NYS-TEACHS › Info by Topic: Foster Care

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Foster Care

Children and youth awaiting foster care placement are considered homeless under the McKinney-Vento Act, and are therefore entitled to continued enrollment in and transportation to the school of origin, or immediate enrollment in the local school. School districts have discretion in determining which children and youth are awaiting foster care placement. Some school districts consider only emergency or interim placement, such as placement in group houses and runaway and homeless youth shelters, to be awaiting foster care placement. Other districts consider all children and youth in out-of-home care (up until a family court judge makes a formal foster care placement for the child) to be awaiting foster care placement. Children and youth considered "placed in foster care" are not McKinney-Vento eligible but many still continue enrollment in and receive transportation to the school of origin under the Fostering Connections to Success and Increasing Adoptions Act, another federal law. Click on the links below to learn more about foster care with regards to students in temporary housing.

Providing Effective Financial Aid Assistance to Students from Foster Care and Unaccompanied Homeless Youth

This guide provides information for anyone who helps youth from foster care and unaccompanied homeless youth to secure financial aid for postsecondary education or training programs.

A Look at Child Welfare from a Homeless Education Perspective [PDF]

Although navigating the child welfare system can be daunting for those working in the field of homeless education, local liaisons and others must determine whether children in the child welfare system are eligible for McKinney-Vento services and collaborate with child welfare staff. This document provides an overview of the U.S. child welfare system, the challenges children in care face, and practices to ensure their educational best interest.

Identifying Special Education Decision Makers for Children in Foster Care: State Law Questions [PDF]

This article from the The Legal Center for Foster Care and Education discusses federal special education law and identifies areas where states can determine how the federal law will be implemented in their state. This article can assist anyone who has wondered why states have different processes and procedures, or who wants to identify areas of state law or policy that need to be clarified to more effectively implement the federal law, and anyone who wants to engage in discussions in states and jurisdictions about what would be the right policy and practice for their state.

Mythbusting: Breaking Down Confidentiality and Decision-Making Barriers to Meet the Education Needs of Children in Foster Care[PDF]

This publication from the American Bar Association Center on Children and the Law explains the importance of education needs of children in foster care; debunks myths about confidentiality and decision-making; explains the federal laws that affect confidentiality of education records and decision making; and suggests strategies to overcome confidentiality and decision-making hurdles when addressing the needs of children in foster care. Use this publication online and benefit from the interactive functions, including links between sections and to additional outside resources; or print a copy of the document to use offline.

Questions and Answers: What Child Welfare Professionals Need to Know about Awaiting Foster Care Placement and the McKinney-Vento Act[PDF]

This fact sheet from the Legal Center for Foster Care and Education clarifies how the McKinney-Vento Act applies to children in out-of-home care. It discusses the inclusion of the "awaiting foster care placement" phrase in the McKinney-Vento definition of homeless and explains how educators and child welfare professional can work together to serve these children best.

Questions and Answers: Overlap Between Fostering Connections and McKinney-Vento[PDF]

This fact sheet from the Legal Center for Foster Care and Education explains how these two important federal laws can support success for all children in out-of-home care. Both laws recognize the need for school stability and continuity for these highly mobile children. However, each provides a different set of rights and responsibilities. This factsheet provides a brief overview of the overlap between the two laws, and the critical importance of collaboration between the education and child welfare systems to appropriately serve the needs of children in out-of-home care.

The McKinney-Vento Act and Children and Youth Awaiting Foster Care Placement[PDF]

This 2008 report from the National Association for the Education of Homeless Children and Youth (NAEHCY), made possible with support from Casey Family Programs, describes how eight jurisdictions define awaiting foster care placement and how they are implementing the McKinney-Vento Act for youth in out-of-home care. It offers concrete strategies for building and maintaining effective collaborations between child welfare and education agencies and supporting the educational success of youth in care.

New York State Kinship Navigator [PDF]

New York State Kinship Navigator provides information, resources and referrals for grandparents and other relatives caring for children in New York. Visit the program's website for answers to frequently asked questions and region-specific materials, or call their toll-free number to speak with a Kinship Specialist.

When Working Together Works: Academic Success for Students in Out-of-Home Care [PDF]

This issue brief from the National Center for Homeless Education and the Legal Center for Foster Care and Education is designed to help educators and child welfare advocates in working together to support the academic success of children and youth in out-of-home care. This brief will assist educators and child welfare advocates in working together to support the academic success of children and youth in out-of-home care. The brief offers practical, proven strategies for implementing two federal laws collaboratively: The McKinney-Vento Act, which applies to state and local educational agencies, and the Fostering Connections to Success and Increasing Adoptions Act, which applies to state and local child welfare agencies. Specifically, this brief will assist state and local agencies and staff in: Laying a foundation for working together; agreeing on requirements and expectations; promoting school stability; and incorporating children fully in classes and school activities.

Improving Educational Continuity and School Stability for Children in Out-of-Home Care

This publication from the Casey Family Foundation highlights the most promising practices developed by teams from state, county, and tribally administered child welfare agencies where the focus was on improving educational continuity and school stability. The strategies, practices, and tools that emerged as having the greatest potential for affecting systems improvements are described along with the many insights and lessons learned that shaped the teams' experiences.

Clearing the Path to School Success for Children in Out-of-Home Care[PDF]

This guide from The Legal Center for Foster Care and Education and the National Center for Homeless Education provides basic information about the Fostering Connections and McKinney-Vento Acts, and suggests practical strategies for their implementation. The lives of three young people provide the context to show how child welfare and education staff can ensure school stability, attendance, and full participation for children and youth in out-of-home care.

School Selection for Children in Out-of-Home Care[PDF]

This brief from The Legal Center for Foster Care and Education and the National Center for Homeless Education provides a framework for local homeless education liaisons, educators, child welfare caseworkers, and other child welfare advocates for assessing best interest when selecting a school for students in out-of-home care. While the brief focuses on students "awaiting foster care placement" under the McKinney-Vento Act, it also provides information relevant to school selection and school stability for all children and youth in out-of-home care under the Fostering Connections Act.

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