The Wheels on the Bus Go…Wherever Foster Students Are

On January 13, 2022, the New York State Education Department (the “Department”) in conjunction with the Office of Children and Family Services announced revisions to the Students in Foster Care Toolkit (“Toolkit”) to provide increased clarity to school districts, which can be found here. When possible, foster students who move from their District of enrollment are kept within that district of enrollment to provide consistency in curriculum, preserve connections with school staff and friends, and maintain access to outlets like extracurricular activities. The companion memorandum to the revised Toolkit states, “[s]tudents who feel connected to their schools are more likely to succeed academically and graduate, less likely to be truant, be involved in fighting and bullying, and less likely to use substances or become pregnant.” So, school districts undoubtedly play a significant role in supporting foster students.

NY Education law outlines responsibilities for transportation of foster students and transportation funding. To that end, the Department’s Toolkit lays out how school districts can best support these students by providing timely, efficient, and economical transportation. The revised guidance focuses on, but is not limited to, internal protocols for handling transportation of foster care students, and local transportation agreements with the local department of social services.

As an initial matter, all school districts must develop internal protocols to ensure that the transportation office is informed immediately when the district is notified that a child has been placed in foster care or has changed foster care placement and to arrange new transportation.

Secondly, local transportation agreements with the local department of social services will control how transportation must be provided. These agreements are required for school districts with foster students in attendance and, once established, must be re-executed biennially. The agreements provide a list of key contacts and outline the information to be provided by the school district in support of the student’s placement determination. Also, the agreements include requirements regarding the three possibilities for transportation: an enrolled student resides within the district but at a new address, an enrolled student resides outside the district but will maintain enrollment at the same school, or a new student is placed within the district and will attend schools there. Notably, each situation has its own requirements and timelines.

It is the responsibility of the school district to ensure that the agreement is in place pursuant to the Department’s guidance. The revised Toolkit contains a template for the local transportation agreement. However, school districts would benefit from a tailor-made contract rather than a one-size-fits-all approach, since personnel and departments can differ drastically from district to district and certain non-mandatory provisions can be struck to align with school district practices. Further, dispute resolution and other valuable provisions can be included in these local transportation agreements for ease of use. Please note, before execution, these local transportation agreements should be compared to current transportation contracts to ensure there are no conflicts.

If you have specific questions regarding internal protocols, local transportation agreements or your district’s obligations regarding foster care students generally, please do not hesitate to reach out at the number below.