Transportation

The CDE ESSA FAQ page outlines the following requirements for LEAs:

Develop and implement clear written procedures governing how transportation to maintain students in foster care in their school of origin when in their best interest will be provided, arranged, and funded for the duration of their time in foster care, and ensure that students promptly receive that transportation.

In California, foster youth have the right to continue to attend their school of origin through the end of the school year for youth in grades one through eight, and have the right to complete high school for students already in high school when their case closes. EC Section 48853.

Designate a “Point of Contact” (POC) if the corresponding child welfare agency notifies the LEA in writing that it has designated an employee to serve as a POC for the LEA.

Please note that ESSA transportation requirements apply even if an LEA does not otherwise provide transportation to students who are not in foster care; also note that the ESSA educational stability provisions apply to preschool age children in foster care, in addition to older students. If an LEA offers a public preschool education, the requirements must be met for pre-school age foster youth as well. Elementary and Secondary Education Act Section 1111(g)(1)(E).

See the December 2016 joint Dear Colleague Letter issued by the U.S. Department of Education and Health and Human Services.

LEAs and their child welfare partners are utilizing a variety of methods to ensure transportation to school of origin is being provided. These include but are not limited to:

• Contracting with transportation companies

• Placing agencies reimbursing LEAs that use buses for their excess costs

• Carpools being set up through the school/PTA

• Taxi services

• Adding stops to existing bus routes

• Creating new bus routes

The Every Student Succeeds Act (ESSA) requires that all LEAs have a plan in place that outlines how they will provide transportation to schools of origin for students in foster care. If an LEA does not or refuses to do so, a Uniform Complaint may be filed with the LEA. This will initiate a resolution process. Any individual can file a complaint on behalf of a student who is being denied an entitlement.

Transportation to school of origin remains an entitlement for as long as the student requires it and the case is open and the child is in out-of-home placement.

Yes, as set forth above, charter schools are considered an LEA under EC § 48859(c) and thus are obligated to provide transportation, if appropriate, to the SOO pursuant to EC § 48853.5(f)(5). 

48853.5 (f)(5)(A) Paragraphs (2), (3), and (4) do not require a school district to provide transportation services to allow a foster child to attend a school or school district, unless there is an agreement with a local child welfare agency that the school district assumes part or all of the transportation costs in accordance with § 6312(c)(5) of Title 20 of the United States Code, or unless otherwise required under federal law. This paragraph does not prohibit a school district from, at its discretion, providing transportation services to allow a foster child to attend a school or school district. 

(B) In accordance with § 6312(c)(5) of Title 20 of the United States Code, local educational agencies shall collaborate with local child welfare agencies to develop and implement clear written procedures to address the transportation needs of foster youth to maintain them in their school of origin, when it is in the best interest of the foster youth.