When a child’s placement in foster care, or any subsequent move thereafter, would normally result in a transfer outside the child’s school of origin, ESSA requires the school to collaborate with Children’s Division in a best interest determination (BID) process to determine which school placement is in the child’s best interest. The BID process is initiated by the school and includes participants essential to the child’s educational and case planning.  Because Children’s Division must evaluate the child’s educational stability, the BID process is best coordinated with the child’s 72-hr FSTM upon initial removal, or Placement Stability FSTMs upon subsequent moves, since the FSTMs and the BID process include many of the same participants.  Therefore, it is imperative staff notify the child’s school immediately when the child’s initial or subsequent foster care placements may impact their current educational setting to ensure educational stability.

DESE uses a BID guidance form to lead participants through a thoughtful discussion about the child’s school placement, taking into consideration a number of factors that could influence the school placement decision. Children’s Division and DESE have agreed that should the best interest determination process result in a lack of consensus, the child’s Family Support Team will make the final decision on school placement. 

The educational stability mandates, school of origin definition, and best interest determination process also apply to a child enrolled in a school district’s public preschool education program.

Related Practice Alerts and Memos:

8-6-19 – PP19 CM-02 – Collaboration with Schools to Support Foster Care Students