The Every Student Succeeds Act (ESSA) states that children and youth in foster care should remain in the school of origin when found in their best interest. This determination of best interest will either show that the child should remain in the school of origin, even if being placed outside of that Local Educational Agency (LEA) or, that the child should transfer to the LEA of residence where the child is now residing while in foster care. ESSA also ensures children in foster care needing transportation to the school of origin will promptly receive transportation in a cost-effective manner and in accordance with section 475(4)(A) of the Social Security Act (42 U.S.C. 675(4)(A)) (Title IV-E eligibility). ESSA also states the LEA and Child Welfare Placing Agency should meet and collaborate on the mode of transportation for a child in foster care to continue in the school of origin. IF the LEA and Child Welfare Placing Agency cannot agree on the transportation and cost responsibilities, either entity may initiate the Foster Care Transportation Dispute Resolution process. For the duration of the Dispute Resolution process, the LEA will transport the child to the school of origin and pay 100% of the transportation cost.

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