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Foster Care

Due to changes to the homelessness and foster care provisions in the McKinney-Vento Act and Title I Part A, as amended by the Every Student Succeeds Act of 2015, "Awaiting foster care placement" was deleted from the definition of "homeless children and youths" after December 10, 2016. Children and youth who are "placed in foster care" are not McKinney-Vento eligible, but many continue enrollment and receive transportation to their school of origin under the Fostering Connections to Success and Increasing Adoptions Act, another federal law. Links to OCFS and SED Foster Care Points of Contact are below.

Topic Resources

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Laws & Guidance

Determining McKinney-Vento Eligibility for Students in Direct Placements

NYS Education Department

The purpose of this field memo is to assist Local Child Education Agencies (LEAs) and McKinney-Vento liaisons (also known as LEA liaisons or homeless liaisons) with McKinney-Vento eligibility determinations when a
student has been removed from his/her home because of an allegation of abuse or neglect and the
child welfare agency arranges for a relative or family friend to assume temporary custody of the student, rather than place the student in foster care. In most of these cases, at least initially, the student should be considered homeless and therefore protected under the McKinney-Vento Act and related state law.

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Laws & Guidance

Determining McKinney-Vento Eligibility for Students in Direct Placements - DISTRICT

NYSED Field Memo

NYSED’s McKinney-Vento Field Memo #07-2015 (October 2015) provides information about whether a student should be considered homeless under the McKinney-Vento Act in situations where a student has been removed from his/her home because of an allegation of abuse or neglect and the child welfare agency arranges for a relative or family friend to assume temporary custody of the student, rather than place the student in foster care.

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Laws & Guidance

Educational Stability of Students in Foster Care New Law and Guidance Toolkit

NYS Education Department

The Department in collaboration with the Office of Children and Family Services has
developed guidance and resources to assist school districts and LDSS in meeting the new
requirements for ensuring educational stability for students in foster care.

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Guides & Fact Sheets

Foster Care Toolkit

NYS Education Department

To ensure that students in foster care attend the school that is in their best interest and have transportation to the school, the New York State Education Department (SED) and the New York State Office of Children and Family Services (OCFS) have collaborated to develop a state policy for school transportation of students placed in foster care.

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Guides & Fact Sheets

Local Department of Social Services (LDSS) Foster Care Points of Contact

This is a list of foster care points of contact for each Local Department of Social Services (LDSS), who can provide assistance for ensuring school stability for students in foster care.

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Guides & Fact Sheets

Local Education Agency (LEA) Foster Care Points of Contact - CHARTERS

New York State Education Department

This is a list of the foster care points of contact for each Local Educational Agency, which includes school districts, charter schools, and BOCES. These contacts can provide assistance with school stability for students in foster care.

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Guides & Fact Sheets

Local Education Agency (LEA) Foster Care Points of Contact - DISTRICTS

New York State Education Department

This is a list of the foster care points of contact for each Local Educational Agency, which includes school districts, charter schools, and BOCES. These contacts can provide assistance with school stability for students in foster care.