DATA POWER: COLLECTING AND SHARING EDUCATION AND CHILD

WELFARE INFORMATION TO IMPROVE EDUCATIONAL OUTCOMES FOR CHILDREN IN FOSTER CARE

LCFCE Conference Call August 13, 2008

“Data” Defined

Data = Information [Education] Statistical & Student Level

Statistical Level – national/subcategories Not personally identifiable

Student Level - individual Education Records Personally identifiable

Aggregate = All Children (national/state) Disaggregate = Subset (kids in care)

Why is Data Important:Statistical Level

Indentify systemic problems Develop effective policies & priorities

Reduce barriers to educational success Increase accountability

Substantiate need for funding Increase and target $$

Educate everyone and facilitate collaboration among multiple systems Educate agencies about the children they serve

Why Is Data ImportantStudent Level

Individual educational needs of child Critical to well being Triggers prompt intervention Informs other decisions (e.g.,

placement and transition goals) Enhances and improves delivery of

services

Data Disconnect Limited Information Available

No National Statistics Few Statewide Studies Limited Regional/Local Studies

However, those studies consistently indicate that children in care are educationally at risk and in crisis

What We KnowEducational CRISIS

Only one-third of students in substitute care receive a regular diploma within four years;

Twice as likely to drop out; 2-4 times as many youth in out-of home care have

repeated grades compared to their non-foster care peers;

Score significantly below their peers on standardized tests, have lower reading levels and lower grades in core academic subjects

Greater absenteeism

What We Need To Know Beyond geographic snapshots Extent of the problem Longitudinal data tracking children over

time Statistically significant factors contributing

to educational failure Eg., multiple school changes; type of placement;

length of stay; discipline rates What is working

Trauma informed curriculum; positive behavioral supports

What is Being Collected, By Whom and to What End?

Education and Child Welfare:

What is the purpose of the data collection? Where/how is the information maintained? How is it currently being used? What data relates to the educational outcomes of

children in care? How could it be revised/expanded to improve

educational outcomes for children in care? How could it be shared across systems?

Identifying Children in Care

Only Child Welfare Knows Possible Solutions:

Residency Codes: Enrollment status Student Identification Numbers: Child

welfare maintains Student ID Nos. in case files & supplies list to education

Data Matching: Match Name/DOB with Education’s Unique Student Identifier

What is Education Collecting

NCLB: No Child Left Behind Act . . . .

Collects Critical Information in ALL States

Electronically Maintained

Student Identification Numbers

No Child Left Behind Act Passed in 2002; reauthorized the

Elementary and Secondary Education Act 20 U.S.C. § 6301 et seq.

Purpose: Improve educational performance and eliminate the achievement gap between groups of students. Requires States to implement accountability systems at the State, school district and school level.

Understanding NCLB

Students attending Title I schools designated “in need of improvement” for two consecutive years have opportunity to transfer to new school in the same district

Low income students attending Title I schools designated as failing for at least three of four prior years, must receive “supplemental educational services”

Students who attend persistently dangerous schools, or who have been victimized by school violence, must be allowed to transfer to a safer school in the district

What Data Does Education Collect Under NCLB? Attendance: Days “absent without

excuse” and days enrolled in school School Enrollment: Tracks student

mobility, enrollment delays & grade level designation at time of enrollment

Academic Progress* Standardized scores Special Education* Disability & Services Program Template: Participation in

remedial & other programs (Title I, HS) * = May be separate State data system

Student Template Data Gender Race/Ethnicity Student Status – Court placed “or” alt ed. Economic status (Free/Reduced Lunch Program) Educationally Disadvantaged under Career and

Technical Education programs: Plan 504 Indicator LEP Participation/English Proficiency/Language

Breakdown/Language/ Home Language Code Courses – Advanced courses only Grade retention Expected Graduation, Graduation Status Code &

Type of Diploma   Expected Post Graduate Activity  

What Could Education Collect Prompt Enrollment (FL example) Truancy Rates under State Law School Performance (San Diego) Special Education Data - Expanded Academic Progress – Expanded Program Data – Vocational & ESY Course Enrollment Credit Transfers Discipline Higher Ed Data

Longitudinal Data Under NCLB NCLB strongly endorses the use of

longitudinal data: “Each State may incorporate the data from

assessments into longitudinal data systems that link student test scores, length of enrollment and graduation records over time.” Title I Part A Sec. 111(b)3(B)

U.S. Dept. of Ed provides funding to states to develop systems to link records over time OR to identify best educational practices

NCLB State Data Collection

45 states have developed a statewide “student identifier” that connects student-specific data across key databases and across years.

18 states have data systems which align PreK-12 and post-secondary education systems to track students through their post-secondary careers.

What’ s In YOUR State

Data Quality Campaign http://

www.dataqualitycampaign.org/survey_results/index.cfm

Education Commission of the States http://mb2.ecs.org/reports/Report.aspx?i

d=913

What Does Child Welfare Collect

Title IV-E of the Social Security Act 42 U.S.C.A. 675(1)(C) & (5)(D)

Requires that child welfare agency case plans include the most recent information available regarding education records of child

Duty to review and update Duty to supply to every foster parent/provider Must consider education in making placement

decisions

Child & Family Service Reviews42 U.S.C.A. 1320a-2a

Well-Being Outcome 2, states: “Children receive appropriate services to meet their educational needs.” 34 states NOT is substantial conformity

Availability of school records is a factor in determining whether a state child welfare agency is meeting the educational needs of a child

AFCARS (Adoption and Foster Care Analysis and Reporting System)

45 C.F.R. 1355.40 Semi-annual Currently, only ONE question of 66

even mentions education (re visual impairment)

Proposed Amendments to AFCARS: Learning or developmental disability Special education Repeated Grade: if so, how many

What Could Child Welfare Collect

Whether living placement resulted in school change & re-enrollments

Special Ed: early intervention; evaluations requested/conducted; services delivered as child moves; type of learning/devp’l disability

Early Childhood Education Headstart/other programs: what age & how long

What Could Child Welfare Collect

Type of educational placement: public school, on-ground school, alternative education

School completion element: Including WHY child dropped out

Transition Readiness: level of education, life skills training, plans

Sharing Data & Information Across Systems

Real and Perceived Barriers:

Child Welfare Laws: CAPTA 42 U.S.C. 5106 (A)(B)(2) & (A)(B)(A) State laws must protect confidentiality of

child welfare records & specify when and with whom records may be shared

State statues may authorize info. sharing Permits sharing of info. with gov’t agency

to protect child from abuse/neglect

Education Laws: FERPAFamily Educational Rights and Privacy Act

20 U.S.C. § 1233g; 34 CFR Part 99

Purpose: to protect privacy interests of parents and students regarding the students’ education records

Parent’s right to share or refuse to share records

Exceptions to parental consent

When Can Education Records Be Shared with Child Welfare:

Is It An Education Record? Directory Information? If It Qualifies:

Parent consents Parental Consent Form (time of placement)

Child Welfare Agency may meet FERPA definition of parent (acting in place of parent)

State law authorizing disclosure OR FERPA Exceptions to consent

FERPA Exceptions to Consent: Research “Specifically authorized by Federal Law” Officials and authorities indicated by state

statute for purposes of improving JJ system’s ability to serve the student

Appropriate persons when release of information is needed to comply with judicial order or subpoena

Sharing Information To Improve Educational Outcomes

Education -> Child Welfare

Child Welfare –>Ed Joint Research Common Data System

Accessed by Multiple Agencies (with varying levels of accessibility)

Examples of Data Collection & Information Sharing

Florida Department of Education

Utah California

Los Angeles Education Coordinating Council

San Diego Pennsylvania Your State Here

Contact Information

Education Law Center www.elc-pa.org

Maura McInerneymcinerney@elc-pa.org