Privacy & Confidentiality Issues in Sharing Data Effective Models for Sharing Education Information To Improve Child Welfare Outcomes Jessica Feierman,

Privacy & Confidentiality Issues in Sharing Data

Effective Models for Sharing Education Information To Improve Child Welfare Outcomes

Jessica Feierman, Juvenile Law Center Maura McInerney, Esq. Education Law Center

National Resource Center for Child Welfare Data & Technology

August 11, 2011

Who We Are

American Bar AssocationJuvenile Law CenterEducation Law CenterCasey Family Programs

http://www.abanet.org/child/education/

Children in Child Welfare System

Only one third receive high school diploma in four years; Twice as likely to drop out

– Philadelphia study: 75.2% of youth in care dropped out of high school in 2005

2-4 times as likely to repeat a grade – California study: 83% of children in care in Los Angeles were held

back in school by the third grade

Significantly below their peers on standardized tests– lower reading levels and lower grades in core academic subjects

While 70% of foster youth dream of attending college, 7-13% gain access to any higher education programs and 2% obtain bachelor’s degrees.

Major Barriers To Educational Success for Children in Care

Lack of school stability – Average child in care changes schools at least three times– 65% more than seven times according to one study

Delays in enrollment and transfer of credits

Disproportionate referrals to disciplinary settings

Lack of access to educational services

Confusion over decision making authority

Absence of education advocates, especially for children in special education

Sharing Information To Improve Educational Outcomes

Education to Child Welfare

Child Welfare to Ed Joint Research Common Data System

Accessed by Multiple Agencies (with varying levels of accessibility)

Two Types of Information

Statistical – Aggregate & Disaggregate Not “personally” identifiable Confidentiality rules do not apply Disaggregate = Children/youth in child welfare

Student Level - Individual Personally identifiable Confidentiality rules apply Individual records - reports, transcript, IEPs, discipline

records, medical records & beyond

The Benefits of Sharing Education Information: Aggregate Data

Identify systemic problems Develop effective policies & priorities to

– Improve education outcomes– Increase accountability of systems

Target funding (e.g., school stability) – Increase and target $$ for specific goals

Educate and facilitate collaboration among multiple systems: Education, Child Welfare, Juvenile Justice, Employment, Job Training, Vocational, etc.

The Benefits of Sharing Individual Student Data

Education to Child Welfare:– Trigger prompt interventions & improve services to child – Inform other decisions (e.g., placement and transition goals)– Longitudinal data: Track child over time & across systems –

employment, medical etc. – leading to systemic reform Child Welfare to Education:

– Legal benefits (McKinney-Vento, Fostering Connections)

– Appropriate supports and responses to child’s behavior

Risks of Sharing Information

Education to Child Welfare– Low sensitivity of information– Undermines parental rights

Child Welfare to Education– Highly sensitive information– Potential alienation of parents from education

system– Possible punitive impact (e.g., disciplinary

placement)– Repercussions for child (e.g., bullying)

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

Must keep health and education records as part of written case plan, that includes:

– Name and address of health and education provider– Grade level performance– School record (including disciplinary record)– Known medical problems and medications– Any other relevant health and education information (e.g., IEP, 504

Plans etc.) Must supply records to foster care provider Must supply records to youth exiting care

Information Child Welfare Must Collect

What Else Could Child Welfare Collect

School Mobility: Whether living placement resulted in school change & re-enrollment

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

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

Discipline: Suspensions, expulsions, alternative education for disruptive youth

What Could Child Welfare Collect (Cont’d)

Type of educational placement: public school, residential settings (on-site school, homebound, etc.)

School completion rates: Drop out, years to complete high school; reasons for dropping out and at what age

Credit Issues: Document problems with credits, obtaining high school diploma

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

What is Education Already Collecting

All States Collect Data– NCLB: No Child Left

Behind / IDEA Electronically Maintained Student Specific

Identification Numbers

Each State May Collect– Additional Data (e.g.,

discipline info, links to other agencies)

Sharing Information:Real & Perceived Barriers

Family Educational Rights and Privacy Act 20 U.S.C. § 1233g; 34 CFR Part 99

Purpose: Protect privacy interests of students’ education records. Prohibits schools from disclosing personally identifiable information from students’ education records without the written consent of a parent or eligible student, unless an exception to general consent rule applies.

Rights Under FERPA

to be informed about educational records; to inspect them; to request an amendment to them; to challenge the accuracy of the records; to prevent unauthorized disclosure of the records; to complain to DOE about a violation of FERPA; and to waive these rights in writing.

FERPA Definitions

Education records: Records that are directly related to a student and maintained by an educational agency or institution, or by a party acting for the agency or institution. See 34 CFR § 99.3

Parent : Natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

Redisclosure prohibited

School may disclose personally identifiable information only on the condition that the party to whom the information is disclosed will not redisclose the information without the prior consent of the parent or eligible student.

Penalty: If third party improperly rediscloses information, the educational agency or institution may not allow that third party access to personally identifiable information from education records for at least five years. 34 CFR § 99.33(e).

FERPA CONSENT NOT REQUIRED:Non-personally identifiable Information

Student is identified by non-personal identifier – Identifier itself is not a scrambled Soc. Sec.

unless such identifiers are protected by written agreements reflecting generally accepted confidentiality standards within the research community; and

– cannot be linked to a student.Data file is populated by data from education

records in a manner that ensures that identity of any student is not easily traceable.

FERPA Exceptions (15)

Directory Information (subject to Opt-out)– name, address, phone, date and place of birth,

participation in officially recognized activities and sports, and dates of attendance.

Law Enforcement Exception: disclosure to state and local authorities within department of juvenile justice

Emergency Exception: Disclosure to “appropriate parties” in connection with “emergency” to protect health and safety of student or other persons;

Judicial order or subpoena: Comply with court order **– With notice of disclosure to parent/student

FERPA Compliance Tips

Parental Consent Form– Must notify parent of what they are sharing

and with whom, for what purpose & duration – Writing must be clear & user friendly

Court Order– MUST be specific (not CW determines educat.) – Individualized (CANNOT be blanket order)– Reflect notice to FERPA parent– May limit scope of education records or use

FERPA definition

What’s Happening In YOUR State

Data Quality Campaign– http://www.dataqualitycampaign.org/survey_result

s/index.cfm

Ed Data Express (U.S. Department of Ed.)– http://www.eddataexpress.ed.gov/

Education Commission of the States– http://mb2.ecs.org/reports/Report.aspx?id=913

How Can We Do This?

Tools– Solving the Data Puzzle:

http://www.abanet.org/child/education/publications/solvingthedatapuzzle.pdf

– Mythbusting: Breaking Down Confidentiality and Decision-Making Barriers to Meet the Education Needs of Children in Foster Care  Author: Kathleen McNaught www.abanet.org/child/education

Funding Opportunities

Contact Information

Jessica FeiermanJuvenile Law Center

[email protected]

Maura McInerneyEducation Law Center

[email protected] www.elc-pa.org