Legislative Milestones for the Educational Stability of Foster Care Youth
Together, these legislative milestones provide greater school stability for foster care youth and place youth on a path towards a brighter future.
The Fostering Connections to Success and Increasing Adoptions Act was signed into law on October 7, 2008. Fostering Connections requires child welfare agencies to collaborate with educational agencies to keep children in foster care in the same school when living placements change if remaining in that school is in their best interest. The U.S. Department of Health and Human Services (HHS) issued guidance on the Fostering Connections Act in July 2010.
The Uninterrupted Scholars Act was passed by Congress in January 2013, which amended the Family Educational Rights and Privacy Act (FERPA). The Act permits educational agencies and institutions to disclose education records of students in foster care to child welfare agencies, without parental or eligible student consent. The Pennsylvania Departments of Education and Human Services (formerly Public Welfare) issued a joint statement regarding the Uninterrupted Scholars Act in February 2013.
The Every Student Succeeds Act (ESSA) was signed by President Obama on December 10, 2015. The ESSA reauthorizes the 50-year-old Elementary and Secondary Education Act (ESEA), the nation’s education law and longstanding commitment to equal opportunity for all students. For the first time in federal education law, state and local education agencies are required to provide specific protection for youth in foster care. Read the Elementary and Secondary Education Act, as amended by The Every Student Succeeds Act.
Key Guidance
On June 23, 2016, U.S. Departments of Education and Health and Human Services issued joint non-regulatory guidance to state and local education and child welfare agencies on the new provisions in the Every Student Succeeds Act (ESSA) for supporting children in foster care. Their Non-Regulatory Guidance: Ensuring Educational Stability for Children in Foster Care PDF aims to assist state and local partners in understanding and implementing the new law.
On November 29, 2016, the Pennsylvania Departments of Education and Human Services issued the ESSA Supporting Students in Foster Care joint guidance PDF to further promote awareness among PA’s local education agencies (LEAs) and county children and youth agencies (CCYAs) of key changes and requirements.
On January 26, 2022, Act 1 Assisting Students Experiencing Education Instability, was signed into Pennsylvania law. Act 1 of 2022 (Act 1) promotes timely high school graduation and facilitates equal access to academics and extracurricular activities and the removal of systemic barriers for students who experience education instability as defined by the legislation. Students in foster care placement changing school entities are eligible for Act 1. Learn more about Act 1.
On April 29, 2022, the Pennsylvania Department of Human Services – Office of Children, Youth, and Families released a memorandum titled Guidance Regarding Maintaining Confidentiality When Sharing Information with Schools. This memorandum emphasizes the importance of establishing formal mechanisms for sharing between County Children and Youth Agencies (CCYA) and Local Education Agencies (LEA). The memorandum also encourages CCYA staff to notify LEAs of a students placement in foster care using the standardized County Children and Youth Agency Foster Care Placement Notification Form.
On May 19, 2023, the Pennsylvania Department of Education released the PENN*LINK Ensuring Educational Stability for Children and Youth in Foster Care, which reviewed LEA responsibilities and provided guidance on children in foster care placed in residential facilities.
On November 15, 2024, the U.S. Departments of Education and Health and Human Services issued Ensuring Educational Stability and Success for Students in Foster Care Non-Regulatory Guidance. This new joint non-regulatory provides guidance to state and local education and child welfare agencies on ensuring educational stability for children in foster care. It offers updated assistance to state and local partners in understanding and implementing key provisions of the Every Student Succeeds Act and best practices pertaining to education stability for children and youth in foster care.
In response to the new federal guidance released in 2024, please read the August 4, 2025, Dear Colleague Letter from Acting Secretary Carrie Rowe, Pennsylvania Department of Education and Secretary Valerie Arkoosh, Pennsylvania Department of Human Services. This letter introduces PA’s plans to implement updated guidance.
Additional United States Department of Education Guidance
Office of Elementary and Secondary Education Students in Foster Care
Office of Elementary and Secondary Education Students in Foster Care Resources
Pennsylvania Department of Education Basic Education Circulars
A Basic Education Circular (BEC) provides the Department of Education’s guidance on the implementation of law, regulation and policy. This collection of BECs has been curated to assist with the education of children and youth with foster care experience.
Surrogate Parents
The purpose of this Basic Educational Circular is to provide guidance regarding the duty of the local educational agency (LEA) to appoint a surrogate parent. A surrogate parent is defined as a person who acts in the place of the parent to make educational decisions on behalf of children who are or may be eligible for special education services under the Individuals with Disabilities Education Act (IDEA) in all matters relating to the identification, evaluation, educational placement, and provision of a free appropriate public education (FAPE).
Read Surrogate Parents Circular
Enrollment of Students
This Basic Education Circular (BEC) provides guidance regarding public school enrollment procedures for resident and non-resident children. It replaces the following BECs: Enrollment of Students, 24 P.S. 13-1301 and Education of Children Residing with an Adult Other than the Natural Parent, 24 P.S. 13-1302 and reflects current requirements of the Pennsylvania Public School Code and 22 Pa. Code, Chapter 11. These public school enrollment procedures, consistent with law, exist to ensure that public schools promptly enroll students who are residents or who are eligible non-residents.
Read Enrollment of Students Circular
Nonresident Students in Institutions
Students who are residing in a “children’s institution” whose parents are not residents of the school district in which the institution is located are identified as “1306” students. These students may be in a variety of residential centers, homes or institutions, such as Drug and Alcohol Treatment Centers, homes for orphans or other “institutions for the care and training for orphans or other children.”
Read Nonresident Students Circular
Educational Programs for Students in Non-educational Programs
The purpose of this Basic Education Circular (BEC) is to:
- Set forth the Pennsylvania Department of Education’s opinion of federal and state law with respect to school districts’ duty to educate students with disabilities who reside in residential facilities within the school districts’ boundaries.
- Describe the joint policy of the Pennsylvania Department of Human Services (DHS) and the Pennsylvania Department of Education (PDE) prohibiting the bundling of education and other services in Non-Educational Placements licensed by DHS.
This BEC does not apply to children who are placed in an educational program directly by their resident school district, charter school, or cyber charter school. The following BECs provide specific guidance on students placed in Non-Educational Placements:
- Private Residential Rehabilitation Institutions (PRRIs) (24 P.S. § 9- 914.1-A)
- Determination of Residence of Children Living in Pennsylvania Institutions (24 P.S. § 13-1308), and
- Nonresident Students in Institutions (24 P.S. § 13-1306)
Read Educational Programs for Students in Non-educational Programs Circular
Act 1 of 2022, Assisting Students Experiencing Educational Instability
Act 1 of 2022 (Act 1) promotes timely high school graduation and facilitates equal access to academics and extracurricular activities and the removal of systemic barriers for students who experience education instability as defined by the legislation.
Additionally, Act 1 confers specific duties on all school entities, including school districts, charter schools, regional charter schools, cyber charter schools, intermediate units, and career and technical schools. Act 1 does not in any way alter or undermine the rights of students with disabilities or abridge other state or federal laws that protect eligible students.
Find training, guidance, and tools on Pennsylvania’s Act 1 resource hub website.