Transportation for Students in Foster Care

Transportation Procedures for Students in Foster Care Under the Every Student Succeeds Act of 2015 (ESSA)
Background

National research indicates that children in foster care are at elevated risk of dropping out of school and are less likely to attend or graduate from college. Frequent school mobility is a significant barrier to their academic success.

The Every Student Succeeds Act of 2015 (ESSA) requires school divisions and child welfare agencies to collaborate in developing and implementing clear, written procedures for how transportation will be provided, arranged, and funded. These procedures are intended to ensure that students in foster care can remain in their school of origin when it is determined to be in their best interest.

These procedures align with the broader school stability processes outlined in the Joint Guidance on School Placement for Students in Foster Care.

Plan Development Participants

Development of the local plan included the following participants: 

Title/Role of Participant in Plan Development	Name of Participant
Title I director/coordinator
Local foster care liaison
McKinney-Vento liaison (for consultation purposes)
Representative from the school division’s pupil transportation department (school of origin (SOO) transportation designee)
Representative from the Local Department of Social Services (LDSS)

 

Process Sequence
When a student enters foster care or experiences a placement change:

1. The LDSS worker will initiate the Best Interest Determination (BID) process by scheduling a meeting using the designated Norfolk Public Schools foster care email address: [insert email].

2. If the student’s new residence is outside the current school attendance zone, the foster care liaison from the receiving school must be notified and invited to participate in the BID meeting. 

3. The LDSS worker will schedule and facilitate the virtual BID meeting. 

4. Upon receiving the invitation, foster care liaisons (sending and receiving schools) will confirm attendance and participate in the meeting. 

5. During the BID meeting, the LDSS worker, foster care liaisons, and other relevant stakeholders will share information. The final determination will be made collaboratively by the LDSS worker and the foster care liaison. 

6. If the BID determines that the student will remain in the school of origin, the foster care liaison will notify the appropriate school personnel. The school division and LDSS will then collaborate to arrange transportation to and from school. 

Transportation Considerations
Multiple factors will be considered during the BID process when determining appropriate transportation options, including:

• Student safety, as well as the safety of other students during transport 
• Student age 
• Length of commute 
• Distance between home and school 

Transportation Options

• Transportation may be required between a residence in one Norfolk Public Schools attendance zone and a residence in a different school zone within the City of Norfolk.

• Norfolk Public Schools will provide bus transportation only when an existing route can be reasonably modified to accommodate the student’s new address. 

Access to Existing Specialized Transportation
Foster care students may access transportation services already available to other students, including:

• Alternative education programs 
• Magnet school programs 

Alternative Transportation (LDSS Responsibility)
If Norfolk Public Schools is unable to modify an existing bus route, the Norfolk Department of Social Services (LDSS) will explore alternative transportation options, including:

• Requesting that the foster parent provide transportation 
• Providing a transportation stipend to the foster parent 
• Including transportation services in contracts with licensed child-placing agencies or group homes 
• Providing public transportation passes for students of appropriate age and ability 
• Utilizing Comprehensive Services Act (CSA) funds to arrange private transportation services 

Students with Disabilities

If a student has an active Individualized Education Program (IEP) that includes transportation as a related service or accommodation, the school division responsible for providing a Free Appropriate Public Education (FAPE) will ensure transportation is provided in accordance with the IEP.

The LDSS will be responsible for transportation needs with students without Special Education Transportation Services.

It is important to note that adding special transportation to an IEP requires a documented disability-related need. It is not intended to address general transportation barriers, such as living outside the school zone or not having a ride. In no instance should the BID team make IEP decisions, such as adding special transportation to an IEP.

Dispute Resolution
In the event of a disagreement regarding school placement or the provision, arrangement, or funding of transportation for a student in foster care, the following procedures will apply:

1. Immediate Action in the Best Interest of the Student
o The student will remain in the school of origin, if that is the current placement under consideration, while the dispute is being resolved. 
o Transportation to the school of origin will be provided without delay during the dispute process. 

2. Local Resolution (Good Faith Effort)
o The Norfolk Public Schools Foster Care Liaison and the LDSS representative will first attempt to resolve the dispute collaboratively and in good faith. 
o This may include consultation with transportation staff, school administrators, and other relevant stakeholders. 

3. Escalation Process
If the dispute cannot be resolved at the liaison level, it will be escalated as follows: 

o Step 1: School division leadership (Senior Director - Early Learning & Title I) and LDSS leadership (e.g., Program Manager or designee) 

o Step 2: If still unresolved, consultation with the Virginia Department of Education (VDOE) and/or the Virginia Department of Social Services (VDSS) for guidance 

4. Timeliness

o All parties will work to resolve disputes as quickly as possible to minimize disruption to the student’s education. 
o Disputes should be resolved within 5 days, whenever feasible. 

5. Cost Disputes

o Disagreements regarding the cost of transportation will not delay the provision of transportation services. 

6. Documentation

o All disputes and their resolutions will be documented by the Foster Care Liaison and maintained in accordance with applicable confidentiality requirements.