< Back to H.R. 5817 (111th Congress, 2009–2010)

Text of the Fostering Success in Education Act

This bill was introduced on July 22, 2010, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 22, 2010 (Introduced).

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I

111th CONGRESS

2d Session

H. R. 5817

IN THE HOUSE OF REPRESENTATIVES

July 22, 2010

introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide children in foster care with school stability and equal access to educational opportunities.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Fostering Success in Education Act.

(b)

Table of contents

The table of contents for this Act is the following:

Sec. 1. Short title; table of contents.

Sec. 2. Findings; sense of Congress.

Sec. 3. Purpose.

Sec. 4. Definitions.

Sec. 5. Regulations.

Sec. 6. Effective date.

TITLE I—Educational rights for children in foster care

Subtitle A—Required educational rights, protections, and services for children in foster care

Sec. 101. Required educational rights, protections, and services for children in foster care.

Sec. 102. Remedies; rule of construction.

Sec. 103. Conforming amendments.

Subtitle B—State foster care and education plan grants

Sec. 111. State foster care and education plan requirements and grants.

Sec. 112. Subgrants.

Sec. 113. Responsibilities of the Secretary.

Sec. 114. Authorization of appropriations.

TITLE II—Social Security Act amendments

Sec. 201. Social Security Act amendments.

2.

Findings; sense of Congress

(a)

Findings

Congress makes the following findings:

(1)

Educational success is vital to every young person’s well-being, successful transition to adulthood, and economic stability.

(2)

At the end of fiscal year 2007, approximately 500,000 children were in foster care in the United States, with nearly 800,000 children having spent at least some time in foster care in the United States during the year.

(3)

Numerous studies have demonstrated that children in foster care fall behind the general student population with respect to test scores, graduation rates, and successful transitions to postsecondary education.

(4)

Only one-third of high school students in foster care graduate on time and only 3 percent of such students graduate from college.

(5)

On average, children in foster care move to new foster care placements 2 times per year, and often change schools when they move.

(6)

Studies indicate that with each school move, children, on average, fall 4 to 6 months behind their classmates. Because foster children often change schools multiple times, it is difficult for them to make significant educational progress.

(7)

Children in foster care are frequently denied the ability to remain in the same school as a result of changes in their living situations.

(8)

In addition, children in foster care who are required to change schools are frequently denied immediate enrollment in a new school, which results in detrimental disruptions to their education.

(9)

Moreover, the enrolling school frequently does not have access to the child’s complete and accurate education records, which often results in the child’s placement in inappropriate classes and educational settings.

(10)

When foster children change schools, they often have difficulties transferring credits from previous schools and meeting the new set of graduation requirements in their new school.

(11)

In 2008, Congress enacted the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110–351), which requires, among other things, child welfare agencies to ensure that a child in foster care remains in the same school after moving to a new placement or, when remaining in the same school is not in the child's best interest, is enrolled in a new school immediately, and that the child's education records are transferred promptly. While the Fostering Connections to Success and Increasing Adoptions Act of 2008 requires child welfare agencies to coordinate with local educational agencies, the local educational agencies must play a critical role in the process. Otherwise, the education provisions of the Act cannot be fully implemented.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

in order to successfully meet the needs of the 500,000 children in foster care in the United States, State educational agencies, local educational agencies, State child welfare agencies, and local child welfare agencies must work together at the Federal, State, and local level to—

(A)

address the unique needs of this population; and

(B)

ensure school stability, immediate enrollment, and access to appropriate services; and

(2)

such efforts will significantly increase the secondary school graduation rates and improve educational outcomes for children in foster care.

3.

Purpose

The purpose of this Act is to ensure that the educational needs of children in foster care are addressed in a seamless and complete manner by—

(1)

requiring the State educational agency of a recipient State to work together with the State child welfare agency to ensure that the educational needs of each child in foster care in the State are being met;

(2)

requiring local child welfare agencies and local educational agencies of a recipient State to work together to ensure that the educational needs of each child in foster care in the State are being met;

(3)

ensuring that issues related to stability in education, school attendance, and the proper handling of information, including education records and health records, are coordinated between schools and child welfare agencies; and

(4)

ensuring that a coordinated process is utilized to address the best interest and needs of the child with regard to school placements, school attendance, access to appropriate education services, and required supports, including the provision of transportation services to ensure school stability.

4.

Definitions

In this Act:

(1)

Child in foster care

The term child in foster care means a child whose care and placement is the responsibility of the State or Tribal agency that administers a State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq.; 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of the Social Security Act (42 U.S.C. 672) on behalf of the child.

(2)

Court representative

The term court representative means an individual appointed by a court to represent a child in a juvenile court dependency proceeding.

(3)

Education decisionmaker

The term education decisionmaker means—

(A)

a parent of a child in foster care; or

(B)

a person identified by the dependency court to make education decisions for a child in foster care who is someone other than the child's parent.

(4)

Education records

The term education records means documents and other materials relating to a child’s enrollment and education, including transcripts, reports, plans, evaluations, and assessments maintained by a local educational agency.

(5)

Elementary school

The term elementary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(6)

Enrollment

The term enrollment means attending classes in a public preschool program, an elementary school, or secondary school and participating fully in the activities of such school or program.

(7)

Local child welfare agency

The term local child welfare agency means, with respect to a child in foster care, the public agency in the local political subdivision where the child resides, or the Indian tribe or tribal organization, that is responsible for the placement and care of the child.

(8)

Local educational agency

The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(9)

Parent

The term parent means a biological or adoptive parent or a legal guardian of a child, as determined under applicable State law.

(10)

Placement

The term placement means the current or proposed living situation for a child in foster care, which can include a group home or other congregate care setting.

(11)

Public agency

The term public agency means any State or local government entity.

(12)

Public preschool program

The term public preschool program means a preschool program funded, administered, or overseen by a State educational agency, local educational agency, or other State agency.

(13)

Recipient State

The term recipient State means a State that receives funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).

(14)

School of origin

The term school of origin means, with respect to a child in foster care, any of the following:

(A)

The school in which the child was enrolled prior to entry into foster care.

(B)

The school in which the child is enrolled when a change in foster care placement occurs or is proposed.

(C)

The school the child attended when last permanently housed, as such term is used in section 722(g)(3)(G) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(3)(G)).

(15)

School attendance area

The term school attendance area has the meaning given the term in section 1113(a)(2)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(2)(A)).

(16)

School selection decision

The term school selection decision means a school selection decision as described in section 101(b)(4).

(17)

Secondary school

The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.).

(18)

Secretary

The term Secretary means the Secretary of Education.

(19)

Special education and related services

The terms special education and related services have the meaning given such terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).

(20)

State

The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(21)

State child welfare agency

The term State child welfare agency means the State agency responsible for administering the programs authorized under subpart 1 of part B and part E of title IV of the Social Security Act (42 U.S.C. 621 et seq.; 670 et seq.).

(22)

State educational agency

The term State educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

5.

Regulations

Not later than 60 days after the date of enactment of this Act, the Secretary shall develop, issue, and publish in the Federal Register a notice of proposed rulemaking to implement the provisions of this title. The issuance, amendment, and repeal of any regulations promulgated under this title shall comply with section 553 of title 5, United States Code.

6.

Effective date

Except as otherwise provided, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act, except that subtitle A, and the amendments made by such subtitle, shall apply with respect to recipient States that receive funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) on or after the date of enactment of this Act.

I

Educational rights for children in foster care

A

Required educational rights, protections, and services for children in foster care

101.

Required educational rights, protections, and services for children in foster care

(a)

Rights of children in foster care

Each recipient State shall ensure that each child in foster care in the State has the following rights:

(1)

School attendance

(A)

School of origin

A child in foster care shall have the right to enroll in, or continue to enroll in, any of the child's schools of origin when the child is placed in foster care and during all subsequent changes in placement (including when the child returns home, as required under subparagraph (B)), unless it is determined through the school selection decision process that it is in the child’s best interest to be immediately enrolled in a different school.

(B)

School upon permanent placement

In the case of a child in foster care for whom the child welfare case is closed as a result of the child returning home or achieving another permanency outcome during a school year—

(i)

the child shall be entitled to complete the school year in the school that the child is attending unless the entity making the school selection decision determines that a change in schools is in the child's best interest; and

(ii)

necessary transportation to the current school shall be arranged and funded by the local educational agency in which the current school is located.

(2)

Treatment as resident

A child in foster care who remains in a school of origin shall be treated by the local educational agency serving such school as if the child resides in the school district and is entitled to all school privileges.

(3)

Immediate enrollment

If it is determined through the school selection process that it is not in the best interest of a child in foster care to attend a school of origin, or if a school selection decision is not sought for the child, the child shall have the right to be immediately enrolled in a new school in the child's school attendance area, regardless of the status of records normally required for enrollment such as previous academic records, medical or immunization records, proof of residency, or other documentation or requirements.

(4)

Records

(A)

In general

The education records of a child in foster care shall be—

(i)

maintained so that the records are available, in a timely fashion, when a child enters a new school or school district;

(ii)

immediately sent to the enrolling school as complete as possible, even if the student owes fees or fines or was not withdrawn from the previous school in conformance with local withdrawal procedures; and

(iii)

maintained in a manner consistent with section 444 of the General Education Provisions Act (commonly referred to as the Family (20 U.S.C. 1232g).

(B)

Records for academic decisions

The education records needed for academic placement decisions and decisions regarding the transfer of school course credits for a child in foster care shall be released immediately to an enrolling school by facsimile or other available electronic means.

(5)

Equal access

Each child in foster care shall have equal access to the same education and opportunities as other students attending the school or school district, including—

(A)

having the same opportunities, access, and services needed to meet the challenging State student academic achievement standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)) that are provided to other students;

(B)

receiving educational services and transportation services that are comparable to the services offered other children in the child's school;

(C)

having—

(i)

equal access to the full range of educational offerings, including—

(I)

services under title I of such Act (20 U.S.C. 6311 et seq.);

(II)

publicly funded early childhood programs and public preschool programs;

(III)

Early Head Start or Head Start programs under the Head Start Act (42 U.S.C. 9801 et seq.);

(IV)

public charter and magnet schools;

(V)

Advanced Placement courses and dual enrollment higher education courses;

(VI)

career and technical education programs;

(VII)

summer school; and

(VIII)

extracurricular activities; and

(ii)

as appropriate, prioritization in the educational offerings described in clause (i) in accordance with Federal and State law;

(D)

being integrated with other students in all schools or programs within a school that are operated, licensed, or funded by a public entity;

(E)

attending the elementary school or secondary school that serves the child's school attendance area unless—

(i)

the student has an individualized education program under section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414) requiring placement in an alternative setting, in another public school in the same or another local educational agency, or in a private school;

(ii)

it is in the child's best interest to enroll in a school of origin that is not the school that serves the child's school attendance area, based on the school selection decision for the child; or

(iii)

the education decisionmaker consents to another appropriate school placement.

(6)

Transportation

(A)

In general

A child in foster care shall be provided with free transportation to and from the child's school of origin or other school in which the child is enrolled, in accordance with this subsection, paragraphs (4)(H) and (5)(D) of subsection (b), and section 475(1)(G)(ii)(II) of the Social Security Act (42 U.S.C. 675(1)(G)(ii)(II)).

(B)

Children with disabilities

In the case of a child in foster care that receives services under part A or C of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq., 1431 et seq.), nothing in this Act or section 475(G)(ii)(II) of the Social Security Act (42 U.S.C. 675(1)(G)(ii)(II)) shall relieve a local educational agency of the agency's responsibility to provide the child with transportation as part of such services.

(b)

Requirements of education system for children in foster care

In order to provide each child in foster care with the rights described in subsection (a), each recipient State shall meet the following requirements:

(1)

Policy review and revision

(A)

In general

Not more than 120 days after the effective date of this Act, any State or local educational agency in the State that has a school attendance law or other law, regulation, practice, or policy that may prohibit enrollment in, or attendance at, a school of origin for a child in foster care or that may prohibit implementation of any other requirement of this title, shall undertake steps to revise such law, regulation, practice, or policy to ensure that children in foster care—

(i)

are afforded the same free, appropriate public education as is provided to other children; and

(ii)

receive the protections of this subtitle.

(B)

No delay

Nothing in this subsection shall be construed to permit a State or local educational agency to delay implementation of this Act until such review and revision is completed.

(2)

Coordinator

(A)

In general

The State shall designate a coordinator within the State educational agency to be the lead staff member to implement this title.

(B)

Collaboration

The coordinator shall collaborate with representatives from the State child welfare agency, the State’s program supported under subtitle B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), when appropriate, and with all other State and local agencies necessary to implement the requirements of this title and the provisions of parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 42 U.S.C. 670 et seq.) relating to the educational needs of children in foster care.

(C)

Special rule

In the case of a State that receives a grant under section 111 in an amount that is more than the minimum allotment described in section 111(b)(1)(B), the coordinator under this paragraph for the State shall not be the same individual who is assigned the role of State Coordinator for purposes of the State's program supported under subtitle B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432 et seq.).

(D)

Responsibilities

The responsibilities of a coordinator described in subparagraph (A) shall include, at minimum—

(i)

ensuring that the requirements of this title and clauses (ii)(II), (iii), and (iv) of section 475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)) are carried out;

(ii)

gathering and making public information on the problems children in foster care have in gaining access to public preschool programs and schools;

(iii)

monitoring the progress of the State and local educational agencies in addressing any problems or difficulties in meeting the requirements of this title;

(iv)

ensuring the success of the programs under this title;

(v)

providing technical assistance to local educational agencies and local child welfare agencies on how to comply with this title;

(vi)

collecting data related to the implementation of this title and the educational outcomes of children in foster care and reporting such information to the appropriate State officials and to the Secretary; and

(vii)

ensuring effective implementation of a dispute resolution procedure, as described in paragraph (5), and a complaint management system, as described in paragraph (6).

(3)

Foster care liaison

(A)

In general

The State educational agency shall ensure that each local educational agency in the State designates a foster care liaison with sufficient capacity, resources, and time to fulfill the requirements of this title effectively.

(B)

Responsibilities

The foster care liaison shall ensure, at minimum, that—

(i)

each child in foster care served by the local educational agency is—

(I)

identified for purposes of this title;

(II)

enrolled in the appropriate public preschool program or elementary or secondary school, in accordance with any school selection decision made for the child; and

(III)

has a full and equal opportunity to succeed in the child's school program and receive educational services for which the child is eligible, including—

(aa)

special education and related services and protections under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);

(bb)

programs under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);

(cc)

English as a Second Language programs, including programs under title III of such Act (20 U.S.C. 6801 et seq.); and

(dd)

early childhood and preschool programs;

(ii)

the parents and education decisionmaker of the child in foster care, and the child welfare agency representative, are informed of the opportunities available to the child under this title;

(iii)

school personnel are adequately prepared to implement this title; and

(iv)

the local educational agency serving the child works collaboratively with individuals designated by the local child welfare agency to ensure—

(I)

that child welfare agency personnel are informed of the rights of children in foster care and responsibilities of the State and local agencies under this title;

(II)

that a child in foster care in a school served by the local educational agency has school stability and is promptly enrolled in a school in accordance with any school selection decision made for the child;

(III)

that the child is provided with special education evaluations and services, as needed, and if the child is a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401), the arrangement for, and provision of, the transportation, records transfers, and special education and related services as required under such Act, including—

(aa)

the timely conduct of evaluations as required by section 614(a) of such Act (20 U.S.C. 1414(a));

(bb)

the prompt transmittal of records under section 614(d)(2)(C)(ii) of such Act (20 U.S.C. 1414(d)(2)(C)(ii)); and

(cc)

when appropriate, the appointment of a surrogate parent for a child required under section 615(b)(2) or 639(a)(5) of such Act (20 U.S.C. 1415(b)(2), 1439(a)(5)); and

(IV)

the appointment by the appropriate court of an education decisionmaker for the child for purposes of this title, as needed.

(4)

School selection decision

(A)

In general

Upon a request made in accordance with subparagraph (C), the appropriate entity described in subparagraph (B) shall make an individualized school selection decision on an expedited basis for a child in foster care regarding whether it is in the child’s best interest to attend a school of origin or to be immediately enrolled in the appropriate school where the child resides.

(B)

Entities making school selection decisions

The school selection decision shall be made by the local educational agency that serves the school of origin in which enrollment is sought for a child in foster care, unless the State determines the school selection decision shall be made solely by—

(i)

the dependency court;

(ii)

the State child welfare agency; or

(iii)

the local child welfare agency.

(C)

Initiating a school selection decision

(i)

In general

The local child welfare agency responsible for a child in foster care shall, after consultation with the child and with the education decisionmaker and parent of the child, initiate the school selection decision process under this paragraph if the agency believes that a child should remain or enroll in a school of origin.

(ii)

Timing

A school selection decision may be requested for a child in foster care each time the child's placement is changed or a placement change for the child is proposed.

(iii)

Notification of foster care liaison

The local child welfare agency shall notify the foster care liaison described in paragraph (3) for the local educational agency serving the school in which the agency wants the child to remain or enroll to initiate the school selection decision process.

(iv)

Exception

If the local child welfare agency has not initiated the school selection process, the child’s education decisionmaker may do so by contacting the appropriate foster care liaison described in clause (iii).

(D)

Dependency court decision

Notwithstanding any other provision of this subsection, if the court with dependency jurisdiction over a child in foster care initiates or makes a school selection decision for such child, or appoints another person to initiate or make a school selection decision, the court’s determination shall be binding on all parties, the State educational agency, and the appropriate local educational agency.

(E)

Sources of information; factors

(i)

Sources of information

The entity making the school selection decision for a child in foster care shall consider information and factors provided by—

(I)

the State child welfare agency, local child welfare agency, State educational agency, local educational agency, or other public agency; and

(II)

individuals who have knowledge about the child’s education, including the child and the parent, educational decisionmaker, foster parent, court representative, and teachers of the child.

(ii)

Information and factors

The information and factors described in clause (i) shall include—

(I)

the harmful impact of school mobility on the child's academic progress, achievement, and social and emotional well-being;

(II)

the age of the child;

(III)

the impact the commute to school may have on the child’s education or well-being;

(IV)

personal safety issues, including safety as it relates to family violence;

(V)

the child’s need for special instruction, including special education and related services, and where those needs can best be met;

(VI)

the length of stay in foster care, placement type, and permanency plan for the child;

(VII)

the time remaining in the school year;

(VIII)

the school placement of family members;

(IX)

the number of previous school changes;

(X)

the child’s connection to the school of origin under consideration;

(XI)

the extent to which the educational program of the school of origin is appropriate, meets the child’s needs and interests, and nurtures the child’s talents; and

(XII)

the availability of special programs, academically rigorous courses, and extra-curricular activities that are appropriate for the child.

(F)

Considerations

An entity making a school selection decision under this paragraph shall consider the wishes of the child.

(G)

Excluded factors

The cost of transportation to or from a school shall not be a consideration when making a school selection decision.

(H)

Transportation

(i)

In general

The local educational agency serving the school of origin in which a child in foster care shall remain or enroll, based on the school selection decision for the child, shall collaborate with the local child welfare agency to ensure that the child is provided transportation to the school of origin in a cost effective manner and in accordance with section 475(1)(G)(ii)(II) of the Social Security Act (42 U.S.C. 675(1)(G)(ii)(II)).

(ii)

Cost of transportation

In carrying out clause (i), a local educational agency shall provide the transportation described in such clause for a child in foster care if—

(I)

the local child welfare agency reimburses the local educational agency for the cost of such transportation, in accordance with section 475(1)(G)(ii)(II) of the Social Security Act (42 U.S.C. 675(1)(G)(ii)(II));

(II)

the local educational agency agrees to pay for the cost of such transportation; or

(III)

the local educational agency and the local child welfare agency agree to share the cost of such transportation.

(5)

School selection decision dispute resolution

(A)

In general

The State educational agency, or another State agency designated by the State, shall develop and oversee a fair and impartial dispute resolution procedure to promptly resolve school selection decision disputes, except that such procedure shall not be applied to disputes regarding school selection decisions made by a court.

(B)

Components of dispute resolution

The dispute resolution procedure described in subparagraph (A) shall include, at a minimum—

(i)

a procedural safeguard system to resolve disputes and render prompt school selection decisions;

(ii)

written notice of the school selection decision and basis for the decision to the—

(I)

parent, education decisionmaker, and court representative of the child; and

(II)

local child welfare agency serving the child;

(iii)

a right to appeal a school selection decision, an impartial and prompt review of such decision, and a written determination of the administrative appeal; and

(iv)

a right to initiate a dispute under this paragraph that is provided to—

(I)

the parent, education decisionmaker, and court representative of the child; and

(II)

a representative from the local child welfare agency or local educational agency serving the child.

(C)

School placement during dispute

If a dispute arises over the school selection decision, the child shall remain in the child's current school until full resolution of the dispute, unless—

(i)

the dependency court determines otherwise and selects a different school for the child; or

(ii)

the State child welfare agency or local child welfare agency with responsibility for the child determines that the child’s health or safety would be at risk if the child remained in such school prior to a determination made under subparagraph (A) and selects a different school for the child.

(D)

Transportation

In the case of a dispute under this paragraph regarding a child in foster care, the local educational agency where the child is attending school pending the resolution of the dispute, as determined under subparagraph (C), shall collaborate with the local child welfare agency to ensure transportation is provided, as required under section 101(a)(6), for the child to such school, until the full resolution of the dispute in accordance with this paragraph.

(6)

Complaint management system

Each State shall maintain a complaint management system by which individuals and organizations acting on behalf of a child in foster care can request that the State investigate and correct violations of this subtitle in a timely manner on behalf of a child in foster care or a group of children in foster care.

(7)

School readiness for children in foster care

(A)

State and local educational agencies

Each State educational agency and local educational agency shall ensure that public preschool programs funded, administered, or overseen by such agency—

(i)

provide preschool-aged children in foster care with the rights described in subsection (a), and comply with the requirements of this subsection with respect to such children, except that such programs shall not be required to enroll a child in foster care immediately in a public preschool program that is operating at full capacity when enrollment for the child is sought, unless otherwise required by State law;

(ii)

identify and prioritize preschool-aged children in foster care for enrollment and increase such children's enrollment and attendance in the public preschool program, through activities such as—

(I)

reserving spaces in public preschool programs for children in foster care;

(II)

conducting targeted outreach to local child welfare agencies and foster care providers;

(III)

waiving application deadlines;

(IV)

providing ongoing professional development for staff regarding the needs of children in foster care and their families and strategies to serve such children and families; and

(V)

developing capacity to serve all children in foster care in the area served by such agency; and

(iii)

review the educational and related needs of children in foster care and their families in such agencies' service areas, in coordination with the State child welfare agency, the local child welfare agency, and the foster care liaison designated under paragraph (3), and develop policies and practices to meet identified needs.

(B)

Other State agencies

In the case of public preschool programs that are not funded, administered, or overseen by the State educational agency or a local educational agency, the State agency that funds such public preschool programs shall—

(i)

develop, review, and revise its policies and practices to remove barriers to the enrollment, attendance, retention, and success of children in foster care in public preschool programs funded, administered, or overseen by the agency;

(ii)

provide preschool-aged children in foster care with the rights described in subsection (a), and comply with the requirements of this subsection with respect to such children, except that such programs—

(I)

shall not be required to enroll a child in foster care immediately in a public preschool program that is operating at full capacity when enrollment is sought for the child, unless otherwise required by State law;

(II)

shall not be subject to the dispute resolution procedures of the State educational agency or local educational agencies, but shall—

(aa)

ensure that all of the dispute resolution procedures available through such programs and the State agency that funds, administers, or oversees such programs are accessible to the education decisionmaker, court representative of a child in foster care, and a representative from the local child welfare agency; and

(bb)

provide such individuals with a written explanation of their dispute and appeal rights; and

(III)

shall not be subject to the transportation requirements of paragraph (5)(D) and subsection (a)(6), but shall remove barriers to existing transportation services for children in foster care and shall, to the maximum extent practicable, arrange or provide transportation for children in foster care to attend public preschool programs, including the children's school of origin;

(iii)

identify and prioritize children in foster care for enrollment and increase such children's enrollment and attendance in public preschool programs, including through activities described in subclauses (I) through (V) of subparagraph (A)(ii); and

(iv)

review the educational and related needs of children in foster care and the children's families in the State, in coordination with the coordinator described in paragraph (2), and develop policies and practices to meet identified needs.

(C)

School of origin

For the purposes of applying this paragraph, a reference to a school shall be deemed to include a public preschool program.

(8)

Sharing information

(A)

In general

The State educational agency and local educational agency shall review and eliminate any barriers to information-sharing with State child welfare agencies and local child welfare agencies, while continuing to protect the privacy interests of children and families, as required by Federal or State law.

(B)

Immediate availability

To ensure a child in foster care's immediate enrollment in a new school (including a preschool program), all education records of the child shall be made available in accordance with subsection (a)(4). A school sending education records shall ensure that the records are as complete and accurate as possible.

(C)

Compliance with FERPA

Education records of a child in foster care shall be—

(i)

maintained and provided to other schools in a manner consistent with section 444 of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 1232g); and

(ii)

provided to the child welfare agency or other child welfare system advocates in a manner that complies with such section.

(D)

Expedited transfer

Each foster care liaison described in paragraph (3) and coordinator described in paragraph (2) within a State shall work to expedite the transfer of education records of children in foster care.

(9)

Transfer of credits; diploma

(A)

Transfer of credits

The State shall have a system for ensuring that—

(i)

a child in foster care who is changing schools can transfer school credits and receive partial credits for coursework satisfactorily completed while attending a prior school or educational program; and

(ii)

a child in foster care is afforded opportunities to recover school credits lost due to placement instability while in foster care.

(B)

Eliminating barriers

The State shall undertake steps to eliminate barriers to allowing a child in foster care who has experienced multiple school placements to receive a secondary school diploma either from one of the school districts in which the student was enrolled or through a State-issued secondary school diploma system.

(10)

Equal access

(A)

In general

The State and each local educational agency of the State shall take steps to eliminate barriers to access for children in foster care to academic, nonacademic, or extracurricular programs that are created by application or entrance deadlines and other admissions requirements that children in foster care cannot meet because of frequent school changes.

(B)

No forced private placement

The State shall ensure that each group home or placement facility in the State in which a child in foster care may be placed does not explicitly or implicitly condition such placement on attendance at a private school owned or operated by an agency associated with the facility.

(C)

No school segregation

The State shall ensure that a child in foster care, including a child residing in a group home or placement facility—

(i)

shall not be educated in a segregated setting due to the child's status as a child in foster care; and

(ii)

shall have access to—

(I)

a public elementary school or secondary school; or

(II)

in the case of a child with an individualized education program under section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414), an alternative setting, if required under such plan.

(11)

Collaboration in developing child-specific case plans

(A)

In general

Each local educational agency of the State shall collaborate, at the local child welfare agency’s request, with the local child welfare agency with respect to the following to ensure that educational issues for children in foster care are appropriately identified and addressed:

(i)

The development of the following components of the case plan required for children in foster care:

(I)

The written description of the programs and services which will help the child prepare for the transition from foster care to independent living required under subparagraph (D) of section 475(1) of the Social Security Act (42 U.S.C. 675(1)).

(II)

The plan for ensuring the educational stability of the child while in foster care required under subparagraph (G) of section 475(1) of the Social Security Act (42 U.S.C. 675(1)).

(ii)

The requirement under subparagraph (H) of section 475(5) of the Social Security Act (42 U.S.C. 675(5)) to provide a child in foster care with assistance and support in developing a transition plan for aging out of foster care to independent living.

(iii)

The programs and activities, including vouchers for education and training, including postsecondary training and education, for youths who have aged out of foster care, carried out under the John H. Chafee Foster Care Independence Program established under section 477 of the Social Security Act (42 U.S.C. 677).

(iv)

All other child welfare agency-based planning that relate to educational issues for a child in foster care or a child transitioning out of foster care to independent living.

(B)

Contents

The local child welfare agency shall specify in the case plan required for children in foster care under parts B and E of title IV of the Social Security Act the local educational agency’s role in providing guidance, information, and support to implement the education-related provisions of the plan.

(C)

Local educational agency role

Each local educational agency of the State shall—

(i)

cooperate with the implementation of programs, activities, services, and vouchers described in subparagraph (A); and

(ii)

ensure that such programs, activities, services, and vouchers are coordinated with any education plans developed by the local educational agency, including, when appropriate, any plan for transition services for a child in foster care that is included in the child's individualized education program, as required under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)).

(12)

Collecting information

(A)

In general

The State shall collect valid and reliable information as needed to report annually to the Secretary on the State's progress in meeting the requirements of this title. Such report shall include, at a minimum—

(i)

the number of children in foster care enrolled in school and in public preschool programs;

(ii)

the number of such children who remained in the child's school of origin;

(iii)

the number of such children who experienced enrollment delays;

(iv)

State assessment scores disaggregated for children in foster care;

(v)

secondary school graduation rates, including on-time graduation rates, for such children;

(vi)

the number of such children who repeated grades; and

(vii)

the number of such children who—

(I)

are eligible for special education and related services; or

(II)

receive services under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

(B)

Information sharing

The State educational agency and local educational agencies shall collaborate with the State child welfare agency and local child welfare agencies to collect and share necessary information in order to generate such reports.

(c)

Collaboration

To carry out this section, each State educational agency and the local educational agencies of a recipient State shall collaborate with the State child welfare agency and local child welfare agencies of such State.

102.

Remedies; rule of construction

(a)

Judicial Remedies

(1)

In general

Any party aggrieved by a finding or decision made under paragraph (5) or (6) of section 101(b), or who otherwise claims that a right provided under this Act has been violated, may bring a civil action in an appropriate district court of the United States.

(2)

Jurisdiction

The district courts of the United States shall have jurisdiction of actions brought under this title without regard to the amount in controversy.

(3)

Attorney’s fees

In any action or proceeding brought under paragraph (1), the court, in its discretion, may award reasonable attorney’s fees and expert witness fees as part of costs to a prevailing party who is acting on behalf of a child in foster care.

(4)

State sovereign immunity

(A)

In general

A recipient State's receipt or use of funds under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) shall constitute a waiver of sovereign immunity, under the 11th amendment to the Constitution or otherwise, to a civil action brought under paragraph (1).

(B)

Effective date

This paragraph shall apply with respect to violations that occur in whole or in part after the effective date of this Act.

(C)

Remedies

In a civil action against a State for a violation of this paragraph, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as those remedies are available for such a violation in the civil action against any public entity other than a State.

(b)

Rule of construction

Nothing in this title shall be construed to restrict or limit the rights, procedures, and remedies available under—

(1)

the Constitution;

(2)

the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11461 et seq.);

(3)

the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110–351), or the amendments made by such Act;

(4)

section 444 of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 1232g);

(5)

the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); or

(6)

any other Federal or State law protecting the rights of children in foster care.

103.

Conforming amendments

The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended—

(1)

in section 1111 (20 U.S.C. 6311)—

(A)

in subsection (b)(2), by adding after subparagraph (K) the following:

(L)

Accountability for children in foster care

The accountability provisions under this Act shall ensure that children in foster care, as defined in section 4 of the Fostering Success in Education Act, are included in academic assessment, reporting, and accountability systems, in accordance with paragraph (3)(C)(xi).

; and

(B)

in subsection (c)—

(i)

in paragraph (13), by striking and at the end;

(ii)

in paragraph (14), by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(15)

the State and State educational agency will ensure that the requirements of section 101 of the Fostering Success in Education Act will be satisfied.

; and

(2)

in section 1112(c)(1) (20 U.S.C. 6312(c)(1))—

(A)

in subparagraph (N), by striking and at the end;

(B)

in subparagraph (O), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(P)

comply with the requirements of section 101 of the Fostering Success in Education Act that relate to the local educational agency.

.

B

State foster care and education plan grants

111.

State foster care and education plan requirements and grants

(a)

General authority

From amounts appropriated to carry out this subtitle and not reserved under subsection (b)(2), the Secretary shall make grants to States, from allotments under subsection (b)(1), to enable the States to carry out activities, and award subgrants, in accordance with subsection (d).

(b)

Allotments and reservation

(1)

Allotments

(A)

In general

Subject to subparagraphs (B) and (C), the Secretary is authorized to make an allotment to each State with an approved State foster care and education plan under subsection (c) for a fiscal year in an amount that bears the same relation to the total amount available under this paragraph for a fiscal year as the number of children in foster care who reside in the State bears to the total number of children in foster care who reside in all States with approved State foster care and education plans.

(B)

Minimum allotments

The amount of a State's allotment under this paragraph for a fiscal year shall not be less than $300,000.

(C)

Ratable reductions

In the case of a fiscal year for which the amounts available to carry out this subtitle are not sufficient to award grants to States in the amounts described in subparagraphs (A) and (B), the Secretary shall ratably reduce the amount of all such grants.

(2)

Reservations

(A)

Reservation for technical assistance and evaluation

Of the funds made available to carry out this section, the Secretary shall reserve 1 percent of such funds to provide—

(i)

technical assistance to States that receive grants under this subtitle; and

(ii)

rigorous evaluation of the activities funded with grants under this subtitle in accordance with section 113.

(B)

Students in territories

Of the funds made available to carry out this section, the Secretary shall reserve 0.10 percent of such funds to be allocated among the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, according to their respective need for assistance under this subtitle, as determined by the Secretary.

(C)

Indian students

Of the funds made available to carry out this section, the Secretary shall reserve 1.0 percent to provide assistance to the Secretary of the Interior for programs that are for Indian children in foster care who are served by schools funded by the Department of Interior and that are consistent with the purposes of the activities described in this subtitle.

(c)

State foster care and education plan

(1)

Eligibility requirement

No State shall receive a grant under this subtitle unless the State educational agency has submitted to the Secretary, and the Secretary has approved under section 113(a)(1), a State foster care and education plan (referred to in this section as the plan) that—

(A)

includes the information described in paragraph (3); and

(B)

describes the specific responsibilities and procedures undertaken by each applicable agency of the State to meet the requirements of subsections (e) and (f) and subtitle A.

(2)

Approval, review, and resubmission

(A)

Development and approval

The plan for a State shall be—

(i)

developed by the State educational agency, in collaboration with the State child welfare agency; and

(ii)

approved by the chief executive officer of the State before submission to the Secretary.

(B)

Annual review

Each State receiving a grant under this subtitle shall review the plan annually, in collaboration with the State child welfare agency and the State educational agency, to determine the State’s compliance with the plan, including a review of the—

(i)

information collected under section 101(b)(12); and

(ii)

the State’s progress in eliminating barriers identified under paragraph (3)(B).

(C)

Resubmission

Each State receiving a grant under this subtitle shall resubmit the plan, with amendments as necessary, after collaboration with the State child welfare agency and approval by the chief State official in charge of the State’s child welfare system, every 3 years for review and approval by the Secretary.

(3)

Plan contents

The plan shall address how each right and requirement under section 101 will be achieved, including—

(A)

the method by which the State will monitor local educational agencies and other local agencies with responsibility under this title to ensure compliance with this title;

(B)

an analysis of the State and local barriers to meeting the requirements of this title, including the barriers described in paragraphs (8), (9)(B), and (10) of section 101(b), and specific steps taken to eliminate those barriers;

(C)

a description of, and protocol for, how State foster care coordinators described in section 101(b)(2) and foster care liaisons described in section 101(b)(3) will work collaboratively with State child welfare agencies and local child welfare agencies to implement the provisions of this title;

(D)

detailed procedures for making the school selection decisions for children in foster care in the State in accordance with section 101(b)(4);

(E)

clear procedures regarding how transportation to maintain each child in foster care in the appropriate school will be provided, arranged, and funded;

(F)

an explanation of how the State will—

(i)

ensure transfers of school credits and partial credits for children in foster care who experience multiple school moves; and

(ii)

eliminate barriers to allowing such children to obtain secondary school diplomas as required under section 101(b)(4);

(G)

an explanation of how the State will put in place a procedural safeguard system that meets the requirements of section 101(b) and protects the rights of children in foster care, as described in section 101(a), and how such system will—

(i)

operate;

(ii)

resolve disputes about school stability, immediate enrollment, and eligibility for services under the title;

(iii)

provide notice to children in foster care, and the parents, educational decision makers, and court representatives, of the rights of children under section 101(a) and the processes for obtaining a school selection decision for the child and for resolving disputes under section 101(b); and

(iv)

protect the child's rights under section 101(a) during the resolution of any disputes;

(H)

a description of how the State has involved, and will continue to involve, individuals representing all critical stakeholders involved with children in foster care, including children in foster care, parents, education decisionmakers, foster parents and other caretakers, caseworkers, court representatives, and judges, in the development of the plan and when making decisions about policies and procedures to implement this title;

(I)

a description of how training needs relating to children in foster care will be identified and addressed for—

(i)

critical stakeholders in the State educational agency, local educational agencies, the State child welfare agency, and local child welfare agencies; and

(ii)

other necessary parties involved with children in foster care;

(J)

a description of how local educational agencies in the State, in collaboration with local child welfare agencies, will meet the requirements of subsection (f), section 101(b)(1), and other provisions in this title relating to local educational agencies;

(K)

a description of services or policies needed for children in foster care to meet the same challenging student academic achievement standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)) to which other children are held, and a description of the steps that will be taken to create and implement those services or policies;

(L)

a description of all efforts to promote efficient record maintenance and sharing to further the purposes of this title while protecting confidentiality rights under section 444 of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 1232g) and other laws;

(M)

a description of how immediate enrollment for children in foster care, as required under section 101(a)(3), will be achieved, including how any record requirements in effect as of the date of the plan will be addressed so as to not delay enrollment;

(N)

a description of the system that will ensure the timely transfer of education and health records of children in foster care and an explanation of how any delay in such transfer will not interfere with immediate enrollment; and

(O)

procedures for periodically monitoring local educational agency compliance with the requirements of this title and for maintaining a complaint management system as required under section 101(b)(12).

(d)

Use of funds

A State receiving an allotment under this subtitle shall use—

(1)

not more than 25 percent of the State's allotment to carry out the State plan under subsection (c), meet the requirements under subsections (e) and (f), and carry out activities, directly or through grants or contracts, to further the purposes of this title; and

(2)

not less than 75 percent of the State’s allotment to award subgrants under section 112.

(e)

State requirements

(1)

State educational agency role

(A)

In general

The State educational agency of a State receiving a grant under this subtitle shall be responsible for—

(i)

the general administration and supervision of programs and activities receiving funds under this subtitle, including the activities described in paragraph (2) and subgrants awarded under section 112;

(ii)

monitoring programs and activities used by the State to carry out this title, whether or not such programs or activities are receiving assistance under this subtitle; and

(iii)

ensuring that the State is in compliance with the requirements under this title.

(B)

Collaboration

A State educational agency shall collaborate with the State child welfare agency in carrying out the responsibilities under this paragraph.

(2)

Activities

Each State receiving a grant under this subtitle shall carry out the following activities:

(A)

Stakeholder Council

(i)

In general

The State educational agency shall establish a Stakeholder Council (referred to in this paragraph as the Council) that meets publicly on not less than a semiannual basis.

(ii)

Membership

The members of the Council shall include, at a minimum—

(I)

a designee from the State educational agency;

(II)

a designee from the State child welfare agency; and

(III)

individuals representing local educational agencies, local child welfare agencies, juvenile courts, court representatives, court appointed special advocates, children in foster care, foster parents, and parents.

(iii)

Duties

The Council shall—

(I)

review the State's policies, practices, data, and other information regarding the implementation of this title;

(II)

review and advise the State on the plan before the plan's submission or resubmission;

(III)

make recommendations regarding procedures and policies for implementing this title;

(IV)

assess progress towards eliminating identified barriers to compliance that are described in subsection (c)(3)(B);

(V)

prepare and submit an annual report to the State educational agency, the State child welfare agency, any other applicable State agency, and the Secretary on the status of implementation efforts, including an analysis of data collected; and

(VI)

make recommendations regarding the next steps the State should take regarding implementation and submit such recommendations to the Secretary with each plan resubmission under subsection (c)(2)(C).

(B)

Monitoring

The State educational agency, in collaboration with the State child welfare agency, shall periodically monitor local educational agencies and other local agencies with responsibilities under this title to ensure compliance.

(f)

Local educational agency requirements

Each local educational agency in a State receiving a grant under this subtitle shall meet the following requirements:

(1)

In general

The local educational agency shall ensure, in coordination with the corresponding local child welfare agency, that children in foster care in the school district served by the local educational agency receive all of the rights described in section 101(a) by carrying out, at a minimum, all of the following:

(A)

Ensuring that each child in foster care in the school district served by the local educational agency remains in a school of origin or is immediately enrolled in a new school, in accordance with the child's best interest as required under section 101(a).

(B)

Documenting that written notice has been provided to the parent, education decisionmaker, and court representative of the child and the local child welfare agency representative responsible for the child with regard to any decisions made by the local educational agency regarding the rights under this title of a child in foster care, including—

(i)

an explanation of the basis for the decision;

(ii)

the right to appeal the decision; and

(iii)

the right of the child to remain in the child's current school while a dispute is pending.

(C)

Ensuring compliance with this title by all schools served by the local educational agency.

(D)

Identifying and removing any barriers that exist in schools served by the local educational agency, including—

(i)

barriers identified in the plan under subsection (b)(3)(B);

(ii)

barriers to remaining or enrolling in a school of origin, or to enrolling promptly in a new school for a child in foster care if such enrollment is in the child’s best interest; or

(iii)

other barriers impeding the rights of a child in foster care under this title.

(E)

Ensuring that the schools served by the local educational agency promptly transfer the school credits and partial school credits of children in foster care, and provide children in foster care with access to credit recovery programs or services.

112.

Subgrants

(a)

In general

The State educational agency shall, in accordance with section 111(b)(2), award subgrants, on a competitive basis, to public agencies, including local educational agencies and local child welfare agencies, or partnerships comprised of public agencies, to carry out the requirements of this title or clause (ii)(II), (iii), or (iv) of section 475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)).

(b)

Application

A public agency, or a partnership of public agencies, desiring a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require.

(c)

Award basis

(1)

In general

The State educational agency shall award subgrants under this section based on—

(A)

the established need for attention to the education of children in foster care in the area served by the public agency or partnership of public agencies; and

(B)

the quality of activities proposed to address such need by the agency or partnership in the application described in subsection (b).

(2)

Priority

In awarding subgrants under this section, the State educational agency shall give priority to the following applicants:

(A)

Local child welfare agencies that have entered into agreements with local educational agencies to share responsibilities for providing, arranging, and paying for the transportation of children in foster care to the children's school of origin in a cost-effective manner.

(B)

Local educational agencies that have entered into such agreements with local child welfare agencies.

(C)

Partnerships that—

(i)

include not less than 1 local child welfare agency and not less than 1 local educational agency; and

(ii)

have entered into such agreements.

(d)

Use of funds

A public agency, or a partnership of public agencies, receiving a subgrant under this section shall use subgrant funds to assist the State educational agency providing the subgrant in meeting the State's responsibilities under this title or clause (ii)(II), (iii), or (iv) of section 475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)), which assistance may include—

(1)

funding of foster care liaison positions, as described in section 101(b)(3), at the local educational agency;

(2)

coordinating activities that support the purposes of this title between local educational agencies, local child welfare agencies, and other relevant agencies;

(3)

expenditures for transportation costs;

(4)

tutoring or other educational support services specifically targeted to children in foster care;

(5)

expediting special education evaluations for children in foster care;

(6)

pupil activities and services needed to promote school and preschool success for children in foster care;

(7)

training for the staff of the State educational agency, the local educational agencies, the State child welfare agency, and the local child welfare agencies, and for children in foster care, such children's families, and others involved with children in foster care, about—

(A)

the unique educational needs of children in foster care;

(B)

the benefits afforded under this title; and

(C)

other issues that further the purposes of this title; and

(8)

assisting in funding State-level education coordinators in the State child welfare agency and local education liaisons within the local child welfare agency to be specific points of contact on education issues.

113.

Responsibilities of the Secretary

(a)

Review of State plans

(1)

In general

The Secretary of Education, in collaboration with the Secretary of Health and Human Services, shall review the plan submitted or resubmitted by a State under section 111(c). If the plan meets the requirements of section 111 and is reasonably calculated to ensure that all children in foster care in the State receive all rights, benefits, and protections required by this title, the Secretary shall approve the plan.

(2)

Disapproval

(A)

In general

If a plan does not meet the requirements described in paragraph (1), the Secretary shall disapprove the plan and provide the State educational agency with specific findings as to what needs to be corrected for approval.

(B)

Review process

The Secretary shall promulgate regulations establishing a system by which States whose plans are disapproved can appeal such disapproval.

(b)

Technical assistance

The Secretary shall provide—

(1)

training, support, and technical assistance to a State educational agency receiving a grant to assist the State educational agency in carrying out its responsibilities under this title; and

(2)

training, support, and technical assistance to a State that has had the State's plan described in section 111 disapproved.

(c)

Submission and distribution

The Secretary shall—

(1)

require applications for grants under this subtitle to be submitted to the Secretary not later than the expiration of the 60-day period beginning on the date that funds are available for purposes of making such grants; and

(2)

award such grants not later than the expiration of the 120-day period beginning on such date.

(d)

Determination by the Secretary

The Secretary, based on the information received from the States and information gathered by the Secretary under this subtitle and under section 101(b)(11), shall determine the extent to which State educational agencies are ensuring that each child in foster care has access to a free, appropriate public education.

(e)

Information

(1)

Coordination; enforcement

The Secretary shall coordinate and enforce the information collection requirements under this subtitle and section 101(b)(12).

(2)

Data collection and dissemination

The Secretary shall—

(A)

directly or through grants, contracts, or cooperative agreements, periodically collect and disseminate data and information regarding the education of children in foster care; and

(B)

require each State receiving a grant under this subtitle to annually provide—

(i)

the information described in section 101(b)(12)(A); and

(ii)

such other data and information as the Secretary determines to be necessary and relevant to carry out this subtitle.

(f)

Evaluation and dissemination

The Secretary shall conduct evaluation and dissemination activities regarding programs designed to meet the educational needs of elementary and secondary school students who are children in foster care.

(g)

Report

Not later than 4 years after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate a report on the status of the education of children in foster care, which shall include information on—

(1)

the educational outcomes of children in foster care; and

(2)

the actions of the Secretary and the effectiveness of the programs supported under this title.

114.

Authorization of appropriations

There is authorized to be appropriated to carry out the subtitle, $150,000,000 for each of the fiscal years 2011 through 2015.

II

Social Security Act amendments

201.

Social Security Act amendments

(a)

Educational stability for foster care children

Section 475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)) is amended—

(1)

in clause (ii)—

(A)

by striking or at the end of subclause (I) and inserting and; and

(B)

by striking subclause (II), and inserting the following:

(II)

assurances that the State agency has coordinated with the appropriate local educational agency to ensure that the child remains in the school in which the child is enrolled at the time of placement including, when necessary, the State agency arranging for, providing, or paying the cost of the transportation necessary to enable the child to remain in the school;

; and

(2)

by adding at the end the following:

(iii)

assurances by the State agency and the local educational agencies, if remaining in such school is not in the best interests of the child, to provide immediate and appropriate enrollment in a new school, with all of the educational records provided to the school; and

(iv)

assurances by the State agency and local child welfare agencies that steps have been undertaken to collaborate with the State and local educational agencies to eliminate barriers to the educational stability, school enrollment, and educational success of the child.

.

(b)

State plan requirement

Section 471 of the Social Security Act (42 U.S.C. 671(a)) is amended—

(1)

in paragraph (32), by striking and after the semicolon;

(2)

in paragraph (33), by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end the following:

(34)

provides that the State agency and local child welfare agencies will collaborate with the State and local educational agencies to collect the data and other information necessary to monitor implementation of the requirements of clauses (ii)(II), (iii), and (iv) of subparagraph (G) of section 475(1) and the provisions of section 101 of the Fostering Success in Education Act; and

(35)

provides that the State agency and local child welfare agencies have identified staff within the agencies to be the point people with the State and local educational agencies related to educational issues, including the implementation of the requirements of clauses (ii)(II), (iii), and (iv) of subparagraph (G) of section 475(1), as well as to coordinate with educational agency liaisons and coordinators to implement the provisions of section 101 of the Fostering Success in Education Act.

.