Data & Information Sharing
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Sharing information on the education of children in out-of-home care improves their educational outcomes. The information we gather and share across the child welfare, education, and court systems allows us to:
Provide access to a child’s education information to ensure appropriate services
Track trends, deficits, and improvements for children in foster care
Shape education and child welfare policies, programs, and practices
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The Legal Center can assist you:
Identify what information needs to be shared across systems;
Understand how to share information consistent with federal and state confidentiality laws;
Develop information-sharing tools, such as Memoranda of Understanding (MOUs) between child welfare and education.
Contact us to request training or technical assistance.
Child Welfare Law & Policy
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In 2008, the Fostering Connections to Success and Increasing Adoptions Act (Fostering Connections) included several education provisions in federal child welfare law. This was the first time that school stability was prioritized in federal law and marked a shift in the need for child welfare agencies to prioritize the educational needs of students in foster care.
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In 2020, final regulations were released by the U.S. Department of Health and Human Services (HHS) revising the data that child welfare systems will be required to report annually to HHS as part of the Adoption and Foster Care Analysis and Reporting System (AFCARS), a child welfare data collection system designed to gather uniform and reliable information across states on children in foster care and children who have been adopted. Among the changes adopted, child welfare agencies are now required to report on several elements related to education, including school enrollment, highest grade completed, and involvement in special education.
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In 2016, HHS published the Comprehensive Child Welfare Information Systems (CCWIS) final rule, significantly changing federal requirements related to automated systems that collect and store child welfare data for state and tribal Title IV-E agencies. Among the requirements, the CCWIS final rule for the first time requires agencies building these systems to exchange data with other health and human service agencies including education systems and child welfare courts, if practicable. For more information about CCWIS requirements under the final rule, click here.
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The National Youth in Transition Database (NYTD) is managed through the Children's Bureau and collects information on youth in foster care care including outcomes of youth who have aged out of foster care.
Education Law & Policy
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FERPA outlines the responsibility of schools to protect the privacy of a student’s education records, including parental consent to access educational records.
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The Uninterrupted Scholars Act (USA) amended the Family Education Rights and Privacy Act (FERPA) to clarify that child welfare professionals can access educational records of youth in their care, even without parental consent. For more information about the Uninterrupted Scholars Act, read a factsheet about USA and the Federal Joint Letter on the Uninterrupted scholars Act to the USA.”
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Under ESSA, beginning in the 2017-18 school year, SEAs were required to collect and report annually on student achievement and graduation rates for all students in foster care. To implement this requirement, education and child welfare agencies need to work together to ensure effective, appropriate, and confidential data and information sharing between systems.
Important Data Resources
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National Factsheet on the Educational Outcomes of Students in Foster Care
For almost two decades, momentum has grown at the federal, state, and local levels to prioritize the educational needs of students in foster care. There has also been an increase in research, and collecting and reporting on data at the national, state, and local levels to evaluate how students in foster care are doing educationally. A growing body of research now reflects the educational needs and significant educational challenges of this group of students. We also have expanded federal and state laws that provide rights and protections for students in foster care, and many emerging and promising programs and interventions that address a range of factors influencing disparities in education outcomes. Below you can access the following:
Exploring Education Outcomes: What Research Tells Us: a comprehensive review and summary of current research findings, with detailed endnotes and full list of references used to compile the summary.
Fast Facts: Data At A Glance: a quick national summary of student outcome data, including some key AFCARs data that can impact on educational outcomes.
Fast Facts: Data At A Glance, State Data Template: a quick national summary of student outcome data that allows a state to input their own data or identify places where further study or information gathering is needed on the state level.
Key Federal Laws: Supporting Students in Foster Care: a summary of federal laws supporting improved education outcomes for students in foster care.
These resources can individually or collectively inform advocates, policymakers, agency leaders, and other key stakeholders. With continued cross-system collaboration and improvements in implementation of federal and state laws and policies, advocates are positioned to build on what is being learned, bring about change, and promote success for all children and youth in foster care.
Acknowledgements
These publications are built upon information that has been collected and released since 2006 as part of numerous editions of the National Datasheet. The first edition of the National Datasheet, released in 2006, included a limited, but consistent, group of research studies, all depicting the poor educational outcomes of students in foster care, and raising awareness about the critical importance of prioritizing education for students in foster care. Between 2006 and 2018, the Legal Center for Foster Care and Education (a project of the American Bar Association, Center on Children and the Law), in partnership with the National Working Group on Foster Care and Education (National Working Group), released several revised editions of this National Datasheet. We are grateful to our current and past philanthropic partners, including Casey Family Programs, the Annie E. Casey Foundation, and the Stuart Foundation, as well as numerous National Work Group members, who have provided information over many years to make this resource a valuable compilation of data, research, and promising interventions. In 2021, the Legal Center for Foster Care and Education, worked to simultaneously create tools to support California stakeholders (through generous support from the Los Angeles County Office of Education) and to update and release this 2022 edition of the National Datasheet.
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Data is key to improve school outcomes for children in care. On March 26, 2015, the Legal Center held a roundtable to share the latest information on data, research, and policy on education for child welfare-involved youth. This summary shares themes from that meeting in three areas: existing research strengths and gaps, proposed changes to Adoption and Foster Care Analysis System (AFCARS) relating to education, and policy opportunities.
This How-To Guide is divided into two sections: a Manual and Tools. The Manual provides details on relevant legal and policy considerations, as well as examples from around the country engaging in this important work. The Tools provide checklists to guide education and child welfare agencies in collaboration.
Mythbusting is an online, searchable publication that addresses the issues surrounding confidentiality and other barriers that arise when advocating for the educational rights of young people in care.
Brief: Education Records of Children in Foster Care
This brief describes the barriers to educational success that children in foster care often face, and how a new amendment to the Family Educational Rights and Privacy Act (FERPA) makes it easier for child welfare agencies to collaborate with schools to eliminate these barriers for children in foster care.
Foster Care and Education - Data Points Articles
Article 1: Understanding why Data Matters and the Foster Care ESSA Data Requirements
Article 2: Bridging a Data Divide: Data Sharing for Youth in Foster Care
Q&A Factsheets
How Can Child Welfare Agencies Access Education Records Under FERPA?
2011 FERPA Regulations: Impact on Child Welfare and Education
Collecting Data to Improve Educational Outcomes For Children in Out-Of-Home Care
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In December 2016, the Legal Center for Foster Care and Education and Data Quality Campaign brought together experts from around the country to provide guidance on creating high-quality data linkages at the state level between child welfare and education agencies. The resulting publication, Roadmap for Quality K-12 and Foster Care Data Linkages, includes advice and examples. Key practice considerations include:
1. Developing a Shared Vision
2. Clarifying Roles and Responsibilities
3. Building Capacity
4. Identification and Data Matching
5. Focusing on Data Quality
6. Data Analysis, Reporting, and Use
7. Ensuring Privacy and Security