Are you the parent of a child in foster care or do you know a child in foster care?

If so, you should know that New Jersey law allows children placed in foster homes by the Division of Child Protection and Permanency (DCPP) to stay in their current schools. They can do so even if their foster home is located in another school district.

Why is this law important?

Children who change schools a lot have a hard time doing well in school. Many foster children change schools while they are in foster care. Foster children also experience other issues that cause difficulties in school. Foster children are more likely to be disciplined at school. They are also more likely to repeat a grade than their classmates who are not in the foster care system. Many foster children miss a lot of school when changing foster care placements. Many foster children also have missing or incomplete school records. This makes it very hard for a new school to decide what children need when they enter a new school. Foster children are also less likely to graduate from high school.

Parents who have children in foster care can still play an important role in their children’s education including helping to make sure that the children stay in their current school.

What does this law do?

When DCPP places a child in foster care, DCPP must decide where the child will attend school. Under the law, the child must stay in his or her current school, unless a decision is made that it is not in the child’s best interest to do so.

To determine the child’s best interest, DCPP must consider a number of things, including:

• How close the foster home is to the child’s current school
• The child’s age and grade
• The child’s needs
• Where the child wants to go to school
• How the child is doing in his or her current school and the child's involvement in school
• The child’s special education needs (if the child is in special education)
• How long the child may be in the foster home
• The time in the school year
• Any safety concerns.

DCPP must make this decision within five business days of the day they remove the child from their home. DCPP must also try to speak with the child, the child’s parent, the child’s law guardian (lawyer in the DCPP court case), and school staff from the child’s current school and possible new school.

Where does the child go to school while DCPP is making its decision?

Under the law, a child will remain in their current school until a final decision is made. In certain cases, DCPP can enroll the child in the school district right away. This can only happen if DCPP decides it is not in the child’s best interest to stay in the current school. An example of when it may not be in the child’s best interest to remain in their current school may be if there is a serious safety concern or the school is very far from their foster home. In this situation, DCPP must provide written notice (a letter) to the child’s parent and law guardian within two days of enrolling the child in the new school district. The notice must explain the reason for the school change. The notice must also include the name and location of the new school unless DCPP feels that is it not safe for the parent to know that information. If a parent is represented by a public defender or other lawyer in the DCPP court case, the parent should contact their attorney as soon as possible about this notice.

What happens when DCPP makes its decision?

If DCPP decides that a child should stay in their current school, the decision is a final decision. If DCPP decides that a child should be enrolled in a new school, this is not a final decision. The child’s parent or law guardian may challenge this decision in the DCPP court case. When deciding whether to challenge this decision, parents should talk to the attorney who represents them in the DCPP court case.

What happens when DCPP decides that a child should change schools?

When DCPP makes a decision to change a child’s school, it must give immediate written notice (a letter) to the child’s parent and law guardian. The child’s parent or law guardian may challenge this decision in the DCPP court case. A parent who wants to challenge the decision must file an application for review with the court within five days of the date on the notice. If no challenge is made, this decision will become final after the five-day period. The law does not explain exactly what to do to ask the court to review the DCPP decision. Parents should talk to the attorney who represents them in the DCPP court case.

What happens if a parent challenges DCPP's decision to change a child’s school?

The court will schedule a hearing. At the hearing, DCPP must show why it is in the child’s best interest to go to school in the district where the foster home is located. A judge will decide where the child will attend school.

How will the child get to school?

The law requires DCPP to provide transportation between the child’s school and foster home until a final decision is made. Once a final decision is made, DCPP must tell both school districts. The school district where the child’s parent lived when the child entered foster care must arrange and pay for the child’s school transportation.

Can a parent ask the court to review a child’s school placement in the future?

Anyone involved in the family court proceeding (parent, child’s law guardian, or DCPP) can ask the court to review school placement at any time while the child is in foster care.

If you have any questions about this law or think that your rights or your child’s rights have been violated, contact LSNJLAWSM, Legal Services of New Jersey’s statewide, toll-free legal Hotline, online at www.lsnjlawhotline.org or by calling 1-888-LSNJ-LAW (1-888-576-5529). If you are not eligible for assistance from Legal Services, the hotline will refer you to other possible resources.

This information last reviewed: Jul 30, 2026