Removing Barriers to Permanency and Higher Education Access
Removing Barriers to Permanency and Higher Education Access
Written by
Ashley Garcia Rivera, Policy Advisor
Published on:
Jul 07, 2026
Category
Policy & Advocacy
Interracial adoption (historically referred to as transracial adoption) refers to the act of placing a child of one racial or ethnic group with adoptive parents of another racial or ethnic group. Interracial adoption is not inherently the same as transcultural or international adoption. However, in some circumstances an adoption may be interracial, international, and transcultural at the same time (or some combination of two of those).
State of Maryland Passes New Law (SB 864): Higher Education Tuition Exemption for Foster Care
During the 2026 legislative session, Maryland passed SB 864, Higher Education – Tuition Exemption for Foster Care Recipients – Eligibility, which makes a meaningful change to the state’s existing tuition exemption for foster care recipients. Maryland already provided tuition exemption for eligible foster care recipients attending public institutions of higher education. However, prior law included an age-based eligibility limitation that could leave out children who entered foster care at a younger age and achieved permanency before adolescence.
The new law lowers the relevant age threshold from 13 to 8 for youth who resided in an out-of-home placement for at least one year and were later placed into guardianship, adopted, or reunified with at least one parent. The law will take effect on July 1, 2026.
The Maryland General Assembly’s bill summary describes the change as altering the definition of “foster care recipient” from someone who resided in an out-of-home placement on or after their 13th birthday to someone who did so on or after their 8th birthday.
Addressing a Permanency Gap
This change may sound technical, but its impact is deeply meaningful.
Under the previous structure, children who entered foster care early in life and achieved permanency before age 13 could lose access to this higher education resource later on. For children, families, and professionals working toward permanency, this created an unintended tension. Achieving adoption or guardianship before age 13 could affect a young person’s future access to tuition exemption.
In some cases, prospective adoptive families were placed in the difficult position of considering whether waiting to finalize permanency would help preserve a child’s future access to this resource. That is not how policy should work – no child should have to remain in foster care longer in order to preserve access to educational opportunities.
That is why this policy change matters. Maryland did not simply expand a tuition benefit – the state addressed a permanency gap.
By lowering the threshold to age 8, Maryland has taken an important step toward aligning higher education policy with the goal of timely permanency. The change recognizes that children who experience foster care earlier in childhood may still carry the long-term educational, emotional, financial, and relational impacts of that experience into adolescence and adulthood. It also affirms that achieving adoption, guardianship, or reunification should not mean losing access to supports that help young people thrive.
Maryland’s fiscal analysis noted that the exact number of newly eligible students is not yet known. However, the According to the Maryland SB 864 Fiscal and Policy Note, DHS advised that 198 youth between ages 8 and 12 left care through adoption, guardianship, or reunification in FY 2024, and 182 youth did so in FY 2025. While not every young person will pursue postsecondary education, these numbers show that this policy change has the potential to affect real children and families across Maryland.
The National Impact: Foster Care Tuition Assistance Programs Varying State by State
This victory also has national significance.
Across the country, foster care tuition waiver and tuition assistance programs vary widely. Some states offer tuition waivers, others provide grants or scholarships, and some rely primarily on the federal Education and Training Voucher program. A national review by the Education Commission of the States found that state-level tuition assistance programs differ significantly in who qualifies, how long a young person must have been in care, and when a student must use the benefit.
That variation matters. Many state programs are still tied to later adolescence, aging out of care, or being in foster care at or near age 18. Public summaries of state tuition waiver and grant programs describe eligibility rules that often require a young person to have been in care during adolescence, at the time of high school graduation, or when they turned 18. For example, Virginia’s law states that eligible students include those who were in foster care, in the custody of social services, or considered a special needs adoption at the time they received a high school diploma or GED, as well as students who were formerly in foster care when they turned 18. In comparison, Maryland’s new age-8 threshold reflects a broader understanding of how early foster care experiences can shape a young person’s long-term educational needs.
Maryland’s new age-8 threshold places the state at the forefront of a more nuanced national policy conversation – one that recognizes that higher education support should not only be available to youth who remain in care as teenagers or age out of foster care. These supports should also protect children who entered care earlier in life and achieved permanency before adolescence.
That distinction is important. A tuition exemption policy can be well-intentioned and still create unintended consequences if its eligibility rules are not aligned with child welfare goals. If a policy gives stronger future benefits to children who remain in care longer than to children who achieve permanency earlier, the policy may unintentionally work against the very outcome the child welfare system is designed to promote.
Finalization is Not the Finish Line
For C.A.S.E., this issue is directly connected to our mission.
Permanency is not simply a legal outcome. It is a lifelong process that requires preparation, support, and systems that understand the complex needs of children, youth, and families impacted by foster care, kinship care, guardianship, and adoption. Policies should make it easier for children to achieve stability, not create tradeoffs between permanency and future opportunity.
This is why adoption-competent systems matter. Children and youth do not stop needing support once a legal permanency decision is finalized. Families continue to need resources, guidance, and systems that understand the lifelong impact of foster care, adoption, kinship care, and guardianship. Higher education access is one part of that larger continuum of support.
Maryland’s expansion is a meaningful example of how policy can better reflect the lived realities of children and families. It also reminds us that eligibility rules, even when well-intentioned, can have real consequences. When policy does not account for the full experiences of children and families, it can unintentionally create barriers to the outcomes it is meant to support.
Strengthen Permanency for Foster Youth and Families in Maryland
C.A.S.E. is proud to have witnessed this important step forward in Maryland. We celebrate this victory not only because it expands access to higher education, but because it reflects a larger principle: children should not have to wait for permanency in order to protect their future.
As C.A.S.E. continues to advocate for policies that strengthen permanency, expand access to adoption-competent supports, and promote lifelong well-being, Maryland’s tuition exemption expansion offers a powerful reminder that thoughtful policy can remove barriers, support families, better align systems with the needs of children and youth, and help ensure that young people with foster care experience have the opportunity to pursue their futures with stability, support, and hope.
