The Legal Center for Foster Care and Education and the National Center for Homeless Education present this brief to provide a framework for local homeless education liaisons, educators, child welfare caseworkers, and other child welfare advocates for assessing best interest when selecting a school for students in out-of-home care. While the brief focuses on students "awaiting foster care placement" under the McKinney-Vento Act, it provides information relevant to school selection and school stability for all children and youth in out-of-home care. Two federal laws give children and youth in out-of-home care certain rights to remain stable in one school despite changes in their living placement: The McKinney-Vento Homeless Assistance Act and the Fostering Connections to Success and Increasing Adoptions Act. (Contains 2 footnotes.) [This paper was developed with Legal Center for Foster Care and Education.]
- Authorizing Institution
- National Center for Homeless Education at SERVE
- Education Level
- Elementary Secondary Education
- Laws Policies and Programs
- Stewart B McKinney Homeless Assistance Act 1987
- Peer Reviewed
- F
- Publication Type
- Reports - Descriptive
- Published in
- United States of America
- Sponsor
- Office of Elementary and Secondary Education (ED), Student Achievement and School Accountability Programs
Table of Contents
- Introduction 1
- Legal Center for Foster Care and Education National Center for Homeless Education 1
- McKinney-Vento Homeless Assistance Act Fostering Connections to Success and Increasing Adoptions Act 1
- Legal Background The McKinney- Vento Act 1
- School Selection Under McKinney-Vento 2
- Schools Defined Under McKinney-Vento 2
- School of Origin 2
- Local Attendance Area School 2
- Best Interest Under McKinney-Vento 2
- U.S. Department of Education Education for Homeless Children and Youth Program Guidance 3
- G-4. What should a school district consider when determining the extent to which it is feasible to educate a homeless child in his or her school of origin 3
- Legal Background The Fostering Connections Act 3
- How do McKinney-Vento and Fostering Connections Work Together 3
- School Stability Under Fostering Connections 4
- Making Best Interest Decisions 4
- Key Questions to Consider When Making a School Selection 5
- Conclusion 6
- Additional Information 6
- Continuity of instruction 7
- Student is best served due to circumstances that look to his or her past. 7
- Continuity of instruction 7
- Student is best served due to circumstances that look to his or her future. 7
- Age and grade placement of the student 7
- Maintaining friends and contacts with peers is critical to the students meaningful school experience and participation. The student has been in this environment for an extended period of time. 7
- Age and grade placement of the student 7
- Academic strength 7
- The childs academic performance is weak and the child would fall further behind if heshe transferred to another school. 7
- Academic strength 7
- The childs academic performance is strong and at grade level and the child would likely recover academically from a school transfer. 7
- Social and emotional state 7
- The child is suffering from the effects of mobility has developed strong ties to the current school and does not want to leave. 7
- Social and emotional state 7
- The child seems to be coping adequately with mobility does not feel strong ties to the current school and does not mind transferring. 7
- Distance of the commute and its impact on the students education andor special needs 7
- The advantages of remaining in the school of origin outweigh any potential disadvantages presented by the length of the commute. 7
- Distance of the commute and its impact on the students education andor special needs 7
- A shorter commute may help the students concentration attitude or readiness for school. The local attendance area school can meet all of the necessary educational and special needs of the student. 7
- Personal safety of the student 7
- The school of origin has advantages for the safety of the student. 7
- Personal safety of the student 7
- The local attendance area school has advantages for the safety of the student. 7
- Students need for special instruction 7
- The students need for special instruction such as Section 504 or special education and related services can be met better at the school of origin. 7
- Students need for special instruction 7
- The students need for special instruction such as Section 504 or special education and related services can be met better at the local attendance area school. 7
- Length of anticipated stay in a temporary shelter or other temporary location 7
- Length of anticipated stay in a temporary shelter or other temporary location 7
- The students current living situation appears stable and unlikely to change suddenly the student will benefit from developing relationships with school peers who live in his local community. 7
- School Selection for Students in Out-of-Home Care 8
- Local Contact Information 8
