Foster Care Transportation Arbitration Process

Federal and State Statutory Requirements

Both federal and state statutes require that LEAs and DCS collaborate to develop policies and procedures to ensure that, when in their best interest, children in foster care are provided transportation to and from their schools of origin.

Federal Statutory Requirement

The Non-Regulatory Guidance: Ensuring Educational Stability for Children in Foster Care details the following requirement for children in foster care:

An LEA must collaborate with the State or local child welfare agency to develop and implement clear written procedures governing how transportation to maintain children in foster care in their schools of origin, when in their best interest, will be provided, arranged, and funded for the duration of the child’s time in foster care (the transportation procedures). These procedures must ensure that—

• Children in foster care needing transportation to their schools of origin will promptly receive that transportation in a cost-effective manner and in accordance with section 475(4)(A) of the Social Security Act; and
• If there are additional costs incurred in providing transportation to the school of origin, the LEA will provide such transportation if (1) the local child welfare agency agrees to reimburse the LEA for the cost of such transportation; (2) the LEA agrees to pay for the cost; or (3) the LEA and local child welfare agency agree to share the cost (ESEA 1112(c)(5)(B)).

State Statutory Requirements

• ARS 8-530.04 mandates requirements for making a best interest determination for school placement when a child enters foster care or experiences a change to their foster care living arrangement.
• ARS 8-530.05 mandates requirements for creating an arbitration process specific to disputes pertaining to ensuring transportation to school of origin for children in foster care.

When to Initiate Arbitration

Before filing for a transportation arbitration, be sure to exhaust all available troubleshooting options to address any challenges with the current transportation plan, including the following strategies:

• Review the foster care school stability assurances in The Every Student Succeeds Act & the ARS 8-530.04 education placement legislation.
• Implement the Foster Care Transportation Procedure to determine cost-effective and prompt transportation options.
• Escalation and communication of concerns to pertinent stakeholders within the LEA (i.e., Foster Care Point of Contact, communication to the Foster Care Point of Contact’s supervisor, federal programs contact, etc.).
• Escalation and communication of concerns to the Arizona Department of Education (i.e., ADE Foster Care Point of Contact, emailing [email protected], etc.).
• Escalation and communication of concerns to the Department of Child Safety (i.e., DCS Specialist’s supervisor, DCS Regional Point of Contact, emailing [email protected], etc.).

If the issue remains unresolved after the implementation of troubleshooting strategies, a representative from the LEA or DCS may initiate arbitration to address the following situations:

• A disagreement with the transportation plan to the school of origin,
• An unresolved complaint or concern with the effectiveness of the current transportation plan, or
• The current transportation plan is not the most cost-effective and prompt transportation option available.

 How to File for Transportation Arbitration

The arbitration initiator will need to fill out the ARS 8-530.05 Foster Care Transportation Arbitration Process Form on ADE’s Foster Care webpage under the Documents menu item. The arbitration can only be filed by either the LEA or DCS.

Preview the Foster Care Transportation Arbitration Process Reference Form to ensure that the arbitration initiator has all the information required for a timely resolution prior to officially submitting an arbitration request.

 Arbitration Process 

If there is a need for arbitration relating to the arrangement and/or funding of transportation to the school or origin, the following requirements are to be immediately implemented:

• The child in foster care shall remain in their school of origin pending the result of the arbitration process.
• DCS must ensure transportation to the school of origin for the duration of the arbitration process.

The party initiating the arbitration shall provide information related to the issue in question by filling out the ARS 8-530.05 Foster Care Transportation Arbitration Process Form on ADE’s Foster Care webpage, under the Documents menu item.

The State-level arbitration process shall be immediately initiated following the conclusion of the Best Interest Determination (BID), or at such time that the agreed upon transportation plan is no longer effective in transporting the child in foster care to the school of origin.

Upon receipt of the dispute, the Arizona Department of Education Foster Care Point of Contact, or designee, and the DCS Point of Contact, or designee, shall conduct the following steps within the arbitration process:

• Review the dispute, and
• Make a decision and notify the involved parties within ten (10) business days.

The decision rendered from the State-level arbitration process:

• Is considered final in resolving the dispute,
• Shall be implemented as directed in the decision, and
• Shall remain in effect for the duration of the child’s current foster care living arrangement.