Foster Care
NYS and the Federal government have recognized the unique needs of children in foster care by providing guidance and enacting laws to increase educational stability and improve the educational outcomes achieved. The state and federal laws and guidance clarify joint responsibilities of educational and child welfare agencies to continually collaborate so that the provisions are successfully implemented and students in foster care achieve educational stability.
Updates and Memos
- March 17, 2022 - Students in Foster Care: Tool Kit for Local Education Agencies and Local Departments of Social Services - Revised 2022
- February 9, 2022 - Every Student Succeeds Act - ESSA Toolkit Updates
- OCFS Local Transportation Agreement for Students in Foster Care
- OCFS Individual Transportation Agreement for a Student in Foster Care
- All forms in the toolkit are available as separate fillable forms on the OCFS website: Form Search | Forms | OCFS (ny.gov)
- August 21, 2018 - NYSED Memo: Educational Stability of Students in Foster Care New Law and Guidance Toolkit
- June 22, 2016 - US Department of Education Memo: Non-Regulatory Guidance: Ensuring Educational Stability for Children in Foster Care
- April 2018 - Fostering Success in Education: National Factsheet on the Education Outcomes of Children in Foster Care
- December 2, 2016 - NYSED Memo: Educational Stability and Transportation Provisions for Students in Foster Care
Laws and Regulations
Federal Laws
- Fostering Connections Act (FCA)
- Family Educational Rights and Privacy Act (FERPA)
- Uninterrupted Scholars Act
State Laws
- Education Law §3244 - Education of children in foster care
- Education Law §3202 - Public schools free to resident pupils; tuition from nonresident pupils
Resources
- Office of Children and Family Services (OCFS)
- Pupil Transportation Services
- Foster Youth College Success Initiative Program
Points of Contact (POC)
- Public School District and Charter School POC for Foster Care
- List of Local District Social Services POC
NYSED Foster Care POC
- 518-486-6090
- studentsupportservices@nysed.gov
NYSED Foster Care Transportation
- 518-474-6541
- emscmgts@nysed.gov