Traceable sources

Foster Care School-Transition Binder (U.S. Edition)

Page 2 — About this binder: how to use it

Statement	Source
The current federal guidance on educational stability for students in foster care is the November 2024 ED/HHS non-regulatory guidance, which supersedes the 2016 joint guidance; other than the statutory and regulatory requirements it restates, the guidance does not have the force of law. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
School entry immunization requirements are set by state law and therefore differ from state to state, including which vaccines are required and what exemptions exist, so a foster parent must check the rules of the state and district where the child is being enrolled. United States - varies by state	Centers for Disease Control and Prevention
States set their own catch-up routes for a newly enrolled child without health paperwork, and some have a foster-specific route: Texas allows provisional enrollment for up to 30 days, expressly including children in foster care who are waiting on the transfer of an immunization record, and Kentucky's foster parent handbook also requires proof of a preventative health care examination conducted within one year before entry to the school programme. Texas and Kentucky (examples of variation)	Texas Department of State Health Services Texas Department of State Health Services Kentucky Cabinet for Health and Family Services, Department for Community Based Services
In some states the birth parent keeps education decision-making authority and a foster parent can only share it with written permission. Kentucky's procedure for special education and early intervention decisions is that, if the birth parent agrees to let the foster or adoptive parent co-serve as parent for educational decisions, the birth parent signs the DPP-330 Educational Advocacy Request Form and may rescind it at any time. This procedure governs those decisions, not every routine school matter. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services, Standards of Practice Online Manual Kentucky Cabinet for Health and Family Services, Department for Community Based Services, Standards of Practice Online Manual
Federal law requires the district, including its point of contact, to collaborate with the child welfare agency on the Title I stability provisions; the specific duties often attributed to the district contact - running and documenting best interest determinations, resolving disputes, facilitating records transfer and immediate enrollment - are listed in guidance as roles that may be assigned, so a caregiver should ask locally who actually does each one. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services

Page 4 — Placement call capture sheet

Statement	Source
Where the child is an English learner, Title VI and the Equal Educational Opportunities Act require schools to identify and assess them promptly, provide a language assistance programme, give equal access to curricular and extracurricular activities, and ensure meaningful communication with parents who have limited English proficiency - and language needs should be considered in the best interest process. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
Federal law requires the child's health and education record to be reviewed, updated and a copy supplied to the foster parent or foster care provider at the time of each placement, and supplied free to the young person when they leave care at the age of majority, so a caregiver can ask the caseworker for it rather than reconstructing it. United States	U.S. Government Publishing Office (govinfo)
The federally required health and education record contains the most recent information available on the child's health and educational providers, grade level performance, school record, immunizations, known medical problems and medications - so it is a starting point, not a guarantee that the medical or immunisation history is complete or current. United States	U.S. Government Publishing Office (govinfo)
State law can give foster parents both a right to information before placement (with emergency information provided as soon as it is available) and a conditional right to speak to the child's teachers: Kentucky's statute allows communication with teachers, therapists and health care practitioners with an appropriate release of information, and requires the cabinet to be notified of the communication. Kentucky	Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Cabinet for Health and Family Services, Department for Community Based Services

Page 5 — Arrival and first 24 hours checklist

Statement	Source
Placement authorization or verification-of-placement document (for example Texas DFPS Form 2085 series, Kentucky DPP-111A Foster Home Contract Supplement) — Not a federal precondition of enrollment: the child must be enrolled immediately even without it. If it is not handed over at placement, ask the caseworker or the duty or on-call supervisor to email it or confirm placement verbally to the school, record who confirmed it and when, and follow up in writing - do not refuse a placement handover over paperwork. In Texas, a 2085 or 2085-E serves as proof of foster status and DFPS has up to 30 days to supply the paperwork.	Checked against the research record; no public link.
The child's health and education record (education passport or records packet) — Required of the agency, not the caregiver. It contains the most recent information available, so treat it as a starting point; record the date you asked and what was missing.	Checked against the research record; no public link.
A student in foster care must remain in their school of origin until the district, working with the child welfare agency, completes the best interest determination, and the parties must presume the school of origin is in the student's best interest unless the determination shows otherwise. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
Federal law requires the child's health and education record to be reviewed, updated and a copy supplied to the foster parent or foster care provider at the time of each placement, and supplied free to the young person when they leave care at the age of majority, so a caregiver can ask the caseworker for it rather than reconstructing it. United States	U.S. Government Publishing Office (govinfo)
The federally required health and education record contains the most recent information available on the child's health and educational providers, grade level performance, school record, immunizations, known medical problems and medications - so it is a starting point, not a guarantee that the medical or immunisation history is complete or current. United States	U.S. Government Publishing Office (govinfo)
If a best interest determination concludes that remaining in the school of origin is not in the child's best interest, the child must be immediately enrolled in the new school even without records normally required for enrollment, and the enrolling school must immediately contact the school last attended for relevant academic and other records. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education and U.S. Department of Health and Human Services
The federal immediate-enrollment protection covers initial enrollment only. Afterwards the student and caregivers are responsible for the documents the school normally requires, but federal guidance also says the educational agency should work with the child welfare agency to gather any outstanding records. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services

Page 6 — The first 72 hours at a glance

Statement	Source
Federal law requires the child's health and education record to be reviewed, updated and a copy supplied to the foster parent or foster care provider at the time of each placement, and supplied free to the young person when they leave care at the age of majority, so a caregiver can ask the caseworker for it rather than reconstructing it. United States	U.S. Government Publishing Office (govinfo)
State law can give foster parents both a right to information before placement (with emergency information provided as soon as it is available) and a conditional right to speak to the child's teachers: Kentucky's statute allows communication with teachers, therapists and health care practitioners with an appropriate release of information, and requires the cabinet to be notified of the communication. Kentucky	Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Cabinet for Health and Family Services, Department for Community Based Services
A student in foster care must remain in their school of origin until the district, working with the child welfare agency, completes the best interest determination, and the parties must presume the school of origin is in the student's best interest unless the determination shows otherwise. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services

Page 7 — What is the school of origin?

Statement	Source
Under Title I of the ESEA, a child who enters foster care or changes foster care placement must enrol or remain in their school of origin unless a determination is made that this is not in the child's best interest, based on all factors including the appropriateness of the current educational setting and proximity to the school the child was enrolled in at the time of placement. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education and U.S. Department of Health and Human Services
A student in foster care must remain in their school of origin until the district, working with the child welfare agency, completes the best interest determination, and the parties must presume the school of origin is in the student's best interest unless the determination shows otherwise. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
A student in foster care must remain in their school of origin for the duration of their time in foster care unless a determination is made that remaining there is not in their best interest, so the right does not expire after the first weeks of a placement. United States	U.S. Department of Education and U.S. Department of Health and Human Services
When a student completes the final grade served by the school of origin, the next school in the district's feeder pattern becomes the school of origin - so a child moving from elementary to middle school does not lose the protection. United States	U.S. Department of Education and U.S. Department of Health and Human Services
The Title I stability provisions stop applying when a student exits foster care - by reunification, guardianship or adoption - although ED encourages states and districts to adopt policies letting a student who exits during the school year stay at the school of origin through at least the end of that year. School-of-origin transport arrangements should be checked at that point. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services

Page 8 — Best interest determination worksheet

Statement	Source
A student in foster care must remain in their school of origin until the district, working with the child welfare agency, completes the best interest determination, and the parties must presume the school of origin is in the student's best interest unless the determination shows otherwise. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
The best interest determination is completed by the school district in collaboration with the local child welfare agency point of contact, and it is critical that it includes the student where appropriate and other important people in the student's life with information about their social, emotional and academic needs - which is the foster parent's opening to contribute. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
Federal law requires the district, including its point of contact, to collaborate with the child welfare agency on the Title I stability provisions; the specific duties often attributed to the district contact - running and documenting best interest determinations, resolving disputes, facilitating records transfer and immediate enrollment - are listed in guidance as roles that may be assigned, so a caregiver should ask locally who actually does each one. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
Under Title I of the ESEA, a child who enters foster care or changes foster care placement must enrol or remain in their school of origin unless a determination is made that this is not in the child's best interest, based on all factors including the appropriateness of the current educational setting and proximity to the school the child was enrolled in at the time of placement. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education and U.S. Department of Health and Human Services
A best interest determination must take into account all factors relating to the student’s best interest, including the appropriateness of the current educational setting and proximity to the school the student was enrolled in at placement, and federal guidance lists student-centred factors that may be considered: the student’s preferences, the parents’ preferences, attachment to the school of origin including relationships with staff and peers, extracurricular involvement, sibling placement, school climate and safety, availability and quality of services for educational and socioemotional needs, history of school transfers, and how the length of the commute would affect the student given their developmental stage.	U.S. Department of Education and U.S. Department of Health and Human Services “educational agencies and child welfare agencies should consider a variety of student-centered factors to complete a BID process”
Transportation costs must not be considered when determining a student's best interest, and administrative burden for educational or child welfare agencies must not be considered when completing a best interest determination.	U.S. Department of Education and U.S. Department of Health and Human Services “transportation costs should not be considered when determining a student’s best interest”
Federal guidance encourages, but does not require, local educational agencies working with child welfare agencies to complete a best interest determination within three business days of the time of placement in foster care, and to complete it before a planned placement change.	U.S. Department of Education and U.S. Department of Health and Human Services “encouraged to complete a BID process within three business days of the time of placement in foster care”
Written record of the best interest determination and its outcome — Documenting outcomes is listed in guidance as a role the district contact may be assigned, not a guaranteed written decision. Ask for it in writing and record date, participants and reasons yourself if nothing is provided.	Checked against the research record; no public link.

Page 9 — Immediate enrollment: the rule and its limits

Statement	Source
If a best interest determination concludes that remaining in the school of origin is not in the child's best interest, the child must be immediately enrolled in the new school even without records normally required for enrollment, and the enrolling school must immediately contact the school last attended for relevant academic and other records. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education and U.S. Department of Health and Human Services
A child in foster care who has never been enrolled in a public school has no school of origin and should be enrolled immediately in a new school even without the records normally required for enrollment. United States	U.S. Department of Education and U.S. Department of Health and Human Services
The federal immediate-enrollment protection covers initial enrollment only. Afterwards the student and caregivers are responsible for the documents the school normally requires, but federal guidance also says the educational agency should work with the child welfare agency to gather any outstanding records. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
Enrollment is not complete until the child is attending and fully taking part: federal guidance states a student is not fully enrolled if they are not attending school or fully participating in classes, extracurricular activities and out-of-school and summer opportunities. United States	U.S. Department of Education and U.S. Department of Health and Human Services
Texas's current guide lists identity of the parent or legal authority and proof of residence for admission, and proof of the student's identity, immunization records, records from the last school and a 2085 or 2085-E for enrollment - but states that a student in DFPS managing conservatorship must be accepted for enrollment even without the normally required documents, that DFPS has up to 30 days to provide the paperwork, and that residency documentation is required only if the district requires it. Texas	Texas Education Agency Texas Education Agency

Page 10 — Enrollment document checklist: core documents

Statement	Source
Federal guidance says the enrolling school should request all records typically required for enrollment plus records relevant to prior academic experience, which might include immunization records, academic transcripts, class enrollment history including advanced or remedial courses, attendance records, and an IEP or 504 plan; requirements vary between districts. United States	U.S. Department of Education and U.S. Department of Health and Human Services
Placement authorization or verification-of-placement document (for example Texas DFPS Form 2085 series, Kentucky DPP-111A Foster Home Contract Supplement) — Not a federal precondition of enrollment: the child must be enrolled immediately even without it. If it is not handed over at placement, ask the caseworker or the duty or on-call supervisor to email it or confirm placement verbally to the school, record who confirmed it and when, and follow up in writing - do not refuse a placement handover over paperwork. In Texas, a 2085 or 2085-E serves as proof of foster status and DFPS has up to 30 days to supply the paperwork.	Checked against the research record; no public link.
If a best interest determination concludes that remaining in the school of origin is not in the child's best interest, the child must be immediately enrolled in the new school even without records normally required for enrollment, and the enrolling school must immediately contact the school last attended for relevant academic and other records. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education and U.S. Department of Health and Human Services
Court order naming the agency as managing conservator, legal custodian or guardian — A caregiver often will not hold a copy; ask the caseworker rather than assuming you must produce it. Under IDEA a judicial decree naming a person to act as parent controls who may consent.	Checked against the research record; no public link.
Immunisation record or certificate of immunisation — Cannot delay initial enrollment for a child in foster care. The catch-up route is state-set - Texas allows provisional enrollment for up to 30 days expressly including foster children awaiting record transfer. Write your state's rule in the binder after checking it.	Checked against the research record; no public link.
The federal immediate-enrollment protection covers initial enrollment only. Afterwards the student and caregivers are responsible for the documents the school normally requires, but federal guidance also says the educational agency should work with the child welfare agency to gather any outstanding records. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
States set their own catch-up routes for a newly enrolled child without health paperwork, and some have a foster-specific route: Texas allows provisional enrollment for up to 30 days, expressly including children in foster care who are waiting on the transfer of an immunization record, and Kentucky's foster parent handbook also requires proof of a preventative health care examination conducted within one year before entry to the school programme. Texas and Kentucky (examples of variation)	Texas Department of State Health Services Texas Department of State Health Services Kentucky Cabinet for Health and Family Services, Department for Community Based Services
Certified birth certificate or alternative reliable proof of identity and age — State-specific and often misunderstood: in Illinois the alternative is reliable proof of identity and age together with an affidavit explaining why the birth certificate cannot be produced - an affidavit alone is not enough - and Texas accepts a Bureau of Vital Statistics screen print where DFPS cannot obtain the original.	Checked against the research record; no public link.
Illinois requires a certified copy of the child's birth certificate within 30 days of enrollment, and allows alternate identification when a certified copy cannot be obtained. If it is not provided, the school must immediately notify the Illinois State Police or local law enforcement and tell the person enrolling the child in writing that they have 10 additional days; a pupil may not be excluded from school for failing to produce it. Illinois	Illinois State Board of Education “Upon failure to comply, the school or other entity shall immediately notify the Illinois State Police or local law enforcement agency of such failure and shall notify the person enrolling the child in writing that he or she has 10 additional days to comply” Illinois State Board of Education “requires submission of a certified copy of a child's birth certificate upon 30 days of enrollment”
Texas's current guide lists identity of the parent or legal authority and proof of residence for admission, and proof of the student's identity, immunization records, records from the last school and a 2085 or 2085-E for enrollment - but states that a student in DFPS managing conservatorship must be accepted for enrollment even without the normally required documents, that DFPS has up to 30 days to provide the paperwork, and that residency documentation is required only if the district requires it. Texas	Texas Education Agency Texas Education Agency
Proof of residency for the foster home — Not needed if the child stays in the school of origin, cannot be used to delay immediate enrollment, and in Texas is required only if the district requires it.	Checked against the research record; no public link.
School entry immunization requirements are set by state law and therefore differ from state to state, including which vaccines are required and what exemptions exist, so a foster parent must check the rules of the state and district where the child is being enrolled. United States - varies by state	Centers for Disease Control and Prevention

Page 11 — Documents to request from the prior school

Statement	Source
If a best interest determination concludes that remaining in the school of origin is not in the child's best interest, the child must be immediately enrolled in the new school even without records normally required for enrollment, and the enrolling school must immediately contact the school last attended for relevant academic and other records. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education and U.S. Department of Health and Human Services
The federal immediate-enrollment protection covers initial enrollment only. Afterwards the student and caregivers are responsible for the documents the school normally requires, but federal guidance also says the educational agency should work with the child welfare agency to gather any outstanding records. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
Federal guidance says the enrolling school should request all records typically required for enrollment plus records relevant to prior academic experience, which might include immunization records, academic transcripts, class enrollment history including advanced or remedial courses, attendance records, and an IEP or 504 plan; requirements vary between districts. United States	U.S. Department of Education and U.S. Department of Health and Human Services
FERPA lets a school disclose education records to a school in which the student seeks or intends to enroll without consent. The school must make a reasonable attempt to notify the parent or eligible student, unless the disclosure was initiated by them or the school's annual FERPA notice says it forwards records to receiving schools; the parent may request a copy and a hearing to challenge the content. Notification is therefore not a barrier that has to be cleared before records can move. United States	National Archives, Electronic Code of Federal Regulations Office of the Law Revision Counsel, U.S. House of Representatives
Academic records from the school of origin: transcript, attendance record, class enrollment history including advanced or remedial courses, report cards, state test results — The duty to request sits with the enrolling school and the agencies should help gather what is outstanding. Guidance encourages transfer within three business days; state law may set a different clock (Illinois: forward within 10 days of receiving the request).	Checked against the research record; no public link.
IEP, evaluation reports, behaviour intervention plan and IDEA procedural safeguards notice — Condition-specific. On an in-state transfer in the same school year the new district must provide comparable services until it adopts or rewrites the IEP; an interstate transfer may involve an evaluation and a new IEP; for a summer move an IEP must be in effect at the start of the year.	Checked against the research record; no public link.
Section 504 plan and its supporting evaluation documentation — Section 504 is not IDEA: the receiving district reviews the plan and must implement it if a knowledgeable group finds it appropriate, or evaluate under Section 504 if it does not. Do not let a school apply IEP transfer language to a 504 plan or vice versa.	Checked against the research record; no public link.

Page 12 — Records transfer tracker

Statement	Source
Federal guidance says the enrolling school should request all records typically required for enrollment plus records relevant to prior academic experience, which might include immunization records, academic transcripts, class enrollment history including advanced or remedial courses, attendance records, and an IEP or 504 plan; requirements vary between districts. United States	U.S. Department of Education and U.S. Department of Health and Human Services
If a best interest determination concludes that remaining in the school of origin is not in the child's best interest, the child must be immediately enrolled in the new school even without records normally required for enrollment, and the enrolling school must immediately contact the school last attended for relevant academic and other records. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education and U.S. Department of Health and Human Services
FERPA lets a school disclose education records to a school in which the student seeks or intends to enroll without consent. The school must make a reasonable attempt to notify the parent or eligible student, unless the disclosure was initiated by them or the school's annual FERPA notice says it forwards records to receiving schools; the parent may request a copy and a hearing to challenge the content. Notification is therefore not a barrier that has to be cleared before records can move. United States	National Archives, Electronic Code of Federal Regulations Office of the Law Revision Counsel, U.S. House of Representatives
Records request and release-of-information forms (request to inspect, request to the school of origin, agency release to speak with school staff) — A school must respond to a request to inspect within 45 days. Some states condition talking to teachers and therapists on an appropriate release and require notifying the agency (Kentucky) - ask your caseworker what applies.	Checked against the research record; no public link.
State law can give foster parents both a right to information before placement (with emergency information provided as soon as it is available) and a conditional right to speak to the child's teachers: Kentucky's statute allows communication with teachers, therapists and health care practitioners with an appropriate release of information, and requires the cabinet to be notified of the communication. Kentucky	Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Cabinet for Health and Family Services, Department for Community Based Services
School-of-origin contact and records-chase log (school name, registrar, counsellor, teacher, dates requested and received) — Your own log is the only way to evidence a delay when the statutory duty sits with the schools.	Checked against the research record; no public link.
Academic records from the school of origin: transcript, attendance record, class enrollment history including advanced or remedial courses, report cards, state test results — The duty to request sits with the enrolling school and the agencies should help gather what is outstanding. Guidance encourages transfer within three business days; state law may set a different clock (Illinois: forward within 10 days of receiving the request).	Checked against the research record; no public link.

Page 13 — School-of-origin transportation

Statement	Source
A Title I district must have written procedures, developed with child welfare agencies, covering how school-of-origin transportation is provided, arranged and funded for the duration of the child's time in foster care, ensuring prompt cost-effective transport; where there are additional costs the district must provide transport if the agency reimburses, the district pays, or they share the cost. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education and U.S. Department of Health and Human Services
If transportation is listed as a related service in the child's IEP, the district in which the student is enrolled is responsible for providing it regardless of foster care status, and that cost is generally the district's full responsibility rather than a shared foster-care transport cost. United States	U.S. Department of Education and U.S. Department of Health and Human Services
Federal foster care maintenance payments are defined to cover school supplies and reasonable travel for the child to remain in the school they were enrolled in at the time of placement. This defines what the maintenance payment is meant to include; it does not by itself create a separate reimbursement to the caregiver, so any driving or expense arrangement should be agreed with the agency in advance. United States	U.S. Government Publishing Office (govinfo)
States publish their own implementation guidance on top of the federal floor: Wisconsin's education agency tells districts that once a student is placed in out-of-home care, transportation must be immediately provided, arranged and funded to the school of origin for the duration of the placement. This is state implementation guidance and applies where the school of origin remains the school the student attends. Wisconsin	Wisconsin Department of Public Instruction Wisconsin Department of Public Instruction
Federal law does not require dispute procedures, but ED encourages states and child welfare agencies to build them for placement, enrollment and transportation disputes, to design them to finish within five business days, and confirms the child must remain in the school of origin while a dispute is resolved. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
School of origin transportation plan or agreement — Districts must have written procedures. Where extra costs arise the district provides transport if the agency reimburses, it pays, or they share. If transport is a related service in an IEP, it is the district's responsibility. Agree any caregiver driving and mileage in advance and in writing.	Checked against the research record; no public link.

Page 14 — Who may enroll and decide: authority matrix

Statement	Source
Under FERPA, parent includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian, which is the usual basis on which a foster parent exercises education record rights. United States	National Archives, Electronic Code of Federal Regulations
Under IDEA a foster parent is a parent unless state law, regulation or a contractual obligation prohibits it - but that is not the end of the test: where more than one party qualifies, a biological or adoptive parent attempting to act as the parent is presumed to be the parent unless they lack legal authority to make education decisions, and a judicial decree naming someone to act as parent controls. United States	National Archives, Electronic Code of Federal Regulations U.S. Department of Education, Individuals with Disabilities Education Act website U.S. Department of Education and U.S. Department of Health and Human Services
Federal law defines a reasonable and prudent parent standard that the caregiver uses when deciding whether to let a child in foster care take part in extracurricular, enrichment, cultural and social activities, so many day-to-day school activity decisions sit with the caregiver within agency policy. United States	U.S. Government Publishing Office (govinfo)
Unless the school is given evidence of a court order, state law or other legally binding document to the contrary, FERPA gives custodial and non-custodial parents alike rights over their children's education records - so a birth parent may retain record rights even where contact with the child is restricted, and these are different questions. United States	Student Privacy Policy Office, U.S. Department of Education
A surrogate parent is not automatic for every child in state custody: IDEA's ward of the State definition excludes a foster child who has a foster parent meeting the definition of parent. Where a surrogate is needed the public agency must assign one, a judge may appoint one for a ward of the State, and the state education agency must make reasonable efforts to assign one within 30 days of the determination that one is needed. United States	National Archives, Electronic Code of Federal Regulations U.S. Department of Education, Individuals with Disabilities Education Act website U.S. Department of Education, Individuals with Disabilities Education Act website
Education decision-maker designation: agency delegation form, court appointment, or IDEA surrogate parent appointment (for example Texas Form 2085-E, Kentucky DPP-330) — Condition-specific and the most misunderstood item in the binder: under IDEA a foster parent counts as parent unless prohibited, but a biological or adoptive parent attempting to act is presumed unless they lack authority, and a judicial decree controls. Keep separate fields for enrollment, routine permissions, records, special education consent and medical consent.	Checked against the research record; no public link.
Court order naming the agency as managing conservator, legal custodian or guardian — A caregiver often will not hold a copy; ask the caseworker rather than assuming you must produce it. Under IDEA a judicial decree naming a person to act as parent controls who may consent.	Checked against the research record; no public link.

Page 15 — Authority matrix: designation and notes

Statement	Source
Under IDEA a foster parent is a parent unless state law, regulation or a contractual obligation prohibits it - but that is not the end of the test: where more than one party qualifies, a biological or adoptive parent attempting to act as the parent is presumed to be the parent unless they lack legal authority to make education decisions, and a judicial decree naming someone to act as parent controls. United States	National Archives, Electronic Code of Federal Regulations U.S. Department of Education, Individuals with Disabilities Education Act website U.S. Department of Education and U.S. Department of Health and Human Services
A surrogate parent is not automatic for every child in state custody: IDEA's ward of the State definition excludes a foster child who has a foster parent meeting the definition of parent. Where a surrogate is needed the public agency must assign one, a judge may appoint one for a ward of the State, and the state education agency must make reasonable efforts to assign one within 30 days of the determination that one is needed. United States	National Archives, Electronic Code of Federal Regulations U.S. Department of Education, Individuals with Disabilities Education Act website U.S. Department of Education, Individuals with Disabilities Education Act website
In some states the birth parent keeps education decision-making authority and a foster parent can only share it with written permission. Kentucky's procedure for special education and early intervention decisions is that, if the birth parent agrees to let the foster or adoptive parent co-serve as parent for educational decisions, the birth parent signs the DPP-330 Educational Advocacy Request Form and may rescind it at any time. This procedure governs those decisions, not every routine school matter. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services, Standards of Practice Online Manual Kentucky Cabinet for Health and Family Services, Department for Community Based Services, Standards of Practice Online Manual
Texas uses a specific form, the Designation of Education Decision-Maker (2085-E), to tell the court and the school who makes education decisions, and DFPS must give the school updated information no later than five days after any change of education decision-maker or surrogate parent. Texas	Texas Department of Family and Protective Services Texas Education Agency
Education decision-maker designation: agency delegation form, court appointment, or IDEA surrogate parent appointment (for example Texas Form 2085-E, Kentucky DPP-330) — Condition-specific and the most misunderstood item in the binder: under IDEA a foster parent counts as parent unless prohibited, but a biological or adoptive parent attempting to act is presumed unless they lack authority, and a judicial decree controls. Keep separate fields for enrollment, routine permissions, records, special education consent and medical consent.	Checked against the research record; no public link.

Page 16 — The child's health and education record

Statement	Source
Federal law requires the child's health and education record to be reviewed, updated and a copy supplied to the foster parent or foster care provider at the time of each placement, and supplied free to the young person when they leave care at the age of majority, so a caregiver can ask the caseworker for it rather than reconstructing it. United States	U.S. Government Publishing Office (govinfo)
The federally required health and education record contains the most recent information available on the child's health and educational providers, grade level performance, school record, immunizations, known medical problems and medications - so it is a starting point, not a guarantee that the medical or immunisation history is complete or current. United States	U.S. Government Publishing Office (govinfo)
The child's health and education record (education passport or records packet) — Required of the agency, not the caregiver. It contains the most recent information available, so treat it as a starting point; record the date you asked and what was missing.	Checked against the research record; no public link.

Page 17 — Medical and medication at school: getting set up

Statement	Source
Federal law requires the child's health and education record to be reviewed, updated and a copy supplied to the foster parent or foster care provider at the time of each placement, and supplied free to the young person when they leave care at the age of majority, so a caregiver can ask the caseworker for it rather than reconstructing it. United States	U.S. Government Publishing Office (govinfo)
State and agency rules, not federal law, set medication duties for caregivers: Kentucky requires foster parents to inform the agency within one working day of any psychotropic medication prescribed for a child, and to document administration of all medications daily on the DPP-106H Medication Administration History form. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services Kentucky Cabinet for Health and Family Services, Department for Community Based Services
Federal law requires each state's child welfare plan to include a health care oversight and coordination plan covering initial and follow-up health screenings and protocols for the appropriate use and monitoring of psychotropic medications. It does not itself set the caregiver's deadline for reporting a new prescription; that comes from state and agency policy. United States	Office of the Law Revision Counsel, U.S. House of Representatives
Medication list, prescriber orders and the school's medication authorisation form — Condition-specific and state-set: Minnesota requires written parent or guardian authorization, California requires a written statement from a licensed prescriber and no telephone authorisation. Confirm with the school nurse before the first day who may sign in your state.	Checked against the research record; no public link.
School-year health forms beyond immunisations: physical examination, dental, vision and sports or activity clearance — State-set and easy to miss - Kentucky, for example, requires proof of a preventative health care examination within the year before entering the school programme. Write your state's list and dates in the binder after checking with the school nurse.	Checked against the research record; no public link.
States set their own catch-up routes for a newly enrolled child without health paperwork, and some have a foster-specific route: Texas allows provisional enrollment for up to 30 days, expressly including children in foster care who are waiting on the transfer of an immunization record, and Kentucky's foster parent handbook also requires proof of a preventative health care examination conducted within one year before entry to the school programme. Texas and Kentucky (examples of variation)	Texas Department of State Health Services Texas Department of State Health Services Kentucky Cabinet for Health and Family Services, Department for Community Based Services
School entry immunization requirements are set by state law and therefore differ from state to state, including which vaccines are required and what exemptions exist, so a foster parent must check the rules of the state and district where the child is being enrolled. United States - varies by state	Centers for Disease Control and Prevention
Some school and activity forms are outside a foster parent's authority and need caseworker, birth parent, team or court approval, and Kentucky's handbook tells foster parents not to sign forms promising to pay bills or pay for medical care. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services Kentucky Cabinet for Health and Family Services, Department for Community Based Services
Medicaid or health plan details and agency billing information — Most children receiving title IV-E payments are Medicaid eligible, but eligibility, active enrolment, plan assignment and having a card are different things. Never let a missing card stop school services or urgent care, and do not sign forms accepting personal financial responsibility.	Checked against the research record; no public link.

Page 18 — Medication administration and handover log

Statement	Source
Medication administration and handover log (for example Kentucky's DPP-106H Medication Administration History) — A list is not a record. Kentucky requires daily documentation of all medications, over-the-counter and prescription, and notification of the agency within one working day of any psychotropic prescription - check your own state's form and deadline.	Checked against the research record; no public link.
Federal law requires each state's child welfare plan to include a health care oversight and coordination plan covering initial and follow-up health screenings and protocols for the appropriate use and monitoring of psychotropic medications. It does not itself set the caregiver's deadline for reporting a new prescription; that comes from state and agency policy. United States	Office of the Law Revision Counsel, U.S. House of Representatives
State and agency rules, not federal law, set medication duties for caregivers: Kentucky requires foster parents to inform the agency within one working day of any psychotropic medication prescribed for a child, and to document administration of all medications daily on the DPP-106H Medication Administration History form. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services Kentucky Cabinet for Health and Family Services, Department for Community Based Services

Page 19 — Emergency action plan

Statement	Source
Allergy, asthma, seizure or other emergency action plan — Condition-specific. Often the only information at placement is verbal: write down what you were told, who said it and when, mark it unverified, and get it confirmed before or on the first school day.	Checked against the research record; no public link.
The federally required health and education record contains the most recent information available on the child's health and educational providers, grade level performance, school record, immunizations, known medical problems and medications - so it is a starting point, not a guarantee that the medical or immunisation history is complete or current. United States	U.S. Government Publishing Office (govinfo)
State law can give foster parents both a right to information before placement (with emergency information provided as soon as it is available) and a conditional right to speak to the child's teachers: Kentucky's statute allows communication with teachers, therapists and health care practitioners with an appropriate release of information, and requires the cabinet to be notified of the communication. Kentucky	Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Cabinet for Health and Family Services, Department for Community Based Services

Page 20 — Special education continuity (IEP)

Statement	Source
When a child with an IEP transfers between public agencies in the same state and enrols in a new school in the same school year, the new agency, in consultation with the parents, must provide FAPE including services comparable to the previous IEP until it adopts that IEP or develops, adopts and implements a new one, and both agencies must take reasonable steps to move the records promptly. United States	U.S. Department of Education, Individuals with Disabilities Education Act website U.S. Department of Education, Individuals with Disabilities Education Act website
An interstate IEP transfer follows a different path: where the child transfers from another state and enrols in a new school in the same school year, the new agency, in consultation with the parents, must provide FAPE including comparable services until it conducts an evaluation if it determines one is necessary and develops, adopts and implements a new IEP if appropriate. United States	U.S. Department of Education, Individuals with Disabilities Education Act website
For a move over the summer or between school years, the transfer rule about the same school year does not decide things: IDEA requires an IEP to be in effect for each eligible child at the beginning of each school year, and ED has stated that agencies must ensure an IEP is in effect at the start of the year for children who move into a new public agency during the summer; a refusal to convene the team before term starts requires prior written notice. United States	U.S. Department of Education, Individuals with Disabilities Education Act website U.S. Department of Education, Office of Special Education Programs
A new school district may not refuse to provide extended school year (ESY) services to a transferring child merely because the services would be provided during the summer.	U.S. Department of Education, Office of Special Education Programs (2022-11-10) “The new school district may not refuse to provide ESY services to that child merely because the services would be provided during the summer.”
IEP, evaluation reports, behaviour intervention plan and IDEA procedural safeguards notice — Condition-specific. On an in-state transfer in the same school year the new district must provide comparable services until it adopts or rewrites the IEP; an interstate transfer may involve an evaluation and a new IEP; for a summer move an IEP must be in effect at the start of the year.	Checked against the research record; no public link.

Page 21 — Section 504 continuity

Statement	Source
Section 504 is a separate law from IDEA: a child may have a disability under Section 504 and be entitled to aids and services without an IEP, and when a student with a 504 plan transfers, the receiving district should review the plan and supporting documentation and must implement it if a knowledgeable group finds it appropriate, or evaluate the student under Section 504 procedures if it does not. United States	Office for Civil Rights, U.S. Department of Education U.S. Department of Education and U.S. Department of Health and Human Services
Section 504 has its own safeguards: districts must employ procedural safeguards on identification, evaluation and placement, OCR has interpreted Section 504 to require parental permission for initial evaluations, and a re-evaluation is required before a significant change of placement, which OCR treats as including exclusion from the programme for more than 10 school days. United States	Office for Civil Rights, U.S. Department of Education Office for Civil Rights, U.S. Department of Education
Section 504 plan and its supporting evaluation documentation — Section 504 is not IDEA: the receiving district reviews the plan and must implement it if a knowledgeable group finds it appropriate, or evaluate under Section 504 if it does not. Do not let a school apply IEP transfer language to a 504 plan or vice versa.	Checked against the research record; no public link.

Page 23 — Discipline: what to watch for

Statement	Source
A disciplinary change of placement happens if a removal is for more than 10 consecutive school days, or if a series of removals forms a pattern totalling more than 10 school days in a year with substantially similar behaviour and factors such as the length and proximity of removals - which is why short repeated send-homes must be counted, not ignored. United States	U.S. Department of Education, Individuals with Disabilities Education Act website
Foster parents themselves usually carry a reporting duty under state law: Kentucky tells foster parents they have a duty to report dependency, neglect or abuse under KRS 620.030 and gives the 24-hour state hotline number, and this is separate from any agency incident notification. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services
Caregivers have their own confidentiality duty over the paperwork they hold: Kentucky requires foster parents to treat personal or protected health information about the child or the birth family confidentially and to disclose it only to personnel directly assisting the child, such as the worker, mental health professionals or the school counsellor. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services

Page 24 — Caseworker and agency contact directory

Statement	Source
Federal law requires the district, including its point of contact, to collaborate with the child welfare agency on the Title I stability provisions; the specific duties often attributed to the district contact - running and documenting best interest determinations, resolving disputes, facilitating records transfer and immediate enrollment - are listed in guidance as roles that may be assigned, so a caregiver should ask locally who actually does each one. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
The best interest determination is completed by the school district in collaboration with the local child welfare agency point of contact, and it is critical that it includes the student where appropriate and other important people in the student's life with information about their social, emotional and academic needs - which is the foster parent's opening to contribute. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
Caseworker and agency contact sheet: caseworker, supervisor, after-hours or on-call number, licensing worker, private agency case manager, GAL or CASA, agency attorney — An organiser, not a requirement. Named workers change fast in an emergency placement; record the date each contact was confirmed.	Checked against the research record; no public link.
Foster parents and relative or preadoptive caregivers must be given notice of, and a right to be heard in, any proceeding held about the child, although this does not make them a party to the case. United States	U.S. Government Publishing Office (govinfo)
State law can give foster parents both a right to information before placement (with emergency information provided as soon as it is available) and a conditional right to speak to the child's teachers: Kentucky's statute allows communication with teachers, therapists and health care practitioners with an appropriate release of information, and requires the cabinet to be notified of the communication. Kentucky	Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Cabinet for Health and Family Services, Department for Community Based Services

Page 25 — Communication log

Statement	Source
Foster parents and relative or preadoptive caregivers must be given notice of, and a right to be heard in, any proceeding held about the child, although this does not make them a party to the case. United States	U.S. Government Publishing Office (govinfo)
Records request and release-of-information forms (request to inspect, request to the school of origin, agency release to speak with school staff) — A school must respond to a request to inspect within 45 days. Some states condition talking to teachers and therapists on an appropriate release and require notifying the agency (Kentucky) - ask your caseworker what applies.	Checked against the research record; no public link.
State law can give foster parents both a right to information before placement (with emergency information provided as soon as it is available) and a conditional right to speak to the child's teachers: Kentucky's statute allows communication with teachers, therapists and health care practitioners with an appropriate release of information, and requires the cabinet to be notified of the communication. Kentucky	Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Cabinet for Health and Family Services, Department for Community Based Services

Page 26 — District and state points of contact

Statement	Source
Under federal law a Title I school district must designate a foster care point of contact only if the corresponding child welfare agency has notified the district in writing that it has designated its own point of contact; state law may separately require a district contact, so the absence of a federal trigger does not settle the question. United States	Office of the Law Revision Counsel, U.S. House of Representatives
Every state education agency must designate an employee as the foster care point of contact for child welfare agencies, and that person cannot be the state's McKinney-Vento homeless education coordinator; the U.S. Department of Education publishes the current list of state points of contact. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education
Federal law requires the district, including its point of contact, to collaborate with the child welfare agency on the Title I stability provisions; the specific duties often attributed to the district contact - running and documenting best interest determinations, resolving disputes, facilitating records transfer and immediate enrollment - are listed in guidance as roles that may be assigned, so a caregiver should ask locally who actually does each one. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
A state may require its districts to name a foster care contact regardless of the federal trigger: Texas requires each local education agency to designate a Foster Care Liaison, in addition to the ESSA child welfare point of contact. Texas	Texas Education Agency
District foster care point of contact and state education agency foster care point of contact details — Federally, a district must designate a contact only if the child welfare agency has notified it in writing - but state law may require one anyway (Texas does). If the district has none, escalate to the state point of contact.	Checked against the research record; no public link.

Page 27 — Disputes: what to do and who to call

Statement	Source
Federal law does not require dispute procedures, but ED encourages states and child welfare agencies to build them for placement, enrollment and transportation disputes, to design them to finish within five business days, and confirms the child must remain in the school of origin while a dispute is resolved. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
A student in foster care must remain in their school of origin until the district, working with the child welfare agency, completes the best interest determination, and the parties must presume the school of origin is in the student's best interest unless the determination shows otherwise. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
Federal law requires the district, including its point of contact, to collaborate with the child welfare agency on the Title I stability provisions; the specific duties often attributed to the district contact - running and documenting best interest determinations, resolving disputes, facilitating records transfer and immediate enrollment - are listed in guidance as roles that may be assigned, so a caregiver should ask locally who actually does each one. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services

Page 28 — Confidentiality and privacy

Statement	Source
Schools must be told when a student is in foster care for identification and support purposes, but must keep that information confidential and share it only to support the child's education and well-being - so a caregiver should hand over what the school needs, ask who will know, and ask how it will be stored. Texas (state guidance illustrating a general confidentiality expectation)	Texas Education Agency
A school that discloses directory information must tell parents what it has designated, that they may refuse to let any or all of it be designated, and the period within which they must object in writing. The opt-out is limited: it cannot be used to stop school officials identifying the student by name in class, and it does not by itself keep the child's whereabouts private or replace a school safety plan. United States	National Archives, Electronic Code of Federal Regulations Student Privacy Policy Office, U.S. Department of Education
Under FERPA, parent includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian, which is the usual basis on which a foster parent exercises education record rights. United States	National Archives, Electronic Code of Federal Regulations
A school must comply with a request by a parent (including a person acting as a parent) to inspect and review a student's education records within a reasonable period and no more than 45 days after receiving the request. United States	National Archives, Electronic Code of Federal Regulations
FERPA, as amended by the Uninterrupted Scholars Act, allows a school to release education records without parental consent to a child welfare agency caseworker or representative who has the right to access the student's case plan and whose agency is legally responsible for the care and protection of the student. United States	Office of the Law Revision Counsel, U.S. House of Representatives
Records request and release-of-information forms (request to inspect, request to the school of origin, agency release to speak with school staff) — A school must respond to a request to inspect within 45 days. Some states condition talking to teachers and therapists on an appropriate release and require notifying the agency (Kentucky) - ask your caseworker what applies.	Checked against the research record; no public link.
FERPA lets a school disclose education records to a school in which the student seeks or intends to enroll without consent. The school must make a reasonable attempt to notify the parent or eligible student, unless the disclosure was initiated by them or the school's annual FERPA notice says it forwards records to receiving schools; the parent may request a copy and a hearing to challenge the content. Notification is therefore not a barrier that has to be cleared before records can move. United States	National Archives, Electronic Code of Federal Regulations Office of the Law Revision Counsel, U.S. House of Representatives
State law can give foster parents both a right to information before placement (with emergency information provided as soon as it is available) and a conditional right to speak to the child's teachers: Kentucky's statute allows communication with teachers, therapists and health care practitioners with an appropriate release of information, and requires the cabinet to be notified of the communication. Kentucky	Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Cabinet for Health and Family Services, Department for Community Based Services
Caregivers have their own confidentiality duty over the paperwork they hold: Kentucky requires foster parents to treat personal or protected health information about the child or the birth family confidentially and to disclose it only to personnel directly assisting the child, such as the worker, mental health professionals or the school counsellor. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services

Page 29 — Safety at school: pickup and contact

Statement	Source
Authorised pick-up and release list, emergency contacts, and a note of any court-ordered contact restrictions — Ask the caseworker in writing who may collect the child, whether any order limits contact, and how family contact is arranged; ask the school to confirm its release protocol in writing. Restricting contact does not automatically remove a birth parent's record rights under FERPA.	Checked against the research record; no public link.
Schools must be told when a student is in foster care for identification and support purposes, but must keep that information confidential and share it only to support the child's education and well-being - so a caregiver should hand over what the school needs, ask who will know, and ask how it will be stored. Texas (state guidance illustrating a general confidentiality expectation)	Texas Education Agency
State law can give foster parents both a right to information before placement (with emergency information provided as soon as it is available) and a conditional right to speak to the child's teachers: Kentucky's statute allows communication with teachers, therapists and health care practitioners with an appropriate release of information, and requires the cabinet to be notified of the communication. Kentucky	Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Legislative Research Commission, Kentucky Revised Statutes Kentucky Cabinet for Health and Family Services, Department for Community Based Services
Some school and activity forms are outside a foster parent's authority and need caseworker, birth parent, team or court approval, and Kentucky's handbook tells foster parents not to sign forms promising to pay bills or pay for medical care. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services Kentucky Cabinet for Health and Family Services, Department for Community Based Services
Unless the school is given evidence of a court order, state law or other legally binding document to the contrary, FERPA gives custodial and non-custodial parents alike rights over their children's education records - so a birth parent may retain record rights even where contact with the child is restricted, and these are different questions. United States	Student Privacy Policy Office, U.S. Department of Education

Page 30 — Free meals and school costs

Statement	Source
Children in foster care are categorically eligible for free school meals and free milk regardless of household income. A district may directly certify them using an official document of foster status from a state or local agency or a court, and where that has not happened an application identifying the child as a foster child is the alternative route - so a caregiver should never refuse the form and leave the child without meals. United States	National Archives, Electronic Code of Federal Regulations National Archives, Electronic Code of Federal Regulations
Documentation of foster status for school meals — Eligibility is categorical, but eligibility is not the same as certification: if the child has not been directly certified, complete the application identifying the child as a foster child rather than refusing it, and sort the first day's lunch immediately.	Checked against the research record; no public link.
Federal guidance encourages districts to stop school costs from harming students in foster care, including collaborating with child welfare agencies to cover graduation costs normally paid by parents and ensuring outstanding fees such as library fines do not bar a student from earning a diploma. Whether fees are waived is a district and state matter to ask about. United States	U.S. Department of Education and U.S. Department of Health and Human Services
Federal foster care maintenance payments are defined to cover school supplies and reasonable travel for the child to remain in the school they were enrolled in at the time of placement. This defines what the maintenance payment is meant to include; it does not by itself create a separate reimbursement to the caregiver, so any driving or expense arrangement should be agreed with the agency in advance. United States	U.S. Government Publishing Office (govinfo)
Federal tax law excludes qualified foster care payments from gross income, but the exclusion is limited - for example difficulty of care payments are excludable only up to stated numbers of children - so a caregiver should keep expense records and take tax questions to a tax professional or current IRS guidance rather than assuming every payment or expense is treated the same way. United States	Office of the Law Revision Counsel, U.S. House of Representatives Office of the Law Revision Counsel, U.S. House of Representatives

Page 31 — Attendance tracker

Statement	Source
A child's federally required case plan must include a plan for educational stability with assurances about placement proximity, coordination with the school district, and immediate and appropriate enrollment with records if a school change is best. Separately, the state plan must assure that a child of compulsory school age receiving a title IV-E payment is a full-time elementary or secondary student or has completed secondary school, with qualifying alternatives including home instruction, an independent study programme administered by the local school or district, and medical incapacity. United States	U.S. Government Publishing Office (govinfo) Office of the Law Revision Counsel, U.S. House of Representatives
Students in foster care are more likely to be chronically absent than their peers, with barriers including placement changes, court hearings and other child-welfare appointments during school hours, and lack of transportation. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services

Page 32 — Credits, transcripts and graduation

Statement	Source
Students in foster care can lose credits when they move because course offerings, credit calculations and graduation requirements differ between states, districts and schools; federal guidance encourages districts to award credit for all completed coursework, consult the prior school, accept partial credits and offer credit recovery. United States	U.S. Department of Education and U.S. Department of Health and Human Services
Federal guidance encourages districts to stop school costs from harming students in foster care, including collaborating with child welfare agencies to cover graduation costs normally paid by parents and ensuring outstanding fees such as library fines do not bar a student from earning a diploma. Whether fees are waived is a district and state matter to ask about. United States	U.S. Department of Education and U.S. Department of Health and Human Services
A child's federally required case plan must include a plan for educational stability with assurances about placement proximity, coordination with the school district, and immediate and appropriate enrollment with records if a school change is best. Separately, the state plan must assure that a child of compulsory school age receiving a title IV-E payment is a full-time elementary or secondary student or has completed secondary school, with qualifying alternatives including home instruction, an independent study programme administered by the local school or district, and medical incapacity. United States	U.S. Government Publishing Office (govinfo) Office of the Law Revision Counsel, U.S. House of Representatives

Page 33 — Extracurriculars and permissions

Statement	Source
Federal law defines a reasonable and prudent parent standard that the caregiver uses when deciding whether to let a child in foster care take part in extracurricular, enrichment, cultural and social activities, so many day-to-day school activity decisions sit with the caregiver within agency policy. United States	U.S. Government Publishing Office (govinfo)
State foster care bills of rights set out that children in care may go to school and get an education that fits their age and individual needs and take part in age-appropriate childhood and extracurricular activities including sports, band and field trips; Texas publishes such a list. Texas	Texas Department of Family and Protective Services Texas Department of Family and Protective Services
Consent forms for photographs, media, publicity, yearbook, online platforms, field trips and out-of-district activities — Day-to-day activities are generally the caregiver's call under the reasonable and prudent parent standard, but publicity photographs, media and special-school registration commonly need approval. Directory opt-out has a written deadline and does not stop staff identifying the child in class.	Checked against the research record; no public link.
A school that discloses directory information must tell parents what it has designated, that they may refuse to let any or all of it be designated, and the period within which they must object in writing. The opt-out is limited: it cannot be used to stop school officials identifying the student by name in class, and it does not by itself keep the child's whereabouts private or replace a school safety plan. United States	National Archives, Electronic Code of Federal Regulations Student Privacy Policy Office, U.S. Department of Education
Some school and activity forms are outside a foster parent's authority and need caseworker, birth parent, team or court approval, and Kentucky's handbook tells foster parents not to sign forms promising to pay bills or pay for medical care. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services Kentucky Cabinet for Health and Family Services, Department for Community Based Services

Page 34 — Handover and moving on

Statement	Source
The Title I stability provisions stop applying when a student exits foster care - by reunification, guardianship or adoption - although ED encourages states and districts to adopt policies letting a student who exits during the school year stay at the school of origin through at least the end of that year. School-of-origin transport arrangements should be checked at that point. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
A student in foster care must remain in their school of origin for the duration of their time in foster care unless a determination is made that remaining there is not in their best interest, so the right does not expire after the first weeks of a placement. United States	U.S. Department of Education and U.S. Department of Health and Human Services
Federal law requires the child's health and education record to be reviewed, updated and a copy supplied to the foster parent or foster care provider at the time of each placement, and supplied free to the young person when they leave care at the age of majority, so a caregiver can ask the caseworker for it rather than reconstructing it. United States	U.S. Government Publishing Office (govinfo)
Belongings, clothing and school-equipment inventory including devices the school issues — State expectations differ; Washington tells caregivers to make sure belongings go with the child and to hold anything left behind for at least 30 days.	Checked against the research record; no public link.
Kentucky's foster parent handbook treats a lifebook as a significant link to the child's past and a collection of historical events and stories about the child's family and life, which is where school photos, certificates and work samples collected during a short placement belong. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services
School-of-origin contact and records-chase log (school name, registrar, counsellor, teacher, dates requested and received) — Your own log is the only way to evidence a delay when the statutory duty sits with the schools.	Checked against the research record; no public link.
When a child leaves a foster home their personal belongings, including items they arrived with and items acquired during the placement, should go with them; Washington State tells caregivers to keep anything left behind safe for at least 30 days. Washington	Washington State Department of Children, Youth, and Families Washington State Department of Children, Youth, and Families
If a best interest determination concludes that remaining in the school of origin is not in the child's best interest, the child must be immediately enrolled in the new school even without records normally required for enrollment, and the enrolling school must immediately contact the school last attended for relevant academic and other records. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education and U.S. Department of Health and Human Services
Federal law requires the district, including its point of contact, to collaborate with the child welfare agency on the Title I stability provisions; the specific duties often attributed to the district contact - running and documenting best interest determinations, resolving disputes, facilitating records transfer and immediate enrollment - are listed in guidance as roles that may be assigned, so a caregiver should ask locally who actually does each one. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services

Page 35 — Belongings and school equipment inventory

Statement	Source
Belongings, clothing and school-equipment inventory including devices the school issues — State expectations differ; Washington tells caregivers to make sure belongings go with the child and to hold anything left behind for at least 30 days.	Checked against the research record; no public link.
When a child leaves a foster home their personal belongings, including items they arrived with and items acquired during the placement, should go with them; Washington State tells caregivers to keep anything left behind safe for at least 30 days. Washington	Washington State Department of Children, Youth, and Families Washington State Department of Children, Youth, and Families

Page 36 — Respite and substitute caregivers

Statement	Source
Who may care for the child in the caregiver's place is regulated: Kentucky sets requirements a respite provider must meet before a foster home can use them, including training, background checks, signing the discipline policy and completing a confidentiality form, and treats selecting occasional short-term babysitters for periods of 24 hours or less as a normalcy decision under its policy. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services Kentucky Cabinet for Health and Family Services, Department for Community Based Services
Some school and activity forms are outside a foster parent's authority and need caseworker, birth parent, team or court approval, and Kentucky's handbook tells foster parents not to sign forms promising to pay bills or pay for medical care. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services Kentucky Cabinet for Health and Family Services, Department for Community Based Services
Respite or substitute caregiver handoff sheet — Approval, school pick-up authority, medication delegation and emergency consent for a substitute carer are state and agency set - Kentucky, for example, requires training, background checks and a confidentiality form for non-approved respite providers. Confirm before you need it.	Checked against the research record; no public link.
State and agency rules, not federal law, set medication duties for caregivers: Kentucky requires foster parents to inform the agency within one working day of any psychotropic medication prescribed for a child, and to document administration of all medications daily on the DPP-106H Medication Administration History form. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services Kentucky Cabinet for Health and Family Services, Department for Community Based Services

Page 37 — Court and case review prep

Statement	Source
Students in foster care are more likely to be chronically absent than their peers, with barriers including placement changes, court hearings and other child-welfare appointments during school hours, and lack of transportation. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
Students in foster care can lose credits when they move because course offerings, credit calculations and graduation requirements differ between states, districts and schools; federal guidance encourages districts to award credit for all completed coursework, consult the prior school, accept partial credits and offer credit recovery. United States	U.S. Department of Education and U.S. Department of Health and Human Services
Foster parents and relative or preadoptive caregivers must be given notice of, and a right to be heard in, any proceeding held about the child, although this does not make them a party to the case. United States	U.S. Government Publishing Office (govinfo)

Page 38 — English learners

Statement

Source

Where the child is an English learner, Title VI and the Equal Educational Opportunities Act require schools to identify and assess them promptly, provide a language assistance programme, give equal access to curricular and extracurricular activities, and ensure meaningful communication with parents who have limited English proficiency - and language needs should be considered in the best interest process. United States

U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services

Page 39 — Under-fives: preschool, Head Start and Part C

Statement	Source
Where a district offers public preschool, the Title I stability provisions apply to preschool-age children in foster care, including remaining in their preschool of origin unless a best interest determination says otherwise. United States	U.S. Department of Education and U.S. Department of Health and Human Services
A child in foster care is categorically eligible for Head Start on the basis of foster status regardless of income, and staff must accept a court order or other legal or government-issued document, a written statement from a government child welfare official, or proof of a foster care payment as verification. Eligibility is not a guarantee of an immediate place. United States	National Archives, Electronic Code of Federal Regulations Office of Head Start, U.S. Department of Health and Human Services
A state's CAPTA plan must include provisions and procedures for referring a child under the age of 3 who is involved in a substantiated case of child abuse or neglect to early intervention services funded under Part C of the Individuals with Disabilities Education Act.	Cornell Law School Legal Information Institute (42 U.S.C. 5106a) “referral of a child under the age of 3 who is involved in a substantiated case of child abuse or neglect to early intervention services funded under part C”

Page 40 — Kinship placements: does this apply to you?

Statement	Source
The Title I educational stability provisions apply to formal kinship care placements made by a child welfare agency with placement and care responsibility, but not to children informally living with relatives. United States	U.S. Department of Education and U.S. Department of Health and Human Services

Page 41 — Sibling groups: duplicate packs

Statement	Source
Under Title I of the ESEA, a child who enters foster care or changes foster care placement must enrol or remain in their school of origin unless a determination is made that this is not in the child's best interest, based on all factors including the appropriateness of the current educational setting and proximity to the school the child was enrolled in at the time of placement. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education and U.S. Department of Health and Human Services

Page 42 — Foster care and McKinney-Vento

Statement	Source
Students in foster care are not typically eligible for McKinney-Vento homeless education services, but there are exceptions - for example a child who runs away from placement or is displaced with their caregivers by a natural disaster - and the homeless liaison decides eligibility case by case on the facts of the child's nighttime residence. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
Every state education agency must designate an employee as the foster care point of contact for child welfare agencies, and that person cannot be the state's McKinney-Vento homeless education coordinator; the U.S. Department of Education publishes the current list of state points of contact. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education

Page 43 — Cross-state placements and ICPC

Statement	Source
The Interstate Compact on the Placement of Children is compact law enacted by the states and administered by state child welfare agencies; it governs how a cross-boundary placement is arranged and approved. It is a child welfare process, not a school enrollment rule, and must not be used as a reason to delay a child's enrollment. United States - compact enacted in state law; Washington shown as an example	Washington State Department of Children, Youth, and Families U.S. Department of Education and U.S. Department of Health and Human Services
An interstate IEP transfer follows a different path: where the child transfers from another state and enrols in a new school in the same school year, the new agency, in consultation with the parents, must provide FAPE including comparable services until it conducts an evaluation if it determines one is necessary and develops, adopts and implements a new IEP if appropriate. United States	U.S. Department of Education, Individuals with Disabilities Education Act website

Page 44 — Consolidated deadline tracker

Statement	Source
Under IDEA a foster parent is a parent unless state law, regulation or a contractual obligation prohibits it - but that is not the end of the test: where more than one party qualifies, a biological or adoptive parent attempting to act as the parent is presumed to be the parent unless they lack legal authority to make education decisions, and a judicial decree naming someone to act as parent controls. United States	National Archives, Electronic Code of Federal Regulations U.S. Department of Education, Individuals with Disabilities Education Act website U.S. Department of Education and U.S. Department of Health and Human Services
A surrogate parent is not automatic for every child in state custody: IDEA's ward of the State definition excludes a foster child who has a foster parent meeting the definition of parent. Where a surrogate is needed the public agency must assign one, a judge may appoint one for a ward of the State, and the state education agency must make reasonable efforts to assign one within 30 days of the determination that one is needed. United States	National Archives, Electronic Code of Federal Regulations U.S. Department of Education, Individuals with Disabilities Education Act website U.S. Department of Education, Individuals with Disabilities Education Act website
In some states the birth parent keeps education decision-making authority and a foster parent can only share it with written permission. Kentucky's procedure for special education and early intervention decisions is that, if the birth parent agrees to let the foster or adoptive parent co-serve as parent for educational decisions, the birth parent signs the DPP-330 Educational Advocacy Request Form and may rescind it at any time. This procedure governs those decisions, not every routine school matter. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services, Standards of Practice Online Manual Kentucky Cabinet for Health and Family Services, Department for Community Based Services, Standards of Practice Online Manual
Consolidated deadline tracker — Design fields for the triggering event, whether the count is calendar, business or school days, the source of the rule, who is responsible, the date confirmed and an escalation date - because federal benchmarks, state deadlines and district practice all run on different clocks.	Checked against the research record; no public link.
If a best interest determination concludes that remaining in the school of origin is not in the child's best interest, the child must be immediately enrolled in the new school even without records normally required for enrollment, and the enrolling school must immediately contact the school last attended for relevant academic and other records. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education and U.S. Department of Health and Human Services
A school must comply with a request by a parent (including a person acting as a parent) to inspect and review a student's education records within a reasonable period and no more than 45 days after receiving the request. United States	National Archives, Electronic Code of Federal Regulations

Page 45 — Expense and mileage log

Statement	Source
Federal foster care maintenance payments are defined to cover school supplies and reasonable travel for the child to remain in the school they were enrolled in at the time of placement. This defines what the maintenance payment is meant to include; it does not by itself create a separate reimbursement to the caregiver, so any driving or expense arrangement should be agreed with the agency in advance. United States	U.S. Government Publishing Office (govinfo)
Federal guidance encourages districts to stop school costs from harming students in foster care, including collaborating with child welfare agencies to cover graduation costs normally paid by parents and ensuring outstanding fees such as library fines do not bar a student from earning a diploma. Whether fees are waived is a district and state matter to ask about. United States	U.S. Department of Education and U.S. Department of Health and Human Services
Expense and mileage log for school-related costs — Maintenance payments are defined to include school supplies and reasonable travel to keep the child in their school, which is not the same as an automatic extra reimbursement; agree arrangements in advance. Take tax questions to a professional.	Checked against the research record; no public link.
Federal tax law excludes qualified foster care payments from gross income, but the exclusion is limited - for example difficulty of care payments are excludable only up to stated numbers of children - so a caregiver should keep expense records and take tax questions to a tax professional or current IRS guidance rather than assuming every payment or expense is treated the same way. United States	Office of the Law Revision Counsel, U.S. House of Representatives Office of the Law Revision Counsel, U.S. House of Representatives

Page 46 — Your state's foster care education contact (1 of 4)

Statement	Source
Every state education agency must designate an employee as the foster care point of contact for child welfare agencies, and that person cannot be the state's McKinney-Vento homeless education coordinator; the U.S. Department of Education publishes the current list of state points of contact. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education

Page 48 — Your state's foster care education contact (3 of 4)

Statement	Source
Every state education agency must designate an employee as the foster care point of contact for child welfare agencies, and that person cannot be the state's McKinney-Vento homeless education coordinator; the U.S. Department of Education publishes the current list of state points of contact. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education

Page 49 — Your state's foster care education contact (4 of 4)

Statement	Source
Every state education agency must designate an employee as the foster care point of contact for child welfare agencies, and that person cannot be the state's McKinney-Vento homeless education coordinator; the U.S. Department of Education publishes the current list of state points of contact. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education

Page 50 — My state's rules

Statement	Source
School entry immunization requirements are set by state law and therefore differ from state to state, including which vaccines are required and what exemptions exist, so a foster parent must check the rules of the state and district where the child is being enrolled. United States - varies by state	Centers for Disease Control and Prevention
In some states the birth parent keeps education decision-making authority and a foster parent can only share it with written permission. Kentucky's procedure for special education and early intervention decisions is that, if the birth parent agrees to let the foster or adoptive parent co-serve as parent for educational decisions, the birth parent signs the DPP-330 Educational Advocacy Request Form and may rescind it at any time. This procedure governs those decisions, not every routine school matter. Kentucky	Kentucky Cabinet for Health and Family Services, Department for Community Based Services, Standards of Practice Online Manual Kentucky Cabinet for Health and Family Services, Department for Community Based Services, Standards of Practice Online Manual

Page 51 — Sources and checking your local rules

Statement	Source
The current federal guidance on educational stability for students in foster care is the November 2024 ED/HHS non-regulatory guidance, which supersedes the 2016 joint guidance; other than the statutory and regulatory requirements it restates, the guidance does not have the force of law. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
Federal law requires the district, including its point of contact, to collaborate with the child welfare agency on the Title I stability provisions; the specific duties often attributed to the district contact - running and documenting best interest determinations, resolving disputes, facilitating records transfer and immediate enrollment - are listed in guidance as roles that may be assigned, so a caregiver should ask locally who actually does each one. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
School entry immunization requirements are set by state law and therefore differ from state to state, including which vaccines are required and what exemptions exist, so a foster parent must check the rules of the state and district where the child is being enrolled. United States - varies by state	Centers for Disease Control and Prevention

Page 52 — Common mistakes to avoid

Statement	Source
Under Title I of the ESEA, a child who enters foster care or changes foster care placement must enrol or remain in their school of origin unless a determination is made that this is not in the child's best interest, based on all factors including the appropriateness of the current educational setting and proximity to the school the child was enrolled in at the time of placement. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education and U.S. Department of Health and Human Services
If a best interest determination concludes that remaining in the school of origin is not in the child's best interest, the child must be immediately enrolled in the new school even without records normally required for enrollment, and the enrolling school must immediately contact the school last attended for relevant academic and other records. United States	Office of the Law Revision Counsel, U.S. House of Representatives U.S. Department of Education and U.S. Department of Health and Human Services
Under IDEA a foster parent is a parent unless state law, regulation or a contractual obligation prohibits it - but that is not the end of the test: where more than one party qualifies, a biological or adoptive parent attempting to act as the parent is presumed to be the parent unless they lack legal authority to make education decisions, and a judicial decree naming someone to act as parent controls. United States	National Archives, Electronic Code of Federal Regulations U.S. Department of Education, Individuals with Disabilities Education Act website U.S. Department of Education and U.S. Department of Health and Human Services
Section 504 is a separate law from IDEA: a child may have a disability under Section 504 and be entitled to aids and services without an IEP, and when a student with a 504 plan transfers, the receiving district should review the plan and supporting documentation and must implement it if a knowledgeable group finds it appropriate, or evaluate the student under Section 504 procedures if it does not. United States	Office for Civil Rights, U.S. Department of Education U.S. Department of Education and U.S. Department of Health and Human Services
Federal law does not require dispute procedures, but ED encourages states and child welfare agencies to build them for placement, enrollment and transportation disputes, to design them to finish within five business days, and confirms the child must remain in the school of origin while a dispute is resolved. United States	U.S. Department of Education and U.S. Department of Health and Human Services U.S. Department of Education and U.S. Department of Health and Human Services
Schools must be told when a student is in foster care for identification and support purposes, but must keep that information confidential and share it only to support the child's education and well-being - so a caregiver should hand over what the school needs, ask who will know, and ask how it will be stored. Texas (state guidance illustrating a general confidentiality expectation)	Texas Education Agency
A disciplinary change of placement happens if a removal is for more than 10 consecutive school days, or if a series of removals forms a pattern totalling more than 10 school days in a year with substantially similar behaviour and factors such as the length and proximity of removals - which is why short repeated send-homes must be counted, not ignored. United States	U.S. Department of Education, Individuals with Disabilities Education Act website