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Fostering Connections Act and the Every Student Succeed Act (ESSA) require coordination among agencies at the state and local levels to ensure the educational stability of children in foster care. The School Systems and the Department of Family and Protective Services (DFPS) should make every effort to reach an agreement regarding the appropriate school placement and transportation coordination of students in foster care. The dispute resolution process should be fair to all parties and reached in an expeditious manner.

Dispute Resolution Guidance

Education and child welfare partners will gain a deeper understanding and a clear roadmap for effective collaboration in making education best-interest decisions. This shared approach will lead to more informed educational planning, increased school stability, and smoother transitions when school changes are necessary, ultimately driving better academic outcomes for students in foster care.

Education Best Interest Decision Making

The Texas Association of School Boards (TASB) and 7m��Ƶ have released a video training on available resources that will help your School System to provide students in foster care educational stability and facilitate their transitions.

Every Student Succeeds Act (ESSA) requires designated points of contact for child welfare and education agencies to support school stability for students in foster care (i.e., education best interest, transportation coordination). The Texas Department of Family Protective Services (DFPS) Educational Specialist serves as the Child Welfare Point of Contact for ESSA purposes. Similarly, the School System Point of Contact for ESSA, in most instances, is the School System Foster Care Liaison.

ESSA Points of Contact

A comprehensive overview of ESSA foster care provisions and the requirements for School Systems. 

ESSA Foster Care, Preliminary Implementation Q&A

The Fostering Connections to Success and Increasing Adoptions Act (Fostering Connections) is a federal law that includes important improvements for children and youth who are in foster care or are at risk of entering foster care. This document reviews the provisions designed to impact youth and young adults.

Released February 2021, this data and trends report is the first of its kind in Texas. It represents over two years of intensive collaborative work, cross-systems data sharing, joint learning, and discussion of key findings about the education outcomes and school experiences of Texas students in foster care.

Clarifies expectations regarding the PEIMS foster care indicator code, identifying students in foster care, and acceptable documentation.

PEIMS Guidance: Students in Foster Care

This document specifies the determination for students in foster care for the school of origin.

School of Origin Determination for Students in Foster Care

These forms provide educators with resources to support collaborative education decision-making and transportation coordination with child welfare organizations. The Every Student Succeeds Act (ESSA) requires education agencies to collaborate with child welfare agencies and to maintain school stability for students in foster care. Both forms are included in the single PDF: TASB Forms

• Educational Best-Interest Factors: DFPS, in collaboration with relevant school officials, is tasked with determining if it is in the best interest of a student in foster care to remain in their school of origin. This form walks school employees through a series of questions and steps to support collaborative education-decision making in the best interest determination.

• Individual Transportation Plan Template: This template helps school staff plan transportation for a student who will remain in their school of origin. With this template, schools can make decisions in a manner that is cost-effective, reliable, and manageable.

This guide clarifies the similarities and differences in the transition planning processes in the child welfare and special education systems. The information also includes best practices and recommendations for improved coordination between systems to better support youth in foster care with disabilities during the transition to adulthood.

The November 2024 Non-Regulatory Guidance titled "Ensuring Educational Stability and Success for Students in Foster Care" was issued by the U.S. Departments of Education and Health and Human Services to support the implementation of the foster care provisions in Title I, Part A of the Every Student Succeeds Act (ESSA). This updated guidance replaces the 2016 version and aims to improve educational outcomes for children and youth in foster care by promoting stability, collaboration, and access to supportive services.

A central theme of the guidance is the importance of educational stability, which includes keeping students in their school of origin whenever possible. If a school change is necessary, the guidance emphasizes the need for immediate enrollment and timely transfer of records to minimize disruption. It also outlines the shared responsibility of educational and child welfare agencies to arrange transportation to the school of origin, ensuring that students can continue attending their preferred school without barriers.

The guidance calls for strong interagency collaboration, requiring both State and Local Educational Agencies (SEAs and LEAs) and child welfare agencies to designate points of contact to facilitate communication and decision-making. It also highlights the importance of supporting academic success, including strategies to improve attendance, promote inclusive learning environments, and ensure high school completion and postsecondary readiness.

Special attention is given to vulnerable subgroups within the foster care population, such as students with disabilities, English learners, homeless youth, juvenile justice-involved youth, American Indian and Alaska Native youth, and preschool-aged children. The guidance provides tailored strategies to meet the unique needs of these groups.

To support these efforts, the document outlines how various federal funding sources—including Title I, Part A; Title IV programs; 21st Century Community Learning Centers; Full-Service Community Schools; and Title IV-E of the Social Security Act—can be leveraged to provide services and supports for students in foster care.

Finally, the guidance addresses data collection and privacy, encouraging responsible data-sharing between agencies to monitor progress and inform policy decisions, while maintaining compliance with privacy laws.

Although non-binding, this guidance offers practical examples, resources, and best practices to help agencies fulfill their legal obligations and improve educational outcomes for students in foster care.

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 fair and appropriate 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 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.

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 .

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  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:

•  – Highlights the expansion of categorical eligibility and its role in promoting healthy lifestyles.
•  – Includes federal guidance and interagency collaboration with HHS and ED.
• Texas Department of Agriculture – State-level implementation details and eligibility criteria.

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:

• : A central page offering guidance, legislation, data, and tools to support the educational stability and success of students in foster care.

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

• : 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).

• (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.

• : 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.

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

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:

Enrollment, Attendance, and School Stability

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

• School of Origin Attendance:  – 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:  – Requires districts to support smooth transitions between schools, including timely records transfer, credit recognition, and coordination with DFPS. (Chapter 11)

Academic Support and Graduation

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

• Graduation Flexibility for Transfer Students:  – 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: (d)(11) – Identifies students in foster care as at-risk, qualifying them for targeted academic interventions. (Chapter 6; Chapter 11)

Early Childhood and Higher Education Access

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

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

Data and Oversight

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

• Foster Care Liaison Requirement:  – Mandates that each district and charter school appoint a Foster Care Liaison and report the appointment to 7m��Ƶ. (Chapter 5)

Supporting Successful School Transitions

Texas Education Code ( 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.

• Foster Care Education Contacts: District Foster Care Liaisons, Regional Foster Care Champions, and DFPS Education Specialists are available to support your child's education.
• : Sample Questions, developed by the Texas Foster Youth Justice Project and alumni of foster care, to help you elicit information from foster youth about their school experience.

Trauma

• : Free resources to help caregivers and professionals understand and address childhood traumatic experiences and approach relationship building from a different perspective.

• : Learn about the signs of traumatic stress, its impact on children, treatment options, and how families and caregivers can help.

• : Provides videos and activities that address coping with traumatic experiences in a kid-friendly way.

• : Guidance for caregivers on regulating their own emotions and stress in order to be the healthy, nurturing, and safe adult that their foster or adopted children need.

Post-secondary Education

• 7m��Ƶ Graduation Information: Graduation requirements, Automatic college admissions, Foundation High School program, Graduation reports

• : Students who were in foster care are eligible to have college tuition and fees waived at Texas state-supported colleges or universities, medical schools, dental schools, junior colleges, and technical institutes.

• : A federally funded program designed to assist with the education and training needs of students formerly in DFPS Managing Conservatorship. Students can receive up to $5,000 a year to attend college or vocational programs. 

Transition to Adulthood

• 
  "The transition to adulthood and self-sufficiency can be challenging for any young person but can be particularly daunting for those who have been living in foster care. Foster parents can help youth in their care prepare for any upcoming challenges. This factsheet provides guidance on how foster parents can help youth build a foundation for a successful transition to adult life outside of foster care. It describes the challenges youth face, how the adolescent brain affects them during this time, and Federal laws and programs. It also provides concrete ways they can partner with youth."

• 
  Provides support for students in DFPS Managing Conservatorship who are at least 16 years or older. PAL benefits can include a transitional living allowance, aftercare room and board assistance, and other support services for independent living.