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May 2019 Foster Care Special Edition

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ENVISION EQUITY MAY <strong>2019</strong><br />

Legislation to Support<br />

Students in <strong>Foster</strong> <strong>Care</strong><br />

By Lindsay Bale, JCPS <strong>Foster</strong> <strong>Care</strong> Liaison<br />

As legislators continue to recognize<br />

the unique needs of children in foster<br />

care, State and Federal agencies<br />

have passed several pieces of<br />

legislation to support the educational<br />

achievement and experiences of youth in<br />

foster care. Some of these federal laws<br />

include the <strong>Foster</strong>ing Connections Act,<br />

Uninterrupted Scholars Act (USA), and the<br />

Every Student Succeeds Act (ESSA). In the<br />

state of Kentucky, House Bill 33 (KRS<br />

620.146) and House Bill 527 are bills that<br />

were passed to support the educational<br />

needs of students in foster care. In addition,<br />

laws were passed in the most recent<br />

legislative session that provides supports for<br />

families and caregivers, and provides foster<br />

youth with a Bill of Rights. Below is an<br />

overview of each law:<br />

<strong>Foster</strong>ing Connections: This federal law was<br />

passed in 2008. This law requires child<br />

welfare agencies to ensure that a student in<br />

foster care remains in the same school they<br />

were enrolled in at the time of placement<br />

into foster care.<br />

Uninterrupted Scholars Act: This law was<br />

passed in 2013 and amended FERPA to allow<br />

child welfare workers access to educational<br />

records of youth in their care without<br />

parental consent.<br />

Every Student Succeeds Act: This law was<br />

passed in 2015 and requires the<br />

collaboration of child welfare agencies and<br />

educational agencies to ensure educational<br />

stability for youth. This law allows students<br />

in foster care to remain in their school of<br />

origin when it is in their best interest, with<br />

transportation provided. In addition, it<br />

allows for students to be immediately<br />

enrolled in a new school, even when records<br />

that are normally required to enroll in school<br />

are not available. Lastly, it requires that<br />

educational agencies report annually on<br />

student achievement and graduation rates<br />

for foster youth.<br />

House Bill 33 (KRS 620.146): This law was<br />

passed in 2017 and requires CHFS social<br />

workers to notify school personnel of people<br />

who are authorized to contact the student at<br />

11<br />

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