School Stability & Enrollment
Also see Best Interest Determination (BID), Every Student Succeeds Act (ESSA), School of Origin, and Transportation pages.
All County Letters & Non-Regulatory Guidance
Educational Stability and Case Plan AssurancesACL 11-51 (September 23, 2011)
The Fostering Connections to Success and Increasing Adoptions Act of 2008 Case Plan Assurances and Educational Transportation ReimbursementThe Fostering Connections to Success and Increasing Adoptions Act of 2008 Case Plan Assurances and Educational Transportation ReimbursementU.S. Department of Education and U.S Department of Health and Human ServicesWeb Links
Legal Center for Foster Care & Education: Education Stability
Documents
Information Memorandum from the Administration for Children and Families on Interagency Collaboration between Child Welfare and Educational Agencies to Support the Academic Success of Children and Youth in Foster CareSchool Stability in LEA Transportation Budgets (December 2022)
A resource from the CA Foster Youth Education Task Force School Stability SubcommitteeSchool Stability for California's Youth in Foster Care (December 2020)
A review of laws and local practices including ESSA Transportation Plans, School Stability and Placement Decisions, Child Welfare and Probation Procedures, Education Rights Holders and Best Interest Determination (BID)Do students in foster care need to be immediately enrolled even if we have no records from their prior school?
Yes, a student in foster care who is not remaining in their school of origin must be immediately enrolled in their new school regardless of documentation regularly required for other students and families at enrollment.
Please refer to California Education Code (EC) § 48853.5(f)(8)(B):
The new school shall immediately enroll the foster child even if the foster child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to Chapter 1 (commencing with §120325) of Part 2 of Division 105 of the Health and Safety Code, proof of residency, other documentation, or school uniforms.
Approved March 2020
What is the best way handle immediate enrollment when a student needs school services outside of the comprehensive school site (and it's delaying enrollment)?
The specific needs of the student do not impact their entitlement to immediate enrollment. The best practice to ensure the school can meet the unique needs of the student, is to provide as much notice and documentation as possible to the receiving school as early as possible. Cooperative agreements and local policies and procedures that allow for this information sharing will enable supports to be in place when the student enrolls.
Approved November 2022
Are students in foster care required to have the TDAP and other immunizations in order to be immediately enrolled?
Pursuant to EC § 48853.5(f)(8)(B), cited above, schools must immediately enroll foster children transferring to their school even if a foster child is unable to produce immunization records normally required for school entry. Once a foster child is enrolled, school staff should work with the school or foster family where the student was transferred from to obtain the student’s immunization records quickly. The school staff person should also work with local health departments to ensure these students receive any vaccinations they may need.
https://www.cde.ca.gov/ls/he/hn/cefimmunization.asp
Approved March 2020
Is it necessary for students in foster care to have proof of immunization in order to be enrolled in school?
California law requires schools to immediately enroll foster children transferring to their school even if a foster child is unable to produce immunization records normally required for school entry. Once a foster child is enrolled, school staff should work with the school or foster family where the student was transferred from to obtain the student’s immunization records quickly. The school staff person should also work with local health departments to ensure these students receive any vaccinations they may need.
https://www.cde.ca.gov/ls/he/hn/cefimmunization.asp
Please refer to Health and Safety Code § 120341:
(a) The governing authority shall admit a foster child, as defined in subdivision (a) of § 48853.5 of the Education Code, whose immunization records are not available or are missing.
(b) This section shall not alter the obligation of the governing authority to obtain a foster child’s immunization records pursuant to § 48853.5 of the Education Code or to ensure the immunization of a foster child pursuant to this chapter.
(Added by Stats. 2011, Ch. 463, § 3. (AB 709) Effective January 1, 2012.)
Approved March 2020
Is there a time limit for when proof of immunization must be presented to the school to prevent a student in foster care from being excluded?
California law requires schools to immediately enroll foster children transferring to their school even if a foster child is unable to produce immunization records normally required for school entry. Once a foster child is enrolled, school staff should work with the school or foster family where the student was transferred from to obtain the student’s immunization records quickly. The school staff person should also work with local health departments to ensure these students receive any vaccinations they may need. https://www.cde.ca.gov/ls/he/hn/cefimmunization.asp
The law does not reference a specific time frame for obtaining proof of immunization.
Approved March 2020
How much time is an LEA required to allow a student in foster care to become fully immunized?
California law requires schools to immediately enroll foster children transferring to their school even if a foster child is unable to produce immunization records normally required for school entry. Once a foster child is enrolled, school staff should work with the school or foster family where the student was transferred from to obtain the student’s immunization records quickly. The school staff person should also work with local health departments to ensure these students receive any vaccinations they may need.
https://www.cde.ca.gov/ls/he/hn/cefimmunization.asp
The law does not reference a specific time frame for obtaining proof of immunization.
Approved March 2020