive free meals. Eligibility is automatic once the child’s foster care status is verified by the appropriate agency.
  • Household Status: Foster children are considered a “household of one,” and their eligibility does not extend to other children in the same household unless they also qualify.
  • State-Level Guidance: In Texas, the Texas Department of Agriculture’s NSLP Handbook: Administrators Reference Manual (ARM) provides detailed guidance on eligibility and program administration. Relevant sections include:
    • Special Milk Programs: Sections 27.24 and 27.33
    • Eligibility Determination: Section 4.13, 4.15, 4.42, and 4.60

Helpful Resources:

Additional U.S. Department of Education Resources on Foster Care and Education

The U.S. Department of Education (ED) offers a wide range of resources to support educators, administrators, and child welfare professionals in improving educational outcomes for students in foster care. These materials provide guidance on legal compliance, best practices, and interagency collaboration.

Key Resources:

  • Students in Foster Care – ED Resource Hub: A central page offering guidance, legislation, data, and tools to support the educational stability and success of students in foster care.

  • Foster Care Education Guidance Announcement: Includes updates, webinars, and implementation tools related to Title I, Part A provisions under ESSA, and interagency collaboration.

  • Joint Letter on the Uninterrupted Scholars Act (April 2013): Clarifies how FERPA amendments under the Uninterrupted Scholars Act support appropriate data sharing between schools and child welfare agencies (also referenced in Chapter 9 of the Texas Foster Care & Student Success Resource Guide).

  • Guidance on IDEA and Highly Mobile Students (July 2013): A Dear Colleague Letter emphasizing the rights of highly mobile students, including those in foster care, to receive timely and appropriate special education services.

  • Foster Care Transition Toolkit: A comprehensive guide to help current and former foster youth navigate the transition to adulthood, including college and career planning, financial aid, and life skills.

  • Understanding the FAFSA: Determining Independent Status: Guidance on how foster youth may qualify as independent students for federal financial aid purposes, simplifying access to higher education.

Key Texas Education Code Provisions for Students in Foster Care

Texas law includes a number of important provisions designed to support the educational success of students in foster care. These statutes address critical areas such as school enrollment, stability, graduation planning, and access to services. Understanding these laws helps ensure that schools and child welfare partners are equipped to meet the unique needs of these students. Chapters referenced below correspond to information that can be located in the Foster Care and Student Success Guide. Below is a summary of key sections of the Texas Education Code (TEC) that provide legal guidance and support for educators, administrators, and advocates:

  • Immediate Enrollment Without Records: TEC §25.002(g) – Ensures students in foster care can enroll immediately, even without typical documentation. (Chapter 7)

  • School of Origin Attendance: TEC §25.001(g) – Allows students to remain in their school of origin after entering conservatorship, even if placed outside the district, until completing the highest grade offered. (Chapter 8)

  • Transition Assistance: TEC §25.007 – Requires districts to support smooth transitions between schools, including timely records transfer, credit recognition, and coordination with DFPS. (Chapter 11)

  • Excused Absences for Court-Ordered Appointments: TEC §25.087 – Permits excused absences for court-related activities. (Chapter 10)

  • Graduation Flexibility for Transfer Students: TEC §28.025 – Allows eligible 11th or 12th grade transfer students to graduate from their previous district if they were on track. (Chapter 9)

  • Accelerated Instruction and At-Risk Identification: TEC §29.081(d)(11) – Identifies students in foster care as at-risk, qualifying them for targeted academic interventions. (Chapter 6; Chapter 11)

  • Free Pre-K Eligibility: TEC §29.153(b)(6) – Automatically qualifies foster children for free prekindergarten programs. (Chapter 10)

  • College Tuition and Fee Waiver: TEC §54.366 – Provides a lifetime tuition and fee waiver for eligible foster youth, activated upon enrollment in dual credit or college-credit courses. (Chapter 13)

  • PEIMS Data Collection and Sharing: TEC §7.029 – Requires the collection and reporting of foster care student data in PEIMS. (Chapter 1; Chapter 5)

  • Foster Care Liaison Requirement: TEC §33.904 – Mandates that each district and charter school appoint a Foster Care Liaison and report the appointment to TEA. (Chapter 5)

Texas Education Code (TEC) §25.007 outlines a comprehensive set of requirements to ensure that students in foster care experience smooth and supportive transitions when changing schools. School Systems play a critical role in implementing these mandates and should consider adapting these practices to support other highly mobile student populations as well. For detailed guidance, refer to Chapter 11 of Texas Foster Care and Student Success Guide.

Key Provisions of TEC §25.007

  1. Timely Records Transfer: Transfer student records within 10 working days of enrollment. [Subsection (b)(1)]

  2. Two-Week Transition Support: Develop practices to ease the student’s transition during the first two weeks at a new school. [Subsection (b)(2)]

  3. Credit and Partial Credit Awarding: Award full or partial credit for coursework completed at the previous school, including electives. [Subsection (b)(3)]

  4. Access to Programs and Services: Facilitate access to extracurricular activities, summer programs, tutoring, and online courses at nominal or no cost. [Subsection (b)(4)]

  5. Minimize Adverse Impact: Establish procedures to reduce the negative effects of school transitions. [Subsection (b)(5)]

  6. Information Sharing with DFPS: Enter into a Memorandum of Understanding (MOU) with DFPS to support appropriate information exchange. [Subsection (b)(6)]

  7. Post-Secondary Support: Provide assistance with college admissions and financial aid applications. [Subsection (b)(7)]

  8. Special Education Referrals: Accept referrals for special education services made by the student’s previous school. [Subsection (b)(8)]

  9. Notification of Significant Education Events: Notify the student’s educational decision-maker and caseworker of events that may significantly impact the student’s education, including: [Subsection (b)(9)]

    • Requests or referrals for Special education or Section 504 evaluations
    • Admission, review, and dismissal (ARD) committee meetings
    • Manifestation determination reviews required by Section 37.004 (b);
    • Disciplinary actions under Chapter 37 requiring parental notice
    • Class C misdemeanor citations
    • Restraint reports required by Section 37.0021
      Note: Corporal punishment is not permitted for students in foster care.

  10. Course Completion Opportunities: Allow students in substitute care to complete graduation-required courses at no cost before the next school year begins. [Subsection (b)(10)]

  11. Graduation Planning: Review Personal Graduation Plans and credit accrual for students unlikely to graduate within five years of entering grade 9. [Subsection (b)(11)]

  12. College and Career Readiness: Ensure that 11th and 12th grade students in DFPS conservatorship receive information about: [Subsection (b)(12)]

    • Tuition and fee waivers
    • Dual credit opportunities
    • Other college credit programs

Requirement for all students in DFPS Managing Conservatorship to present an Education Decision-Maker 2085 (E-2085) form at enrollment in accordance with Family Code §263.004. This clarifies for schools who the education decision-maker and caseworker are for each student. If a student does not have this form at enrollment, request it from the caregiver. The form includes the contact information for the education decision-maker and caseworker.
 

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