Best Interest Determination

Under federal and state Law, remaining in the school of origin (SOO) is assumed to be in the student’s best interest. Therefore, the Best Interest Determination (BID) is for the student to remain at their SOO unless the determination is made by the Educational Rights Holder (ERH) and the student (as appropriate) that it would be in the student’s best interest to change schools. There is no statutory requirement that a Best Interest Determination (BID) require any type of meeting or consultation. While having policies and procedures in place that assist the ERH in making a BID may be a best practice, it is not required. 

The following is from the reauthorization of The Elementary and Secondary Education Act (ESEA) known as The Every Student Succeeds Act (ESSA):  

Section 1111(g)(1)(E) of the ESEA: 

(E) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) to ensure the educational stability of children in foster care, including assurances that— ‘‘(i) any such child enrolls or remains in such child’s school of origin, unless a determination is made that it is not in such child’s best interest to attend the school of origin, which decision shall be based on all factors relating to the child’s best interest, including consideration of the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement;

The following is California Education Code:

EC 48853.5 (e) This section does not grant authority to the educational liaison that supersedes the authority granted under state and federal law to a parent or legal guardian retaining educational rights, a responsible adult appointed by the court to represent the child pursuant to Section 361 or 726 of the Welfare and Institutions Code, a surrogate parent, or a foster parent exercising the authority granted under Section 56055. The role of the educational liaison is advisory with respect to placement decisions and determination of the school of origin.

(6) The educational liaison, in consultation with, and with the agreement of, the foster child and the person holding the right to make educational decisions for the foster child, may recommend, in accordance with the foster child’s best interests, that the foster child’s right to attend the school of origin be waived and the foster child be enrolled in a public school that pupils living in the attendance area in which the foster child resides are eligible to attend.

Additional Resources:

Best Interest Determination (BID) Joint Letter

Non-Regulatory Guidance Ensuring Education Stability for Children in Foster Care (June 23, 2016)

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