ECSheading
From the ECS State Policy Database
Special Populations--Foster Care


Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format.

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
CTSigned into law 06/2014P-12Access to Preschool for Children in Out-of-Home Care
S.B. 424
Requires the Commissioner of Children and Families, in consultation with the Office of Early Childhood, to adopt policies and procedures that maximize the enrollment of preschool-aged children who are placed in out-of-home care in eligible preschool programs. ...

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CTSigned into law 06/2014P-12Foster Youth Educational Records
S.B. 45
Requires the superintendent of a school district that is providing education to a child or youth who is committed to the Department of Children and Families' custody to provide the department, a foster parent, and the attorney for the child or youth, a descrip...

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MNSigned into law 05/2014P-12Foster Student School Enrollment
H.F. 2397
Article 2
Section 1: Allows a foster home student to return to the school they last attended without the approval needed under the enrollment options program.

http://wdoc.house.leg.state.mn.us/leg/LS88/HF2397.4.pdf...

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MNSigned into law 05/2014P-12Special Education
H.F. 2397
Article 4
Section 6: Defines "free appropriate public education" to mean special education and related services that: are provided at public expense, under public supervision and direction and without charge; meet state standards; include an appropriate presch...

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IASigned into law 04/2014P-12Continuity of Learning for Adjudicated or Foster Children
H.F. 2388
Encourages area education agencies (AEAs) to employ a child welfare liaison to provide services and guidance to school districts to assist in the enrollment transfer of students receiving foster care services.
Additionally, requires school districts to develo...

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VASigned into law 03/2014P-12Children in Group Homes: Reimbursements
H.B. 1110
Requires a school division to be reimbursed by the school division in which a child's custodial parent or guardian or most recent custodial parent or guardian resides for the costs of educating such child, who has been placed in a licensed child-caring institu...

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CASigned into law 09/2013P-12High School Graduation Requirements for Pupils in Foster Care
A.B. 216
From bill summary: Revises provisions regarding certain exemptions of students in foster care from high school graduation requirements. Requires a district to exempt a pupil in foster care who transfers between schools any time after the completion of the pupi...

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FLSigned into law 06/2013P-12
Postsec.
Supports for Current and Former Foster Youth
S.B. 1036
Repeals prior language on transition procedures for a foster child upon attaining the age of 17. Requires a transition plan to be developed during the 180-day period after a foster child turns 17. Requires the plan to address specific options for the child to ...

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TXSigned into law 06/2013P-12Enrollment and Transfer of Students in the Conservatorship of the State
S.B. 832
Extends to open-enrollment charter schools the requirement that each district appoint at least one employee to act as a school liaison to assist children in the conservatorship of the state with school enrollments and transfers. Requires districts and charter ...

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TXSigned into law 06/2013P-12Data Collection on Students' Foster Care Status
S.B. 833
Directs the state education agency to collect collect data through the Public Education Information Management System (PEIMS) regarding the foster care status of students.
http://www.capitol.state.tx.us/tlodocs/83R/billtext/pdf/SB00833F.pdf#navpanes=0...

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TXSigned into law 06/2013P-12Rights of Students in Foster Care
S.B. 1404
Requires the Texas Education Agency (TEA) to develop procedures for awarding partial credit for coursework a student completed in foster care while enrolled at another school. Also directs the TEA to (1) develop procedures for a student in foster care previous...

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FLSigned into law 05/2013P-12College Preparatory Boarding School
S.B. 1514 - College Preparatory Boarding School
Amends student eligibility requirements for College-Preparatory Boarding Academy Pilot Program for at-risk students. Permits federal noneducation funds to be applied to boarding academy pilot programs, and permits state and federal noneducation funds to be tra...

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TNSigned into law 05/2013P-12Students in Foster Care
S.B. 496
Requires LEAs to provide the department of children's services all school records for a child in custody of the department or who receives foster care services within five business days of the request. These records may include but are not limited to, a copy o...

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MDSigned into law 05/2013Postsec.Higher Education - Tuition Waiver - Foster Care Recipients
H.B. 1012
Expands the tuition waiver to include individuals who are placed into guardianship or who are adopted out of an out-of-home placement by a guardianship family. Expands the credentials eligible for the tuition waiver to include a vocational certificate at a Mar...

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CASigned into law 09/2012P-12Foster Children (Including Pupils with Disabilities), and Disciplinary Issues
A.B. 1909
From bill summary: Requires each local education agency (LEA)'s educational liaison for foster children, if so designated by the LEA superintendent, to notify the attorney and the appropriate representative of the county child welfare agency for a foster child...

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CASigned into law 09/2012P-12Foster Children, Including with Special Needs
S.B. 121
From bill summary: Requires that, if a foster child's parent or guardian, or other person holding the right to make educational decisions for the pupil, makes the determination that it is in the best interests of the pupil to be placed in an educational progra...

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CASigned into law 09/2012P-12Continuation of Former Foster Child in School of Origin
S.B. 1568
From bill summary: Requires a local educational agency to allow a former foster child to continue his/her education in the school of origin through graduation if the jurisdiction of the court is terminated while the foster child is in high school. Provides tha...

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CASigned into law 07/2012P-12Residency Requirements for Foster Children
A.B. 1573
Provides a pupil who is a foster child who remains in his/her school of origin has met the residency requirements for school attendance (pre-existing requirements provided a student who is a foster child meets residency requirements if the student attends a sc...

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MOSigned into law 06/2012P-12Students in Foster Care
H.B. 1577
Requires the Department of Elementary and Secondary Education to ensure that specified criteria are implemented in every district regarding the enrollment and educational success of foster care children.

If a foster care student transfers before or during the...

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CTSigned into law 06/2012P-12Educational Availability for Foster Youth
S.B. 293
Requires that a permanency plan of a child in the care and custody of the Commissioner of Children and Families include information regarding what steps the department has taken to make any necessary referrals for children under five years of age to early inte...

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LASigned into law 05/2012P-12School Enrollment of Foster Care Youth
H.B. 269
Amends current law to allow a child who is in foster care to remain enrolled in the public school in which the child was enrolled at the time he entered foster care for the duration of the child's stay in the custody of the state or until he completes the high...

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WASigned into law 03/2012P-12Educational Success for Youth and Alumni of Foster Care Act.
H.B. 2254
Establishes the educational success for youth and alumni of foster care act. Includes in the purpose of the passport to college promise program to improve high school graduation outcomes for foster youth.
Adds or replaces requirements for the department of soc...

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CASigned into law 10/2011P-12Enrollment of Foster Children
A.B. 709
From bill summary: Specifies that the new school is required to immediately enroll a foster child even if he or she is unable to produce medical records, including, but not limited to, records or other proof of immunization history. Makes a conforming change b...

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CASigned into law 10/2011P-12Awarding of Credit for Certain Pupils in Foster Care
S.B. 578
From bill summary: Requires a school district and county office of education to accept coursework satisfactorily completed by a pupil in foster care while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency e...

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TXSigned into law 06/2011P-12Liaison Officer to Facilitate Foster Child Enrollments and Transfers
H.B. 826
Directs each district to appoint at least one employee to act as a liaison officer to facilitate the enrollment in or transfer to a public school of a child who is in the conservatorship of the state. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB0...

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VTSigned into law 05/2011P-12
Postsec.
Special Needs
S.B. 100 - Disabilities Sections
Requires schools and local districts coordinate educational services to children and adolescents with a severe emotional disturbance with the department of mental health, the department for children and families, the department of disabilities, aging, and inde...

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GASigned into law 05/2011P-12Foster Care Student Attending Court Proceedings
H.B. 314
Provides that a foster care student who attends court proceedings relating to the student's foster care must not be counted as an absence, excused or unexcused, for the day or any portion of the day missed from school. http://www.legis.ga.gov/Legislation/20112...

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AZSigned into law 04/2011P-12Special Populations
S.B. 1256--Special Populations
Designates the definition of home school district for students who are wards of the state and enrolled in accommodation school at a juvenile detention center.
http://www.azleg.gov/legtest/50leg/1r/bills/sb1256s.pdf...

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MSSigned into law 03/2011P-12Alternative School Placement
H.B. 1178
Provides criteria for districts to make a determination on an individualized basis before placing compulsory-school-age children returning from out-of-home placement in the mental health, juvenile justice or foster care system into an alternative school.out-of...

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CASigned into law 09/2010P-12Educational Stability for Foster Youth
S.B. 1353
From bill analysis: Makes findings and declarations about the importance of a child's education; the negative effects on foster children of their transfers from school to school; the value of delaying a transfer until the end of a term, semester, or academic y...

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CASigned into law 09/2010P-12Attendance of Foster Children
A.B. 1933
From bill analysis: Requires an LEA, at the initial detention or any subsequent change in a foster child's placement, to allow that child to remain in his/her school of origin for the duration of the court's jurisdiction. Provides that an LEA must allow a chil...

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CAVetoed 09/2010P-12Special Needs Students in Foster Care System
S.B. 1059
From bill analysis: Clarifies which local educational agency is responsible for the provision and payment of special education services for pupils with disabilities in the foster care system that have been detained in a juvenile hall and who are subsequently p...

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RISigned into law 06/2010P-12Education of Youth in Juvenile Justice and Child Welfare Systems
H.R. 8109, S.R. 2872
Creates the Task Force on the Education of Children and Youth in the Care of the Department of Children, Youth, and Families. Directs the task force to make recommendations for:
     (1) Identifying challenges to ensuring the educational stability and success ...

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CTSigned into law 06/2010P-12Children In the Care of the Department of Children and Families/School of Residence
SB 31
Creates a presumption that it is in the best interest of a child that the department of children and families (DCF) places in out-of-home care under an emergency, temporary custody, or commitment order, to continue to attend the school he or she attended befor...

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SCSigned into law 06/2010P-12Education Bill of Rights for Children in Foster Care
S.B. 1134
Establishes the Education Bill of Rights for Children in Foster Care; requires school districts to have in place procedures to ensure seamless transitions between schools and school districts for children upon notice that a child is in foster care; requires sc...

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WVSigned into law 03/2010P-12Foster Care Pilot Program
H.B. 4164
Creates a pilot program for the placement of children four to ten years of age in foster care which shall be known as Jacob's Law; states that the children in crisis program shall include early intervention, plans to meet each child's emotional needs, medical ...

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MESigned into law 03/2010P-12Residence of Student Not Residing with Legal Parent/Guardian
S.B. 588 - Sec. 1
Provides that a student who is placed by the state department of health and human services with an adult who is not the parent or legal guardian is considered a resident of either the school administrative unit where the student resides or the school administr...

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MISigned into law 12/2009P-12Residency Status of Foster Care Students
H.B. 5298
Modifies residency status for certain pupils placed in foster care; provides that if a child who is under court jurisdiction is placed in foster care, a school district shall allow the child to enroll in and attend the appropriate grade in the school selected ...

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MISigned into law 12/2009P-12Foster Care Student Enrollment
H.B. 5299
Revises definition of membership for certain pupils placed in foster care by providing that a pupil enrolled in a district other than the pupil's district of residence shall be counted in the educating district.
http://www.legislature.mi.gov/documents/2009-201...

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CAVetoed 10/2009P-12Preschool Enrollment for Children of Juvenile Court Wards
A.B. 769
States findings and declarations regarding children of youth who are in custody, or on probation or in the foster care system. Requires priority for participation in state preschool programs to be given to children who have a biological custodial parent who is...

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CASigned into law 10/2009P-12Graduation Requirements Waiver for Certain Foster Care Students
A.B. 167
Requires a school district to exempt a pupil in foster care from all coursework and other requirements adopted by the district's governing board in addition to the statewide coursework if the pupil, while he/she is in grade 11 or 12, transfers to the district ...

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CASigned into law 08/2009P-12Foster Student Eligibility for Extracurricular Activities
A.B. 81
Requires that a foster child who changes residences pursuant to a court order or decision of a child welfare worker be immediately deemed to meet all residency requirements for participation in interscholastic sports or other extracurricular activities. http:/...

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OHSigned into law 07/2009P-12Reimbursement for Students in Residential Facilities
H.B. 1 - Section 3313.64
From DOE summary of H.B. 1:
Requires school districts that owe tuition for a regular education student housed in a residential facility to pay an amount determined by a formula approved by ODE, if the student (1) resides in a facility that is not a foster hom...

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OHSigned into law 07/2009P-12Assignment of Surrogate Parent
H.B. 1 - Section 3323.05
From DOE summary of H.B. 1: Modifies existing procedural guidelines established for the department of education to protect the rights of a child whenever the parents of a child are not known or cannot be found, or a child is a ward of the state, specifying tha...

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LASigned into law 07/2009P-12Foster Care Students and Compact on Educational Opportunity for Military Children
H.B. 590
Requires public school governing authorities to ensure that children in foster care are allowed to remain enrolled in the same public schools in which they were enrolled when entering foster care; provides that if the placement is outside the jurisdictional bo...

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MOSigned into law 07/2009P-12Foster Care Education
S.B. 291--Foster Care Education Bill of Rights
Establishes "Foster Care Education Bill of Rights." Each district must designate a staff person to be an educational liaison for foster care children. Liaison would assist with proper educational placements, transferring between schools, ensuring transfer of g...

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AZSigned into law 06/2009P-12Foster Care
S.B. 1049
Creates a separate fingerprint clearance card for foster and prospective foster and adoptive parents in accordance with the Adam Walsh Child Protection and Safety Act and for people required by the Department of Economic Security to have such cards; requires s...

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TXSigned into law 06/2009P-12
Postsec.
Foster Care Students
S.B. 2248
Directs the state education agency to assist the transition of foster care students from one school to another by specified means, including ensuring expedient transfer of student records; developing transition programs to assist a foster care student in his/h...

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TXSigned into law 06/2009P-12Evaluation of Educational Outcomes of Foster Care Students
S.B. 939
Directs the state education agency and the department of family and protective services to enter into a memorandum of understanding (MOU) regarding the exchange of information to facilitate the department's evaluation of educational outcomes of students in fos...

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FLSigned into law 05/2009P-12Education for Children in Shelter Care or Foster Care and Exceptional Students
S.B. 1128
Relates to education and children in shelter care or foster care; includes exceptional students; provides for a surrogate parent for educational decisionmaking for a child with a disability; requires access to a child's medical records and educational records ...

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INSigned into law 05/2009P-12Board for the Coordination of Programs Serving Vulnerable Individuals
H.B. 1289 - Section 1
Creates the board for the coordination of programs serving vulnerable individuals to coordinate the delivery of services to vulnerable individuals in need of services; requires the Superintendent of the Department of Education or designee to serve on the board...

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INSigned into law 05/2009P-12
Postsec.
Foster Care
H.B. 1681
Relates to educational assistance for foster care youth; requires the state student scholarship commission to annually report to the legislative council concerning data on the individuals who received certain assistance; establishes eligibility requirements fo...

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UTSigned into law 03/2009P-12Enrollment of Foster Care Youth
H.B. 63
Amends education requirements related to enrollment and attendance in order to comply with the requirements of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008. http://le.utah.gov/~2009/bills/hbillenr/hb0063.pdf...

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COSigned into law 03/2009P-12Foster Parent Training
H.B. 1078
Requires that the department of human services make available to foster parents training concerning individualized education programs.
http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/C50B0213BCC4F56B87257537007221D9?open&file=1078_enr.pdf...

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MISigned into law 01/2009P-12
Postsec.
Community College
Foster Care Trust Fund and Foster Care Board
H.B. 6089
Establishes the Foster Care Trust Fund in the Department of Human Services as a charitable and educational endowment fund; establishes the State Foster Care Board; prescribes the powers and duties of the Board; provides for the distribution of the money from t...

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MISigned into law 07/2008P-12
Postsec.
Community College
Foster Care Services
H.B. 4481
Creates the Foster Care Independence Act; provides services for child abuse victims who are aging out of foster care; establishes the Foster Care Independence Program to offer high school diploma assistance, career exploration, vocational training, job placeme...

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LASigned into law 07/2008P-12High School Dropout Prevention Act of 2008
H.B. 1091
Provides that before a student between the ages of 17 and 18 may drop out, the student and student's parent must attend an exit interview, in which the student and parent provide written acknowledgement that withdrawal from school will likely reduce the studen...

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ORAdopted 06/2008P-12
Postsec.
Community College
Foster Care Educational Services
OAR 413-100-0900, -0905, -0910, -0915, -0920, -0925, -0930, -0935,-0940
Describes the activities required to assure that regular education, special education, pre-school, and post-secondary education services are provided to a child or young adult for whom the Child Welfare Program of the Department is legally responsible.
http://...

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COSigned into law 04/2008P-12Transfer of Education Records for Foster Children
H.B. 1019
Requires each school district to appoint a person to act as the child welfare education liaison; provides that when a student in out-of-home placement transfers from one school to another, the district or school is to transfer the records after receiving a req...

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ILSigned into law 08/2007P-12Special Education Classes for Wards of the State
S.B. 398
Amends the School Code regarding special education classes for children from orphanages, foster family homes, children's homes, or in-state housing units. Provides that subject to appropriation, school districts must be reimbursed for the eligible costs of edu...

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INSigned into law 05/2007P-12Placement of Foster and Juvenile Court Students
S.B. 330
Provides that a student who is placed in a foster family home or the home of a relative or other unlicensed caretaker may attend school in either the school corporation in which the home is located or in the school corporation in which the student has legal se...

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INSigned into law 05/2007P-12
Postsec.
Eligibility for 21st Century Scholars Program
H.B. 1266
Provides that a student who is in foster care or placed in the home of a relative or other unlicensed caretaker may enroll in the 21st Century Scholars program at any time before the student graduates from high school, is not required to be eligible for free o...

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WASigned into law 04/2007P-12
Postsec.
Passport to College Promise Program Pilot
H.B. 1131
Declares an intent to create the passport to college promise pilot program that will have two primary components, as follows: (1) Significantly increasing outreach to foster care youth between the ages of fifteen and eighteen regarding the higher education opp...

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AZSigned into law 06/2006Postsec.Tuition Grants for At Risk and Foster Children
S.B. 1164
Establishes the displaced pupils choice grant program under which each custodian of a qualifying pupil who completes an application for a grant shall receive a grant for tuition and educational fees; provides that a pupil is eligible to receive the grant if th...

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TNSigned into law 05/2006P-12Financial Support for Children in State Care
S.B. 3922
Concerns Education; specifies that when the education of a child becomes the state's direct responsibility for any reason, the commissioner of education must pay to the state agency responsible for the child an amount equal to the state funds, plus the local f...

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KSSigned into law 04/2006P-12
Postsec.
Tuition Waivers for Foster Children
S.B. 85 Section 1-10
Establishes the Kansas Foster Child Educational Assistance Act. Provides that the purpose of the act is to establish an educational assistance program under which eligible foster children receive tuition waivers to any area vocational school, area vocational-...

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