Title I, Part A - Students in Foster Care

Under Title I, Part A of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA) of 2015, students in foster care have important rights to educational stability and success. These provisions are grounded in collaboration among State Educational Agencies (SEAs), school administrative units (SAUs), and child welfare agencies to ensure that students in foster care have equitable access to educational opportunities and the supports needed to achieve at the same high levels as their peers.

Title I, Part A educational stability provisions include the right for students in foster care to:

• Remain in their SAU and school of origin during their time in foster care, even when their foster care placement is outside of the SAU's catchment area, when it is determined to be in the student's best interest
• Participate in a collaborative, student-centered Best Interest Determination (BID) process to determine whether it is in the student's best interest to remain in the SAU/school of origin or enroll in the SAU/school of residence
• Receive transportation to and from the SAU/school of origin when remaining in the school of origin is determined to be in the student's best interest
• Immediate enrollment in the SAU/school of residence when a Best Interest Determination determines that changing schools is in the student's best interest, even if educational records are not immediately available
• Coordinated support and collaboration among the Maine DOE, SAUs, and the Maine Office of Child and Family Services (OCFS), supported by designated foster care points of contact within each SAU, each OCFS district, the Maine DOE, and Maine DHHS

Implementation of these provisions must align with other applicable federal laws, including Title VI of the Civil Rights Act of 1964, the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973. Collectively, these rights promote educational stability, belonging, and success for students in foster care by reducing disruption, maintaining meaningful school connections, and supporting continuity of learning and access to college, career, and life opportunities.

An important part of supporting students in foster care is ensuring clear communication and collaboration among schools, child welfare partners, and families. Each SAU, OCFS district, and Maine DOE and DHHS agency has designated Foster Care Points of Contact (POC) to assist with questions related to school stability, enrollment, transportation, and the Best Interest Determination process.