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MDE Foster Care Transportation Dispute Resolution

The Every Student Succeeds Act of 2015 (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.  The 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).

The ESSA also states the LEA and the Michigan Department of Health and Human Services (MDHHS) 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 MDHHS cannot agree on the transportation and cost responsibilities, either entity may initiate the Michigan Department of Education (MDE) Foster Care Transportation Dispute Resolution Process.  Further, the ESSA states that the LEA of origin must provide transportation to the school of origin for the duration of the Dispute Resolution Process.

MDE Foster Care Transportation Dispute Resolution Items