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LCFCE Conference Call

August 13, 2008

data defined
“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
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 important student level
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
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 know
What We Know

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

Education andChild 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
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
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
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
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
What Data Does Education Collect Under NCLB?
  • Attendance: Days “absent without excuse” and days enrolledin 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
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
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
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
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
What’ s In YOUR State
  • Data Quality Campaign
  • Education Commission of the States
what does child welfare collect
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 reviews 42 u s c a 1320a 2a
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
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
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 ChildhoodEducation Headstart/other programs: what age & how long
what could child welfare collect1
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
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 ferpa
Education Laws: FERPA

Family 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
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
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
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
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
Contact Information

Education Law Center

Maura McInerney