2.1 Children in foster care enroll or remain in their district of residence unless there is a determination that it is not in the child's best interest to attend the district of residence (ESEA §1111(g)(1)(E)(i)). The best interest determination must be based on all relevant factors, including:
2.2 If the child's foster care placement changes, and it is determined to be in his/her best interest, the child has the right to remain in his/her pre-placement district for the duration of his/her time in foster care.
2.3 LEAs and local child welfare agencies (CWAs) should collaborate to develop a joint process for making best interest determinations, which should consider multiple student-centered factors, including:
Please Note: Transportation costs should not be a factor.
2.4 If parties cannot come to agreement, the ultimate decision should reside with the child welfare agency (CWA).
2.5 To the extent feasible and appropriate, to reduce the number of school moves, a child must remain in his/ her pre-placement district while awaiting a decision.