DATA POWER:

1. 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

2. “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)

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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?

9. 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

10. What is Education Collecting • NCLB: No Child Left Behind Act . . . . • Collects Critical Information in ALL States • Electronically Maintained • Student Identification Numbers

11. 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.

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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.

18. 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?id=913

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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)

29. Examples of Data Collection & Information Sharing • Florida Department of Education • Utah • California • Los Angeles Education Coordinating Council • San Diego • Pennsylvania • Your State Here

30. Contact Information Education Law Center www.elc-pa.org Maura McInerney mcinerney@elc-pa.org