(1)
(a)(I) The general assembly hereby finds that the number of children in out-of-home placement has increased significantly. The general assembly further finds
that the facility in which a child is placed out of home is often not located in the
same school district as the child's school district of residence. Nevertheless, the
general assembly finds that, pursuant to the Public School Finance Act of 2025,
article 54 of title 22, children in foster home placement are considered residents of
the school district in which the foster home is located. Accordingly, the school
district in which the child is placed must accommodate the child and provide the
child with the necessary educational services that serve the child's best interests
while absorbing the costs associated with such
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(1)
(a) (I) The general assembly hereby finds that the number of children in out-of-home placement has increased significantly. The general assembly further finds
that the facility in which a child is placed out of home is often not located in the
same school district as the child's school district of residence. Nevertheless, the
general assembly finds that, pursuant to the Public School Finance Act of 2025,
article 54 of title 22, children in foster home placement are considered residents of
the school district in which the foster home is located. Accordingly, the school
district in which the child is placed must accommodate the child and provide the
child with the necessary educational services that serve the child's best interests
while absorbing the costs associated with such services within the constraints of
the school district's existing budget. The general assembly finds that in many
circumstances it is not possible to meet the best interests of the child in out-of-home placement and the needs of other children enrolled in the school district
within the confines of the district's budget.
(II) The general assembly determines that the number of children in out-of-home placement and the severity of their attendant needs are increasing. The
ability to meet the needs of the children in out-of-home placement is frequently
restricted by the limited resources available to a school district. Furthermore, the
general assembly finds that there is a disproportionately larger number of children
in out-of-home placement in some school districts than in others, thereby directly
impacting the ability of certain school districts to effectively manage and finance
the provision of quality educational services to all students in those districts.
(b) The general assembly therefore determines that it would serve the best
interests of all children enrolled in a school district if the number of children placed
in out-of-home placement facilities by county departments of human or social
services in each of the various school districts is monitored so that the financial
impact on all school districts throughout the state is manageable and equitable and
so that the best interests of all children, whether or not in out-of-home placement,
can be served.
(2) (a) Contingent upon implementation of the children, youth, and families
automation project in the department of human services, the department shall
make the following information available to all county departments throughout the
state:
(I) Vacancies in out-of-home placement facilities within each county;
(II) The number of out-of-home placement children enrolled in each school
district in relation to the total number of students enrolled in the school district;
(III) A list of all out-of-home placement facilities in each school district; and
(IV) To the extent known and within available resources, a list of the types of
services available in each school district to meet the special needs of children in
out-of-home placement.
(b) In every proceeding pursuant to this title in which the court contemplates
placing a child out of home, the county department shall make recommendations to
the court concerning the proposed placement. Such recommendations shall include
information about placement facilities that are most able to serve appropriately the
best interests of the child. In making its recommendations to the court, the county
department shall consider:
(I) The special needs, if any, of the child to be placed, including the ability of
the proposed out-of-home placement facility and the school district in which the
proposed out-of-home placement facility is located to provide the necessary
services to meet those needs;
(II) The proximity of the proposed out-of-home placement facility to the
child's parents' home, if parental rights have not been terminated;
(III) Whether the proposed placement facility is in the same school district as
the child's parents' residence;
(IV) If the proposed placement facility is not in the same school district as
the child's parents' residence and if the information is available through the
children, youth, and families automation project, the number of children placed out
of home by the court who are already enrolled in the school district in which the
proposed out-of-home placement facility is located.
(c) If the recommendation of the county department is to place the child in a
placement facility that is not located in the same school district as the child's
parents' residence, the placing county department shall inform the school district in
which the child's parents reside of the recommended placement.
(d) In placing a child out of home, the court shall consider the
recommendations of the county department and any information it may have
concerning whether the child's educational needs can be met adequately if the
child is placed in an out-of-home placement facility located in a school district
other than the district in which the child's parents reside.
(e) Upon entry of the court's order placing a child in an out-of-home
placement facility located in a school district other than the school district in which
the child's parents reside, the county department shall advise the school district in
which the child's parents reside of the court's order.
(f) When a school district is advised by the county department that a child
residing in that school district is to be placed in an out-of-home placement facility
in another school district pursuant to a court order, the school district shall contact
the school district in which the child is to be placed concerning:
(I) The special educational needs, if any, of the child; and
(II) The resources necessary to meet those special needs.
(3) The state board of education shall provide the department of human
services with all aggregate, nonidentifying information concerning student
enrollment in every school district in the state that the department of human
services may request for purposes of implementing this section.