Students in Foster Care
Students in foster care have the right to a free public education. Under the Every Student Succeeds Act, foster children can remain in their current school even if their living situation changes. If staying in the same school is not in their best interest, they are entitled to immediate enrollment in a new school, even if they do not have the usual records required for enrollment in that school. A “best interest determination” meeting, involving various individuals involved in the child’s life, ensures decisions are made in the child’s best interest.
The Fostering Connections Act of 2008 also mandates child welfare agencies to support the educational needs of foster youth and maintain their academic records. In November 2024, the Department of Education provided additional best practice tips which reinforce that staying in the same school helps foster students succeed and should be a top priority in placement decisions. The guidance expands beyond school stability to stress the importance of helping foster students succeed academically, including support for attendance, graduation, and postsecondary goals.
Students in (and leaving) the Juvenile Justice System
Likewise, students in the juvenile justice system retain educational rights, even while in detention or if placed in the custody of the Division of Youth Services. While detention can clearly be disruptive in many ways, school districts or the Division of Youth Services are responsible for properly continuing to address the educational well-being of incarcerated youths – including alignment with state academic standards, providing certified teachers, and proper instruction times.
Under the federal Individuals with Disabilities Education Act (IDEA), students with disabilities are entitled to a free and appropriate education even while in a juvenile detention facility. This means that any existing Individualized Education Program (IEP) must be reviewed and considered as part of a school transfer due to the student’s court involvement. Missouri law requires the school district into which a court-involved student is transferred to provide special education services “comparable” to those that the student was previously receiving before the transfer.
Federal and Missouri law also require students transitioning out of juvenile justice facilities to be timely re-enrolled back into school or into an educational program that is best suited for their needs, which will often be attending the school district where the student will live (with either a parent or legal guardian) after leaving the Division of Youth Services facility or juvenile detention center.
Please see the linked resources for more information:
