5133-educational stability procedures for transportation coordination with the department of children and families

I. APPLICATION OF PROCEDURES

 These procedures apply to circumstances when a child who is a resident of the Newtown Public Schools (the “District”), or is otherwise the responsibility of the District, is placed in foster care, or moved to a new foster care placement by the Department of Children and Families (“DCF”), is placed by DCF pursuant to a 96-hour hold or an order of temporary custody, or is committed to DCF as neglected, abused or uncared for, and DCF has determined that it is in the best interest of the child to remain in the District’s school (“school of origin”) in accordance with 20 U.S.C. § 6312, Every Student Succeeds Act (“ESSA”), and/or Conn. Gen. Stat. § 17a-16a, Educational Stability.

II. COLLABORATION

 The District has collaborated with DCF to develop these procedures, as required by 20 U.S.C. § 6312, ESSA.

III. NOTIFICATION

A. DCF is required to notify the District by phone or email immediately upon learning that a child has had a change in foster care placement, been placed in out-of-home care pursuant to a 96-hour hold or an order of temporary custody, or is committed to DCF as neglected, abused or uncared for and it has been determined that it is in the child’s best interested to remain in the school of origin. 

B. DCF is required to orally notify the District of DCF placement of a child within one (1) business day of such placement, and is further required to provide the District with a Form 603 concerning such DCF placement of a child within two (2) business days of the placement to document this information.       

C. The District shall permit the child to continue to attend the child’s school of origin upon receiving such verbal and/or written information from DCF.

IV. TRANSPORTATION OPTIONS

A. The District and DCF will collaborate to select cost-effective, reliable and safe transportation for children to their schools of origin, in accordance with these procedures.

B. For children eligible under the Individuals with Disabilities Education Act (“IDEA”) or Section 504 of the Rehabilitation Act (“Section 504”), the District will assess whether the child receives transportation as a related service as documented in the child’s Individualized Education Program (“IEP”) or Section 504 Plan, and will notify DCF of the result of such assessment. If the child’s IEP or Section 504 Plan includes transportation as a related service, the District shall provide such transportation, albeit from the new home placement determined by DCF.

C. For students not eligible under the IDEA or Section 504, the District and DCF will examine existing transportation options available for the child, including incorporating the child into an existing bus route, modifying an existing bus route and other no-cost or lost-cost options. 

D. In all cases, District shall not be responsible for any transportation costs over the amount the District would otherwise pay for the child if the child’s home placement had not been changed by DCF. 

V. COORDINATION OF TRANSPORTATION

A. DCF and the District will collaborate regarding the logistics of which agency shall coordinate the school of origin transportation and which agency shall reimburse the other (and how) for either the initial cost (borne by the District) or additional cost (borne by DCF) due to the placement or re-placement made by DCF.

B. Under no circumstances shall the District be required to fund transportation costs in excess of the transportation costs the District would otherwise fund if the child’s home placement had not been changed by DCF.

VI. TIMELINE

DCF and the District shall finalize the transportation services for the child within five (5) school days after DCF has informed the District of the best interest determination. In the interim, DCF will ensure that transportation is provided to permit the student to remain in the school of origin.

VII. RESOLUTION

In the event that the District and DCF cannot come to an agreement concerning either the logistics of arranging transportation services or the payment/reimbursement therefore, either agency may seek guidance on the relevant responsibilities under the ESSA and Connecticut law and regulations from the Connecticut State Department of Education.

Legal Resources:

 20 U.S.C. § 6312, Every Student Succeeds Act (“ESSA”)

 Conn. Gen. Stat. § 17a-16a

Adopted:        October 15, 2024                          NEWTOWN PUBLIC SCHOOLS Newtown, Connecticut