How Can State Law Support School Continuity and Success for Students in Foster Care_Page_1This brief is authored by The Legal Center for Foster Care and Education, a collaboration between the American Bar Association Center on Children and the Law, Education Law Center (PA), and Juvenile Law Center.

The federal Fostering Connections Act of 2008 and the McKinney-Vento Act both provide education stability for children in foster care, especially children “awaiting foster care placement.” Many state laws address improving education opportunities for children in care. Some expand the number of children entitled to McKinney-Vento protections by defining which children in care meet the definition of “awaiting foster care placement.” Some states imbed the Fostering Connections and McKinney-Vento requirements relating to school stability and seamless transitions in their state laws. Other states expand upon these federal protections. This brief examines what states are already doing to ensure the educational needs of children in care are met and makes recommendations on how states can improve their laws.