breaking down confidentiality and decision-making barriers

MythbustingBreaking Down Confidentiality andDecision-Making Barriers toMeet the Education Needs ofChildren in Foster Care

Kathleen McNaught

sandtC
Stamp

Copyright copy 2005 American Bar Association

The American Bar Association Center on Children and the Law wouldlike to acknowledge that these materials are made possible by a grantand support from Casey Family Programs

The views expressed herein have not been approved by the House ofDelegates or the Board of Governors of the American Bar Association

Thanks to Susan A Weiss Trisha Matthieu and Debbie Staub of CaseyFamily Programs for their guidance and assistance with this publication

Special thanks to Claire Sandt Chiamulera Althea Izawa-HaydenLisa Waxler and Laura Bierley of the ABA Center on Children and theLaw for their hard work on this project

TABLE OF CONTENTS3 Introduction

5 Section 1 Issues and Barriers5 Need7 Barriers

11 Section 2 Myths and Realities11 Confidentiality15 Education Decision MakingmdashGeneral18 Education Decision MakingmdashSpecial Education

24 Section 3 Laws24 Confidentiality33 Education Decision MakingmdashGeneral Education34 Education Decision MakingmdashSpecial Education

42 Section 4 Promising Practices42 Information Sharing and Overcoming Confidentiality Barriers49 Decision-Making Authority52 Special Education Decision-Making Authority

58 Section 5 Resources58 Sources for Searching State Statutes58 Sources for Researching State Education Regulations or Policies59 Studies Reports Articles

70 Appendix A Consent to Release of Education Records

Mythbusting Table of Contents

INTRODUCTIONSCOPEThis publication focuses on meeting the education needs of children inthe child welfare system The issues of confidentiality and decisionmaking are addressed only in the context of meeting education needsPrimarily confidentiality refers to education records but access to childwelfare records is also discussed as it relates to education needsDecision making refers to education decisions only

GOALSThe four goals of this publication are to

1 Provide context and explain why there is a need to addressthe education needs of children in foster careThe benefits of addressing this issue are highlighted as well as thenegative results when systems fail to do so

2 Debunk the myths about confidentiality and decisionmaking Myths are organized by topic and audience includingchildren parents judges child representatives and others involved inmeeting the education needs of children in foster care Some myths areunique to specific audiences while others overlap

3 Explain the main federal laws that affect confidentiality ofeducation records and decision makingGuidance is offered on applying these laws to improve the process ofaccessing and transferring records and making timely decisions aboutthe education needs of children in foster care A frequently askedquestions (FAQs) format is used to help readers easily break down theimportant provision of each law

4 Suggest strategies to overcome confidentiality anddecision-making hurdles when addressing the educationneeds of children in foster careThis section also highlights examples of successful approaches andprograms that can be replicated in any community

AUDIENCEThis publication is written for a broad audience

parentsyouthfoster parentscaretakerseducators

judgeschildrenrsquos attorneysguardians ad litemcourt appointed special advocates

Mythbusting Promising Practices3

HOW TO USE THIS DOCUMENTThis document can be used in a variety of ways depending on theaudience level of knowledge and need

To find information for a particular audience

Begin in Section Two where myths are organized by audience

Continue to obtain more in-depth information by following linksthroughout the document

To learn specifics about various laws that affectconfidentiality and decision making

Begin in Section Three

Then follow links to Section Four for examples ofstrategies and approaches related to the various laws

To find out about a particular issue (eg specialeducation decision making)

Use the bookmark function on the left of the screen to eithersee the myths related to this issue or

Jump ahead to the detailed discussion of the law or examples ofstrategies or programs in this area

Icons are used throughout the document to help users understand wherea link will take you

takes you to Section Three and additional information about theleading relevant laws

takes you to examples of promising practice and strategies toaddress the issues primarily found in section four but also toexternal websites when appropriate

takes you to the Resources section

takes you to a significant policy

The document is a great resource when read in total either in the onlineor printed version as it offers the big picture from the perspective ofseveral audiences

DISCLAIMERThis publication is not intended to be all encompassing It is meant tohelp readers begin to understand some of the issues and questionsrelated to confidentiality and decision making When determining howthese issues are addressed in a particular state or jurisdiction consultstate laws and regulations and other knowledgeable professionals foradditional guidance See the Resources Section at the end of thisdocument for additional reading and research tools


Issues amp Barriers

1

In California the Foster Youth ServicesProgram provides education services tochildren in foster care Several studiesfound that when school programs focus onthe education needs of children in care

educational performance improvesmaladaptive behaviors decrease anddrop-out rates decline

All of these aid successful transitions toemployment or higher education

Improving Education Outcomes

5 Mythbusting Issues and Barriers

Project Achieve an education advocacyprogram in a private New York City childwelfare agency found that

students whose families received bothpreventive services from the agency andeducation advocacy from Project Achievewere not placed into foster care place-ment

21 of the cases in which ProjectAchieve intervened resulted in the childproceeding toward adoption or the agencyclosing the case without going to court

Click here for more on Project Achieve

Source ldquoAdvocates for Childrenrsquos Project Achieve A ModelProject Providing Education Advocacy for Children in theChild Welfare Systemrdquo Advocates for Children of NewYork Inc March 2005 35

Source Ayasse Robert H ldquoAddressing the Needs ofFoster Children The Foster Youth Services ProgramrdquoSocial Work in Education 17(4) 1995 207-216

Project AchieveHelping Children Involved

with the Child Welfare System

NEEDMyth Keeping children safe and finding them permanentfamilies and connections will ensure future success

Reality While safety and permanency are critical to help children infoster care achieve success meeting their education needs is anequally important well-being factor that cannot be left out of theequation

Research shows children who obtain a solid education are morelikely to succeed as adults This especially applies to childreninvolved in the child welfare system whose educational needs areoften overlooked

Myth Meeting education needs is solely a well-being issueand has no impact on permanency

Reality Meeting the education needs of children in foster care has astrong positive effect on permanency for children be thatreunification adoption or another permanent plan Successfuleducation advocacy can result in

a decrease in stressors for the child parentcaretaker andcaseworker involved in the caseincreased stability in the foster care placement andthe empowerment of birth and preadoptive parents andpermanent caretakers by improving their skills and knowledgeabout education advocacy

Myth It is impossible to measure how addressing educationneeds impacts children in foster care

Reality Small incremental changes resulting from improvededucation attention and advocacy for these childrenrsquos education needshave been measured Examples of these changes include

improved enrollment policiesfewer changes in school placementsmore school advocacy andimproved school services for children

Click here for more on this program


The school board of Broward CountyFlorida discovered that

12 of children in foster care werenot enrolled in school by the 20th dayof classes in September 2002

After an extensive campaign to apprisechild welfare and school system staff of theissues and ways to resolve the problem anevaluation in September 2003 revealed that

98 of the children in foster care wereenrolled by the 20th day

Are Foster Children GettingEnrolled in School

Source See research brief available at httpwwwfloridaschildrenfirstorg04_reportsprojEducationStateBrowardBroward_foster_care_reportpdf

Myth Children in foster care do not need any additionalattention paid to their education needsReality Numerous studies and reports show the bleaker picture wheneducation needs are not met for children in foster care The long-termeffects are devastating higher risks for homelessness poverty publicassistance and juvenile or adult court involvement

Data from Casey Family Programs Northwest Alumni Study (2005)on education outcomes for young adults formerly in foster care tell us

Alumni obtain a GED in lieu of a high school diploma at amuch higher percentage than the general population Thisleads to less likelihood of pursuing further education and lower jobincomes

Many alumni who begin higher education programs do notcomplete such programs This can be due to emotional prob-lems needing to work pregnancy and losing interest

Alumni suffer from high rates of homelessness (studies haveshown anywhere from 11 to 222) much greater than thegeneral population (1)1

The short-term effects are equally alarming The articles and studieslisted at the end of this publication in the Resources Section repeatedlylist the following education issues for children involved with the childwelfare system

Frequent school placement changes Children in foster carefrequently move between child welfare placements This oftenresults in a need to change school placements

Lengthy delays in getting education records transferredBecause children in foster care often change placements whichcan result in school changes it is hard to ensure complete educa-tional records follow them Often jurisdictions require such recordtransfers but provide no guidance on timelines for transferringschool records This problem can lead to delays in schoolenrollment

Inability to gain access to education records Not only can it bedifficult to facilitate the transfer of education records from oneschool to another it can also be challenging for foster parents andother individuals involved in the child welfare system to gainaccess to the education records

Missing incomplete or inaccurate education records onceaccessed Education records of children in foster care are notalways kept up-to-date Incomplete inaccurate or lost recordsprevent appropriate and timely school placements and services

Failure to identify school issues and needs Youth in foster carewho need regular supportive education services or special educa-tion services may not be identified for or receive these servicesLack of continuity in school placements and the many adultsinvolved with the child (foster parentscaretakers caseworkersguardians ad litem attorneys) may result in a failure to identify andadvocate for the childrsquos academic needs


Inappropriate special education services and placementsMany children involved in the child welfare system are neveridentified and assessed for special education services There isalso a reverse problem with children who do not need specialeducation services being identified as needing them Children infoster care are referred to special education over three times morefrequently than their peers who are not in foster care2 Oftensuch referrals are made quickly without assessing the entirepicture and a child can be inappropriately placed in special educa-tion

Higher rate of discipline including suspensions andexpulsions Children involved in the child welfare system aremore likely to be suspended and expelled from school than non-child welfare system youth3

Lack of involvement in extracurricular activities Oftenextracurricular activities are not options for children in foster careEven when there is some level of education advocacy for theyouth by their caretaker or caseworker it does not usually includeextracurricular activities They are sometimes viewed as ldquonotimportantrdquo on a continuum of education needs However to thechildren and youth involved participating in extracurricularactivities may be essential to become or stay engaged with school

Higher drop-out rates Youth who have been forced to changeschools andor have lost earned credits because of midyear movesor lost or incomplete education records often become frustratedand leave school before graduating Youth in care may not havepositive role models and may not see the importance of complet-ing high school Or they may be too distracted by the instability intheir family situation to focus on completing school

Less frequent entry into and completion of postsecondaryeducation Too little attention is paid to helping youth in fostercare strive for and complete postsecondary education opportuni-ties A recent study of foster care alumni found that 427 ofalumni had received some higher education but only 206 hadcompleted a degree or certificate program Less than 161 hadcompleted a vocational program and 18 had completed abachelorrsquos or higher degree Although this rate increased asalumni got older it was still lower than for the general population4

BarriersFor children in foster care to achieve academic success judgesattorneys CASAs GALs caseworkers foster parents schools andother advocates in the child welfare and school systems must worktogether to overcome hurdles to meeting education needs Twosignificant hurdles are confidentiality concerns and notunderstanding who has education decision-making authorityThese barriers often cause the failure of or delays in appropriateeducation programming and delivery of services for youth in foster careOvercoming these barriers is an important first step toward successfullyaddressing the education needs of children in foster care

A preliminary study from Los AngelesUnified School District (a school districtthat reports having approximately 7500students in the foster care system)compared performance of children infoster care to other students in the sameschools and classrooms and learningfrom the same teachers Some of theresults indicated children in foster care

performed half to one-third as wellon standardized English languageand math performance tests

were three times more likely to beexpelled or suspended from schooland

were half as likely to be in giftedprograms

Source ldquoPreliminary Analysis Data Match Betweenthe Los Angeles Unified School District and the LosAngeles Department of Children and FamilyServicesrdquo Los Angeles CA Education CoordinatingCouncil 2005 (Unpublished study)

How Do Foster ChildrenPerform in School

A 2002 study of school children in NewYork City found that

only 1 in 50 children in foster careplaced in special education returnedto the regular classroom

versus

1 in 10 children not in foster care

How Many Foster ChildrenLeave Special Education

Source Carter Charlene ldquoSeparate But Not Equal WhyDo So Many Foster Youth Get Stuck in Special EdrdquoSeptember 9 2002 available athttpwwwyouthcommorgFCYU-FeaturesFCYU-2002-09-6htm


Protect privacy Preserve dignity Avoid embarassment

Protect childEnsure child receives appropriateservices and educationSupport collaboration with otherentities and agencies by sharingrelevant information

GrantAccess

Information Sharing Tensions

RestrictAccess

ConfidentialityChild welfare and education systems share responsibility to ensure

children in the child welfare system receive an appropriate educationBoth systems and the numerous individuals involved with each systemneed access to relevant information to ensure this education is providedThis typically will involve some level of information sharing includingexchanging records However confidentiality rules and regulations thatcontrol the release of education and child welfare records are oftenunclear and can hinder the appropriate transfer and disclosure ofinformation

The competing goals of the child welfare and education systemsadd to the complexity of this issue In addition confidentiality laws andpolicies protect the privacy of the child and family preserve theirdignity and guard them from needless embarrassment Child welfareand education systems also try to access information to protect andserve children and have mechanisms to share relevant information witheach other The conflict between confidentiality and protectingchildrenrsquos privacy creates hurdles to accessing and sharing records

A clearer understanding of the Family Educational Rights andPrivacy Act (FERPA) the Child Abuse Prevention and Treatment Act(CAPTA) and provisions under Title IV-B and IV-E of the SocialSecurity Act provide guidance and help overcome some record accesshurdles

Accessing records is an important issue in all states The Child andFamily Service Reviews (CFSRs) a federal review of all state childwelfare systems included ldquoavailability of school recordsrdquo as a factorused in determining whether a state is meeting the education needs ofchildren in foster care 5 Final reports from all 50 states indicate that 19states have problems with missing educational records from case filesor such records not being provided to foster parents 13 states reportschoolagency cooperation and communication is a problem6 Of thesestates nine specifically addressed these problems in their ProgramImprovement Plans (PIPs) Examples of PIP action steps include

Florida creating a model working agreement between the childwelfare agency and the Department of Education to addressconfidentiality of information promote information sharing andinvolving school personnel in the case planning process

Maryland Office of the Attorney General meetings with localschool attorneys to discuss barriers workers face in obtainingeducation records

Click here for more on Floridarsquos effort


A child welfare caseworker (whocannot be the legal decision maker for achild with a disability qualifying underIDEA) can play an important role inattending Individual Education Plan (IEP)meetings and supplying necessaryinformation to the IEP team

A foster mother who has raisedseveral children with special needs andhas years of experience advocating forspecial services in the school system maybe the likely individual to take the lead inschool advocacy whether she is or is notthe education decision maker

The guardian ad litem or childattorney may be the right individual totake the lead advocacy role for a child atrisk for suspension or expulsion becauseof their experience handling disciplinaryproceedings and the similarities of thoseproceedings to court hearings

Examples ofEducation Advocacy Role

South Carolina developingimplementing use of the Educationand Health Passport for all foster children to help maintainchildrenrsquos records regardless of placement

Washington developing interagency agreements that includeprotocols for effective information sharing

Education Decision MakingWho is an ldquoEducation Decision MakerrdquoAn education decision maker is the individual with legal authorityto make education decisions for a child Typically this individualis a childrsquos parent but when children are in foster care someoneother than the parent may have this authority Unfortunately it isnot always clear who has the authority

What is the Difference Between an Education DecisionMaker and an Education AdvocateConfusion over who is the education decision maker affects morethan the legal decision-making process Education decision-makingissues also affect general education advocacy for the child Wecan usually assume the legal decision maker for the child will alsobe a strong education advocate But in the child welfare systemeducation advocacy is not limited to just the individual with theright to make education decisions Even if an individual is not theeducation decision maker the individual can still play an importantrole in education advocacy for the child The right person to takethe lead in education advocacy may differ depending on the caseor even the education issue Just because an individual is not thedecision maker should not prevent them from being an educationadvocate for the child and in fact some of the best educationadvocates (eg court appointed special advocates guardians adlitem teachers school administrators) may not be the educationdecision maker in a childrsquos life

Special Education Decision MakingWho is an Education Decision Maker Under the Individualswith Disabilities Education Act (IDEA)Determining the education decision maker is more complex whenchildren in foster care have special education needs becauseadditional rules apply Confusion over roles and responsibilitiesabounds including who can act as the parent and when a surrogateis needed Often children needing special education services arenot appointed a surrogate as required by IDEA It is not alwaysclear who is authorized to sign consent forms and IEPs Appointedsurrogates often do not know the child and do not represent thebest interest of the child In states where foster parents can beappointed as the surrogate and the child later changes fosterhomes the child loses that surrogate These foster parents andothers also often lack adequate training as surrogates

Click here for more on education and healthpassports


Endnotes1 Casey Family Programs ldquoImproving Family Foster Care Findings from theNorthwest Foster Care Alumni Studyrdquo 2005 35-37 available athttpwwwcaseyorgResourcesPublicationsNorthwestAlumniStudyhtm2 Godsoe Cynthia ldquoCaught Between Two Systems How Exceptional Childrenin Out-of-Home Care are Denied Equality in Educationrdquo Yale Law amp PolicyReview 1981 2000 993 Kortenkamp Katherine amp Jennifer Ehrle ldquoThe Well-Being of ChildrenInvolved With the Child Welfare System A National Overviewrdquo The UrbanInstitute January 2002 available at httpwwwurbanorgUploadedPDF310413_anf_b43pdf4 Casey Family ProgramsldquoImproving Family Foster Care Findings from theNorthwest Foster Care Alumni Studyrdquo 2005 36 available athttpwwwcaseyorgResourcesPublicationsNorthwestAlumniStudyhtm5 45 CFR sect135534(b)(iii)(B)6 States with problems of records not being in the case file andor educationalrecords not being given to the foster parent(s) include AL AR CO FL ID IAMD MI MN NE NV NM NY OK OR PA SD WA WV AR noted poorrecord keeping and RI noted delays in transfer of documents States withproblems in cooperation or communication between agencies and schoolsinclude AL FL KY MD MI MS NE NC RI SC WA WV WY NCspecifically mentioned confidentiality problems

2

Myths amp RealitiesThe following are the most common myths among people involved in the child welfare and education systems related toconfidentiality general education decision making and special education decision making For each topic the mythsare listed by audience type (see glossary for descriptions of these audiences)

CONFIDENTIALITY

Child Myths

1ldquoThe whole world knows everythingabout merdquo

False if the law is followed appropriately However children oftencorrectly assume that all professionals talk to each other abouteverything and fear that personal and painful details of their lives havebeen shared with everyone around them Some children recall incidentsat school when sensitive information was revealed over the loudspeakerfor the entire school to hear For example announcing that the childrsquossocial worker was there to see the child This can be due tothoughtlessness or lack of training provided to teachers school officialsand administrators about the rights and needs of children in the fostercare system1 When systems take confidentiality laws seriously allparties will understand the parameters of what can and should bedisclosed and what information is protected The children will quicklyunderstand their privacy will be respected and ultimately their trust willbe gained

Click here for more about specific confidentiality laws

Click here for strategies to protect a childrsquos right to privacy

Child Realities

11 Mythbusting Myths and Realities

GLOSSARY

CaseworkerFrontline caseworkers and supervisors in publicand private child welfare agencies

Child RepresentativeLegal and lay child advocates including childattorneys guardians ad litem (GALs) courtappointed special advocates (CASAs) etc

JudgeJudicial officers who oversee child welfare cases

ParentBirth and adoptive parents

Foster ParentCaretakerAll placements provided through the child welfareagency including placements with foster parentsand relative caretakers

EducatorAll staff in a school system that would interact orneed to know information about a child in fostercare This includes teachers administratorsschool social workers guidance counselors etc

ChildAll children and youth currently in foster care andthose emancipated from care

Parent Myths Parent Realities

1 ldquoWhen the child welfare systemtakes custody of our child we can nolonger obtain information about ourchildrsquos educationrdquo

False Parents continue to retain the right to access education recordsrelated to their child even when the child is not in their custody unlessthere is a court order or statute limiting access The child welfareagency or the foster parent may also have a right to access But even ifthe child welfare agency andor the foster parents are determined to bethe parent under the Family Educational Rights and Privacy Act(FERPA) and have access the parents still have an additional right toaccess There may be a question in this situation over whether theparent still retains the right to challenge what is in the childrsquos records

Click here for more about the law

Foster ParentCaretaker Myths Foster ParentCaretaker Realities

1 ldquoWe can automatically be consideredthe parent for the purpose of obtainingeducation records for children in ourcarerdquo

Not necessarily You may be considered the parent under the FamilyEducational Rights and Privacy Act (FERPA) definition (person actingin the place of a parent in the absence of the parent) but thisdetermination is not automatic Much depends on how your state andjurisdiction interpret FERPA


Click here for tools to search for state law

2 ldquoCaseworkers cannot shareeducation records of children in ourcare with usrdquo

False Federal law requires caseworkers to maintain education recordsas part of their case plan and share education records with foster careproviders at the time of placement


2 ldquoI canrsquot access my own educationrecordsrdquo

False Youth age 18 and over have an independent right to access acopy of their education records Youth under age 18 can access a copyof their records by obtaining consent from the person considered theparent under the Family Educational Rights and Privacy Act (FERPA)


Click here for an example of a youth education rights wallet cardfrom California

Judge Myths Judge Realities

1 ldquoWe have no authority to orderschools to release education records forchildren who are under the courtrsquosjurisdiction without parental consentrdquo

False A court order for the education records is one of the exceptionsto the Family Educational Rights and Privacy Actrsquos (FERPA) parentalconsent requirement



Childrsquos Representative Myths Childrsquos Representative Realities

1 ldquoWe have an automatic legal right toobtain education records from a schoolwhen we are appointed by the court to bean advocate for a child in a child welfarecaserdquo

False Similar to caseworkers there is no automatic legal right even ifstate law provides that advocates have access to education records Youneed to

obtain consent from the parentsobtain records through the child welfare agency or foster parent ifthey are viewed as the parent under the Family Educational Rightsand Privacy Act (FERPA) and will grant you access orobtain a court order allowing access


Click here for examples

Caseworker Myths Caseworker Realities

1 ldquoWe automatically have a right toaccess education records when ouragency has custody of a childrdquo

False While usually there will be a mechanism to access records theright is not automatic Typically your right to access can be obtainedthrough consent of the parents a determination that your agency isconsidered the parent for purposes of the Family Educational Rights andPrivacy Act (FERPA) or through a court order allowing access


Click here for examples of local and state provisions allowingagency access

2 ldquoWe have no right to access educationrecords for a child we are working withunless we obtain parental consentrdquo

False Parental consent is just one way for caseworkers and agencies toobtain the education records Other ways include being considered theparent for purposes of FERPA or through a court order allowing access


3 ldquoWe have no obligation to maintaineducation records as part of a childrsquos casefilerdquo

False Federal law requires child welfare agencies to maintaineducation records as part of the child welfare case file



4 ldquoWe can never share child welfarerecords with educators working with achild in our custodyrdquo

Not necessarily When a state either has a statute authorizing thesharing of foster care information with the school system or when theschool system demonstrates a need for certain information to protectthe child from abuse and neglect certain child welfare records andinformation can be shared with educators working with childreninvolved in the child welfare system



5 ldquoWe cannot share education recordswith foster parentsrdquo

False If the child welfare agency has received copies of the educationrecords because they are being considered the parent under FERPAthen they are free to share the records with any appropriate individualworking with the child including foster parents If the child welfareagency has received the records through a court order or parentalconsent the release to the foster parent must be made clear in thatconsent or court order otherwise it may be prohibited Federal lawrequires states to include the childrsquos school record as part of the childwelfare agencyrsquos case plan and to have a system in place to supply thoserecords to the foster care provider Therefore child welfare agencyrepresentatives should try to obtain the education records in a mannerthat allows them to share the records with the childrsquos caretaker


Click here for more about sharing records with foster parents

6 ldquoWhen a child entering or in fostercare must change schools we play no rolein the transfer of school records from theformer to the new school That is up tothe schools to sort outrdquo

False Caseworkers must play a role in expediting record transfersamong schools or districts Often caseworkers will be responsible forenrolling students in a new school and notifying the old school of thechildrsquos move and need for records transfer


Click here for state examples of a caseworkerrsquos role in expeditingrecord transfers

Educator Myths Educator Realities

1 ldquoWe should be able to access allinformation related to a studentrsquos childwelfare caserdquo

False Child welfare records contain a great deal of private informationabout children and families only some of which may be related toeducatorsrsquo need to provide for the education of the child Statestypically have mechanisms in place to allow child welfare agencies toshare relevant information from a child welfare case with the schoolproviding for that childrsquos education


2 ldquoWe canrsquot share educationinformation with anyone without parentalconsentrdquo

False Parental consent is just one way that educators can releaserecords to individuals involved in the child welfare system Schoolscan release records to child welfare agency representatives or fosterparents if they are considered to be the parent under the FamilyEducational Rights and Privacy Act (FERPA) definition or if there is acourt order authorizing the release


3 ldquoWhen confidential information froma child welfare case is shared with aschool administrator it should not beshared with any other staffrdquo

False Important information about a student and issues related to thestudentrsquos education need to be shared with all school staff that workwith the student If important information related to the student doesnot ldquotrickle downrdquo to the staff working directly with that studentinformation sharing does not achieve the intended benefit


4 ldquoA childrsquos involvement in foster careis usually common knowledge among staffand peersrdquo

False While sharing information among school staff who have alegitimate interest in working with a student is necessary schools mustbe careful not to violate the privacy of students who are in foster careby sharing information with others who do not have a need to know


Click here for examples of maintaining a studentrsquos privacy

5 ldquoUnless we receive notice from theparent we hold no responsibility ingetting education records to a new schoolwhen a child transfers out of our schoolrdquo

False Schools must transfer records to a new school when a student istransferring This transfer falls under an exception to FERPA and doesnot require consent of the parent

Click here for more about expediting record transfers for youth infoster care

6 ldquoWe can never enroll a child intoschool without the requireddocumentation (eg immunizationrecords birth certificate etc)rdquo

False Schools must immediately enroll students who are eligible underthe McKinney Vento Act regardless of certain records being producedat the time of enrollment Certain children in foster care may beeligible under this federal law or eligible under state law that makesprovisions for immediate enrollment for children in foster care

Click here for more on the federal law

Click here for more on example of state laws

Child Myths Child Realities

EDUCATION DECISION MAKINGmdashGENERAL

False Childrenrsquos opinions should be heard considered and voiced bywhomever is acting as their education advocates They should be givenflexibility to choose classes enroll in summer school and otherprograms to ensure they graduate on time When youth are over age 18they have a clear say in their general education decisions and may havepower under state law to make special education decisions Some statesgo further and give youth under age 18 control over certain educationdecisions (ie right to leave school at age 16)

Click here for examples of materials geared toward youth

1 ldquoWe never have a say in our owneducation decisionsrdquo

2 ldquoI donrsquot know whom to turn to as myadvocate when I am having problems orissues at schoolrdquo

Too often this is true The child welfare system needs to send clearermessages to children about who the education decision maker is andwho can advocate for them Children need to be informed about who ismaking ultimate decisions as well as who can help them navigate schooland education issues



False However permanency and other hearings are often scheduledduring school hours Thus children do not always get to attend and raisetheir concerns Even if they do get to attend they may think they arenot allowed to raise questions about their education especially if thejudge GAL attorney or caseworker does not bring it up Children aredefinitely allowed and should be encouraged to bring up all issuesrelated to their schooling so they may be addressed in a timely andappropriate manner by the court caseworkers and attorneys Inaddition to or instead of speaking themselves children can ask theircaseworker attorney GAL or CASA to voice their opinion in court

Click here for examples of ways education issues are being raisedat court hearings

3 ldquoI donrsquot have a right or a say to bringup my educational status duringpermanency hearingsrdquo


Not necessarily Typically a parentrsquos right to make education decisionson behalf of their child continues unless there is a state law or courtorder that takes away that right


Click here for examples of laws removing this authority

1 ldquoOnce a child is removed from ourcare we no longer have a right to makeeducation decisionsrdquo

Not necessarily Some states have provisions that allow courts to limiteducation decision-making rights before parental rights are terminated

Click here for state law examples

2 ldquoWe always remain our childrsquoseducation decision maker unless ourparental rights have been terminated bythe courtrdquo


Not necessarily The childrsquos parent may retain decision-makingauthority Even if the parentrsquos education decision-making rights arelimited the court may designate someone else to make the decisionsThe child welfare agency for example may have the authority (but notethat caseworkers and child welfare agency staff may not make specialeducation decisions) Remember even if foster parents and caretakersare not the decision maker there is still an advocacy role to play



1 ldquoWhen a child is placed in our care we are automatically given the right to make education decisions for the childrdquo


1 ldquoWe cant help determine theeducation decision maker for a childThat is the schoolrsquos decisionrdquo

False Judges can play an important role in determining the educationdecision maker for the child this is not a decision that schools shouldmake This involves judges making decisions about when a parentrsquoseducation decision-making rights should be curtailed While it is clearthat this occurs at termination of parental rights judges may also curtaileducation rights before termination if it is warranted and in the best


interest of the child In fact judges often do this simply by ordering thata particular individual has the authority to make all education decisionsfor the child Whether by termination of parental rights or other courtorder once education rights are no longer with the parent the judgeneeds to clarify who has taken over education decision-making authorityJudges may be in the best position to know someone who isknowledgeable about the child and is interested in the childrsquos educationto serve in this important role

Click here for a state law example

False Surrogate parents can only be appointed when a child isreceiving or suspected of needing to receive special educationservices For children in general education an education decision makermay need to be identified but that person would not be the ldquosurrogateparentrdquo as that term is specific to IDEA and special education

Click here for more about the law on special education andappointing surrogates

2 ldquoWe can appoint a surrogate parentfor a child in foster care even if that childdoes not receive special educationservicesrdquo


1 ldquoAs the court-appointed advocate forthe child we are entitled to makeeducation decisions on the childrsquos behalfrdquo

Not necessarily Unless your appointment includes a court orderspecifically giving you education decision-making authority you cannotbe the education decision maker for the child Remember this does notmean that you cannot advocate for the childrsquos education needs (in factyou should)




1 ldquoWhen a child is in our agencyrsquoscustody were automatically empoweredto make all education decisions aboutthe childrsquos educationrdquo

Not necessarily Look to state law to see what education decision-making powers are given to the child welfare agency when it obtainscustody of the child Typically states give agencies authority to enrollthe child but state law may not specify what other decisions the agencyis empowered to make Parents may still retain some educationdecision-making rights It is important to distinguish this from IDEAwhich specifically prohibits caseworkers from being the educationdecision maker



False Regardless of whether the agency has the power to make generaleducation decisions once a child is in agency custody the agency has anobligation to work with the parents Prior to a termination of parentalrights unless the agency has obtained a finding from the court that noreasonable efforts to reunify are necessary2 (or education rights have

2 ldquoWhen a child is in our agencyrsquoscustody we no longer need to involve the parent(s) of the child in education decision makingrdquo



been limited by the court) part of reasonable efforts to reunify a familyshould include involving the parent in education decisions




False While this may in fact happen it is an inaccurate assumption forschools to make The caseworker or foster parent may have parentaltype authority for certain issues but the school needs to confirm thatauthority (ie by asking to see the court order)



1 ldquoWhen a caseworker or foster parentarrives at school with a child weautomatically assume that caseworkerstands in the shoes of the parentrdquo



Click here for more on special education and the appointment ofsurrogates

EDUCATION DECISION MAKINGmdashSPECIAL EDUCATION


1 ldquoThere is no one in the specialeducation process speaking up for me orvoicing my opinion for merdquo

Too often this is true However a childrsquos parent or surrogate should beconsidering the childrsquos views and sharing with members of the teamwhat they believe to be in the best interest of the childrsquos educationChildren and youth should also be part of the meeting wheneverappropriate so they can raise their own issues and concerns

Click here for more on the law

Click here for unique example of improved advocacy for youth

2 ldquoOnce I enter special education Icannot get out nor do I have a right torequest a reevaluationrdquo

False Children have a right to be reevaluated to determine if they stillneed special education services If such reevaluation is not being donethey should ask their parent or surrogate parent as well as their teachersocial worker and educational advocate (if they have one) to request areevaluation immediately In some circumstances students who are age18 or older have the power to make their own special educationdecisions in these cases Thus the child may ask the school for areevaluation without going through a parent


3 ldquoIf I enter a new school I have to getan entirely new evaluation and neweducation plan to obtain special educationservices at the new schoolrdquo

False The law requires special education services to continue when achild moves If delays occur because records are not transferred theparent or surrogate should complain to the school or file a formalcomplaint with the state



1 ldquoWe automatically lose parentaldecision-making rights under IDEA whenour child enters the custody of the childwelfare systemrdquo

False Birth parents retain education decision-making rights underIDEA unless state law or regulation or court order limits those rights

Click here for more on the law regarding decision-making authorityunder IDEA

2 ldquoWe always retain education decision-making rights for our child in specialeducation even when the child is not inour custody as long as our parental rightshave not been terminatedrdquo

Not necessarily Some states have statutes that allow for curtailing ofparental education decision-making rights before terminating parentalrights Judges in other states rely on their authority to act in the bestinterest of the child to limit education decision-making rights of parentsshort of terminationg parental rights

Click here for state statute examples

A parent without education decision-making rights could have a role ineducation planning Because that parent may have valuable informationand insight about the child (eg developmental history strengths andlearning challenges) it is best practice for the school andor thesubstitute education decision maker to include the parent whenappropriate Even if a birth parent is unable to attend a meeting theremay be other ways for that parent to provide input to the team Forstates that automatically limit education decision-making rights of thebirth parents when a child enters child welfare agency custodyincluding the birth parent is critical as reunification may likely be thepermanency goal for the child

Click here for legal information about parents without decision-making authority playing an advocacy role

3 ldquoIf we do not have educationdecision-making rights then there is norole for us to play in education planningfor our child and we may not even beallowed to participate in meetingsrdquo

It depends While in MOST states the appointment of a surrogatehappens only after a determination that the birth parentsrsquo education-decision making authority has been limited in some states a surrogatecan be appointed without a determination that the birth parents donrsquothave education decision- making rights In these situations a birthparent may retain rights related to participation and even decisionmaking even though there is a surrogate appointed to the child


Click here for examples of different state interpretations ofsurrogate parents

4 ldquoIf a surrogate parent is appointedthat means we do not have educationdecision-making rightsrdquo


1 ldquoWhen a child is placed in our carewe are automatically considered to be theeducation decision makerrdquo

Not necessarily First parents may retain education rights If they donrsquotthe foster parent or caretaker may meet the definition of parent and haveeducation decision-making authority Another option is that the fosterparent may be appointed as a surrogate for the child giving the fosterparent decision-making authority as well



2 ldquoWe can only be the educationdecision maker if we have been formallyappointed as the childrsquos surrogateparentrdquo

Not necessarily The 2004 IDEA statute clearly adds foster parent to thedefinition of parent without a need for a formal surrogate appointmentThe regulations that predated the new IDEA gave additionalrequirements for when foster parents can be considered the parent butthese additional requirements may not be part of the new IDEAregulations when they become finalized in the near future However thenew federal statute and proposed regulations do not prohibit states fromappointing foster parents through the formal surrogate processTherefore some states (through their statutes or regulations) mayrequire foster parents to be appointed as the surrogate in order to be theeducation decision maker for the child (eg Vermont)



False Foster parents can still play a role in education advocacy evenwhen they are not the education decision maker They can raise issues(ie watch to see if timelines are being met if parent is not aware) andprovide information to the team As the childrsquos day-to-day caretaker thefoster parent may have the best grasp of the childrsquos current educationneeds


3 ldquoIf we attend special educationmeetings and the parents are there andstill hold education decision-makingrights we do not really have a role at themeeting or a right to speakrdquo


1 ldquoWe cannot appoint a surrogate parent for a child in special education That is a decision that must be made by the school systemrdquo

False IDEA now clearly gives child welfare judges (in addition to theeducation agency) authority to appoint surrogate parents for childrenwho need them Judges are also specifically authorized to appoint arepresentative for the child when a child needs consent for an initialevaluation to determine eligibility under IDEA under certainconditions




2 ldquoOther than our new authority toappoint a surrogate parent when one isneeded there is no other role for us toplay in clarifying decision-makingauthority under the Individuals withDisabilities Education Act (IDEA)rdquo

False Similar to general education judges can also play a role indetermining who is viewed as the parent (and has decision-makingauthority) under IDEA This is because some individuals in a childrsquoslife may be automatically considered the parent under IDEA and wouldnot require a formal surrogate appointment


Click here for more strategies


1 ldquoWe can never be appointed as asurrogate parent for a child werepresentrdquo

Not necessarily Some statesrsquo statutes and regulations specify who canbe a surrogate for a child in foster care and include childrepresentatives States may allow child representatives to be thesurrogate even without a specific statute or regulation One concern forchildrenrsquos attorneys who represent the childrsquos wishes (as opposed tousing a best interest model) is the potential conflict between the role assurrogate (requiring best interest of the child) if your client disagreeswith your position as the surrogate


Click here for an example of a California statute specifyingCASAs can be the surrogate

Click here for example of Florida policy permitting guardians adlitem to serve as surrogate parents

2 ldquoIf we are not the surrogate for thechild there is no role for us to play inspecial education advocacy for ourclientrdquo

False Even when you are not the decision maker for the child there canstill be a role to play to advocate for the childrsquos education needs and tooversee that the process is progressing appropriately

Click here for more information on the law

Click here for an example of an innovative program to improvespecial education advocacy


False IDEA prohibits caseworkers from being the special educationdecision maker for the child


False There is a difference between being an advocate and being thelegal education decision maker Just because you are not permitted tobe the legal education decision maker under IDEA does not mean thatyou cannot play an important advocacy role in the childrsquos education


Click here for examples of ways to improve advocacy

1 ldquoWe can always make specialeducation decisions for a child in ouragencyrsquos custodyrdquo

2 ldquoBecause we are forbidden frombeing the special education decisionmaker there is no role for us to play inspecial education mattersrdquo



False In fact it is possible that for some cases where the child is in thecustody of the child welfare system the parent maintains educationdecision-making rights Even if the parent does not maintain educationdecision-making rights the parent still may be permitted to attendschool meetings and be kept informed of school progress and decisionsEducators should also consider seeking input from the parent as theymay have important information that is critical to the childrsquos educationplan Educators need to depend on child welfare system professionals togive them documentation about the parentrsquos legal status to makeeducation decisions

Click here for more about the law when parents retain decision-making authority

Click here for examples of parents without decision-makingauthority playing advocacy role

1 ldquoWhen a child is in the custody of thechild welfare system we cannot allow theparent to be part of education meetingsrdquo

Not necessarily The proper procedure in these situations is verydependent on state law and regulations For example in some states(eg Arizona) it is the judgersquos job to appoint the surrogate whenappropriate so the school system is not involved However in amajority of states the school system may need to appoint a surrogatefor the child The school must first determine that no one meets thedefinition of parent already (this could include the birth parent a fosterparent or someone else acting in the place of the parent) If anotherindividual meets the IDEA definition of parent then a surrogate maynot need to be officially appointed unless your state law requires thoseindividuals who meet the definition of parent to be appointed as thesurrogate (eg Vermont)



2 ldquoWe must automatically appoint asurrogate parent for all children who havebeen removed from their parents andplaced in foster care or a group homerdquo

This is clearly false in all states as of July 2005 Before that time only afew states had provisions that allowed judges to appoint surrogates(eg Arizona) Now the federal IDEA statute makes clear that theeducation agency and a child welfare judge can appoint surrogates

Click here for discussion of new IDEA provisions related tojudgersquos appointing surrogate parents


3 ldquoThe education system is the onlyentity that can appoint a surrogateparentrdquo

False Federal law requires the parent or surrogate to be invited But theIDEA federal regulations also require schools to include (at thediscretion of the parent or the school) people who have knowledge orspecial expertise regarding the child Therefore either the school or theparent (or surrogate) should invite anyone involved with the child (suchas the foster parent or caseworker) If the meeting involves transition

4 ldquoWe only need to include the personmeeting the definition of parent or thesurrogate parent in special educationmeetings for the child No one else in thechild welfare case needs to be invitedrdquo


planning the school must invite (when appropriate and when the parentconsents) a representative from any agency providing or paying fortransition services Since child welfare agencies have a responsibility toprovide transition services to all older youth as part of the child welfaresystem case this means a child welfare agency representative must beinvited to a school meeting discussing a studentrsquos transition services asoutlined in the childrsquos education plan


Endnotes1 ldquoPromoting Educational Success for Young People in Foster Carerdquo NationalFoster Youth Advisory Council (2005) available at httpinpathwaysnetadv_council_statementpdf2 45 CFR sect135621(b)(3)


LawsThis section highlights key federal laws addressing confidentiality and decision-making issues and reviews commonquestions and answers about how these laws apply to meeting the education needs of children involved in the childwelfare system

Passed in 1974 this federal law protectsthe privacy interests of parents andstudents regarding studentsrsquo educationrecords1 Generally FERPA requires statesto provide for a parentrsquos right to accesstheir childrsquos education records and tokeep those records confidential unless theparent consents to disclosure FERPAspecifies the following rights to parents

to prevent release of educationrecords to third parties without theirwritten consent2

to access and review their childrsquoseducation records maintained by theschool3 and

to a hearing challenging what is inthe studentrsquos education record4

1 20 USC sect1233(g) 34 CFR Part 99 FERPA hasbeen amended several times since enacted in 1974 most recently by the No Child Left Behind Act of 20002 20 USC sect1232(g)(b)320 USC sect1233(g)(a)(1)(A) The law requires states toestablish procedures for giving parents access to thisinformation which can be no later than 45 days after arequest is made In addition to FERPA IDEA alsospecifies a parentrsquos right to access their childrsquoseducational records 20 USC sect1415(b)(1)4 20 USC sect1233(g)(a)(2) This hearing can result incorrection deletion or insertion of information if therecord is inaccurate misleading or violates the studentrsquosprivacy rights

Family Educational Rightsand Privacy Act (FERPA) QampA

Mythbusting Laws24

3

What are considered education recordsFERPA defines education records as those materials maintained by

the educational agency or institution containing personally identifiableinformation directly related to a student However the following are notincluded in this definition (and therefore not subject to FERPArestrictions)

oral information based on personal observation or knowledge andnot based on an education record (ie caseworker contactschildrsquos teacher to seek teacherrsquos observations about the childrsquosclassroom behavior)

recordsnotes solely possessed by the individual who createdthem used only as a personal memory aid and not accessible orrevealed to any other person except a temporary substitute for theindividual (ie classroom teacher keeps a ldquocheat sheetrdquo at herdesk to remind her of issues related to the students and it isshared with substitute teachers) and

records of the law enforcement unit of an educational agency orinstitution

How does FERPA define parentThe FERPA statute uses the term parent exclusively when talking

about their rights under the law without defining the term The FERPAregulations define parent as ldquoa parent of a student and includes a naturalparent a guardian or an individual acting as a parent in the absence of aparent or guardianrdquo1

Confidentiality

Under what circumstances can education records bedisclosed to individuals involved with the child welfaresystem by the education agency

Generally there are three ways for individuals involved with thechild welfare system to obtain access to a studentrsquos education records(each is detailed below) under FERPA

parental consent (or consent of a youth over 18)

child welfare agency personnel or foster parent being consideredthe parent or

through one of the FERPA exceptionsChild welfare agencies may need to take the lead in overcoming this

confidentiality hurdle and using one of these methods to access records

Click here for examples of strategies to obtain education records

What needs to happen to secure parental consent foreducation record disclosure

Generally when anyone in the child welfare system wants to accessa childrsquos education records a first step is to gain parental consent Aparent working diligently toward reunification and even parents whodisagree with their children being out of their care may neverthelessconsent to release this education information as the child welfareagency and the foster care provider will need to know how the child isfunctioning educationally

Click here for a sample parental consent form

Can a representative from the child welfare agency beconsidered the parent under FERPA

A jurisdiction may consider a representative from the child welfareagency to be the parent for FERPA purposes when a child is in theagencyrsquos custody This may be because the agency is considered theguardian of the child andor acting as the parent in the absence of theparent or guardian Remember that FERPA does not put any restrictionor clarification on ldquoguardianrdquo (in contrast IDEA specifically excludesthe child welfare agency from the term guardian) Nor does the lawexplain what it means for a parent to be absent so that someone who isldquoacting in the place of a parentrdquo like the child welfare agency can beconsidered the parent for FERPA purposes Being ldquoabsentrdquo could meanthat the biological parent is unknown cannot be found It might evenmean the biological parent is unable or unwilling to be involved withthe childrsquos education But even if the child welfare agency is consid-ered a parent under FERPA in these situations the biological parent willstill be entitled to access the childrsquos education records in addition to theagency

Click here for examples of state and local interpretation of theparent definition

Mythbusting Laws25

The FERPA definition of parentThe FERPA statute uses the term parentexclusively when talking about their rightsunder the law without defining the termThe FERPA regulations define parent as ldquoaparent of a student and includes a naturalparent a guardian or an individual acting asa parent in the absence of a parent orguardianrdquo34 CFR sect993

IDEA 2004 includes the followingdefinition of parent

(A) a natural adoptive or foster parentof a child (unless a foster parent isprohibited by State law from servingas a parent)

(B) a guardian (but not the State if thechild is a ward of the State)

(C) an individual acting in the place of anatural or adoptive parent (includinga grandparent stepparent or otherrelative) with whom the child livesor an individual who is legallyresponsible for the childrsquos welfareor

(D)hellip an individual assigned hellip to be asurrogate parent

20 USC sect 1402 (23)

Defining the ParentFERPA vs IDEA

Can a foster parent or caretaker be considered theparent under FERPA

Jurisdictions may also consider a foster parent or other caretaker asthe parent under FERPA and therefore grant each the right to accesseducation records This could be in addition to the parent or the childwelfare agency This interpretation is supported in the comments thatpreceded the FERPA regulations when they were first issued In re-sponse to concern about the lack of a provision addressing the rights offoster parents to access education records the United States Departmentof Education responded

The regulations already define the term parent in sect993 toinclude lsquoa parent of a student and includes a natural parent aguardian or an individual acting as the parent in the absence ofa parent or a guardianrsquo Thus foster parents who are acting as achildrsquos parent would have the rights afforded parents underFERPA with respect to that childrsquos education records2

When child welfare agency personnel or a foster parentis considered the parent under FERPA what is theimpact on the parentrsquos right to access the sameeducation records

When the child welfare agency or foster parent is considered theparent under FERPA parents still maintain the right to access records A2002 federal circuit case Taylor v Vermont Department of Education 3

clearly establishes that a noncustodial parent has the right to accesseducation records Although this is a child custody case not a depen-dency court situation an analogy can be made to dependency casesParents and the child welfare agency can both be considered the parentand therefore each have the right to access even if one or the otherholds the legal right to make education decisions However birthparents will typically lose their right to access education records if theirparental rights are terminated (as opposed to just a limiting of educationdecision-making rights)

Click here for full text of the Taylor opinion

What rights do youth age 18 and over have underFERPA

When youth turn 18 they have the legal right to obtain a copy oftheir education records and to consent to release these records4 Youthare often unaware of these rights Often no one has helped the youthobtain a complete set of education records because of frequent turnoverof professionals in the child welfare system (eg attorneys GALscaseworkers) Youth need to be provided assistance to contact their lastschool of attendance to request a copy of their complete education file

Click here for an example of efforts to help youth over 18 knowtheir legal rights

Mythbusting Laws26

When youth turn 18 theyhave the legal right toobtain a copy of theireducation records and toconsent to the release ofthese records Youth areoften unaware of theserights

What are the exceptions to FERPANumerous exceptions exist to the requirement for written consent

from the parent before disclosing education records 5 The most relevantexceptions to child welfare professionals that permit disclosure withoutprior consent are to

other school officials including teachers with legitimateeducational interest in the child6

appropriate persons in connection with an emergency when theinformation is needed to protect the health and safety of thestudent or other persons7 (Note used for health and safety emer-gencies where immediate release of the information is necessaryto control a serious situation)officials of other schools when a student is transferring schools8

state and local authorities within the department of juvenilejustice if your state statute permits disclosure9 (Note currentlyonly Florida and Illinois have such statutes) andappropriate persons when the release of information is needed tocomply with a judicial order or subpoena10

How can these FERPA exceptions assist individualsinvolved with the child welfare system to gain access toeducation records

Of the FERPA exceptions the compliance with a judicial order orsubpoena exception is most helpful to child welfare professionalsseeking access to education files Since the juvenile court is alreadyinvolved in the case mechanisms exist to obtain such orders from thecourt Any party to the child welfare case can file a motion to request acourt order to release records These motions could be made in anexpedited fashion if access to records is time sensitive

Click here for some sample court order language

Does it make a difference whether the child welfaresystem professionals gain access to records becausethey meet the definition of ldquoparentrdquo or whether they gainaccess through a FERPA exception

Yes When records are disclosed under an exception the person oragency receiving the records may not redisclose the information unlessthe redisclosure also fits under one of the FERPA exceptions Entitiesthat inappropriately redisclose information obtained under a FERPAexception may be barred from accessing education records from thatschool for a period of time

Practically speaking this means if a child welfare agency or fosterparent is given access to education records through the court orderexception the agency or foster parent may not share the records withanyone (other than the parent or school who already have access to therecords) who does not also fall under a FERPA exception

In contrast if the child welfare agency foster parent or othercaretaker is considered the parent under FERPA they are free toredisclose to whomever they choose However they must take into

Mythbusting Laws27

account the agencyrsquos policies and procedures on releasing informationrelated to a child in care

Does FERPA permit disclosure of records amongeducation staff and various education institutions

FERPA specifically allows education institutions to share informa-tion among staff with a legitimate education interest in the childTherefore FERPA should never act as a barrier to having all schoolstaff who work with the child and have a need to know from obtainingspecifics about the childrsquos education history or programming

FERPA should act a barrier to sensitive information in a childrsquoseducation record being accessed by all school staff and individuals whodo not have a need to know about the child FERPA also allows educa-tion institutions to share records with another education institutionwhen a student is transferring schools Therefore FERPA should neveract as a barrier to timely education record transfers when a child istransferring to a new school

What happens if education records are inappropriatelydisclosed

School systems that repeatedly violate disclosure laws as outlinedunder FERPA risk losing federal education funds11 While a parent has aright to file a complaint with the US Department of Education for aFERPA violation parents may not sue a school system for moneydamages based on these violations12

Once records are obtained what are the other rolesrights of individuals involved with the child welfaresystem

Obtaining copies of education records is important to ensuring achildrsquos education history is appropriately understood and documentedWith the high mobility rates for children in foster care making sure thatdocumentation from each school and each course completed (or evenpartially completed) exists is critical to helping that child successfullycomplete school After obtaining a childrsquos academic record advocatesshould review the documents with the child and other professionalsserving the child Advocates should

understand the education history of the child and in turn betterrepresent and serve the child and

ensure the school has accurate records of courses completedchildrsquos education needs etc to be sure the school is programmingappropriately for the child

Click here to see examples of tools to assist with educationadvocacy

Who has responsibility to transfer education recordswhen a child changes schools

Primarily it is the schoolrsquos responsibility to transfer records when achild changes schools However the old school must receive notice of

Mythbusting Laws28

the childrsquos transfer Although state law may place some burden on thenew school to contact the old school individuals involved with thechild welfare system can play a significant role by providing timelynotice to the school of such school changes and helping to facilitate thetransfer of records

Remember that even if an individual has not yet established theirright to access the education records they can play an advocacy role byensuring these records are transferred promptly An individual with theright to access the records can play an active role in expediting thetransfer of records (ie driving records to the new school)

Click here for examples of state laws and regulations that addresstimely education record transfers

What can a child welfare advocate do upon determiningrecords are missing or are inaccurate

FERPA outlines procedures to delete amend or add information torecords that are inaccurate or incomplete Again this right lies with theparent someone that meets the FERPA definition of parent or a childage 18 or over

Guidance on record access and record amendments is found in a2002 federal circuit case Taylor v Vermont Department of EducationTaylor addressed a noncustodial parentrsquos right to amend or deleterecords under FERPA13 While the case clearly established that anoncustodial parent has the right to access education records it did notgive the noncustodial parent the right to amend records because legalrights over education are with the custodial parent Although Taylor is adomestic relations case not a dependency court situation an analogycan be made to dependency cases Parents and the child welfare agencycan both be considered the parent and therefore each have the right toaccess even if one or the other holds the legal right to make educationdecisions However the case seems to support an interpretation thatonly the person with legal education rights can delete amend or addinformation to the record


Mythbusting Laws29

What does CAPTA say about reporting child abuse andneglect

CAPTA requires states to pass laws that impose mandatory report-ing requirements by certain individuals and entities14 State laws vary onwho is required to report child abuse and neglect For a summary of themandatory reporting requirements in each state by the National Clear-inghouse on Child Abuse and Neglect Information visit httpnccanchacfhhsgovgenerallegalstatutesmandacfm

For summaries of all state law provisions related to reportingprocedures (visit httpnccanchacfhhsgovgenerallegalstatutesrepproccfm) and reporting penalties for failure to report and falsereporting (visit httpnccanchacfhhsgovgenerallegalstatutesreportcfm)

What does CAPTA say about collaboration betweenchild welfare and education agencies

CAPTA states that one purpose of receiving federal CAPTA fundsis to improve the child protective services system of each state inldquosupporting and enhancing collaboration among public health agenciesthe child protection system and private community based programs toprovide child abuse and neglect prevention and treatment services(including linkages with education systems) and to address the healthneeds including mental health needs of children identified as abused orneglected including supporting prompt comprehensive health anddevelopmental evaluations for children who are the subject of substanti-ated child maltreatment reportsrdquo15

What does CAPTA say about confidentiality of fostercare records

The law requires states to have laws in place that protect theconfidentiality of all records but also specifies when these records canbe shared16 Individuals and entities listed as appropriate to sharerecords with include

the subject of the report of abuse or neglectfederal state or local government entities that have a need for suchinformation to carry out their responsibilities to protect childrenfrom abuse or neglecta grand jury or court andother entities or people specified by state law

How could CAPTA be interpreted to allow foster careagencies to share information with the educationsystem

A state needs either

to have a statute authorizing the sharing of foster care information

Child Abuse Prevention andTreatment Act (CAPTA) QampA

CAPTA was originally signed into federallaw in 1974 and was amended andreauthorized in 2003 CAPTA providesguidance for state child protective servicessystems including obligations to reportand investigate child abuse and neglectOne purpose of CAPTA funding is tosupport and enhance collaboration amongagencies (including linkages witheducation systems) around child abuse andneglect prevention and treatment servicesCAPTA also includes requirements relatedto confidentiality and information sharingin child abuse and neglect cases

Mythbusting Laws30

with the school system or

to establish that the school system needs certain information toprotect the child from abuse and neglect

This later argument would base the release of foster care agencyrecords to the education system on a broad interpretation of ldquoprotectionfrom abuse and neglectrdquo that would include all services provided by aschool system to a child involved with the child abuse and neglectsystem

Which states have statutes that allow for release of childwelfare records to education personnel

Many states specify in their state statutes or regulations that someschool officials are permitted access to this foster care information Fora complete overview of state confidentiality provisions including whichstates allow release to education professionals seehttpnccanchacfhhsgovgenerallegalstatutesconfidepdf

Can CAPTA be interpreted to allow release of educationrecords to individuals involved with the child welfaresystem

CAPTA generally guides confidentiality of child welfare recordsand the release of those records CAPTA can also apply to the release ofeducation records to individuals involved with the child welfare systemCAPTA allows the state to share information with any governmententity if the entity needs such information to carry out responsibilities toprotect children from abuse and neglect One could interpret thisprovision to require the state education department to release confiden-tial education records to other state or local government agencies (egchild welfare agency) It would follow that the child welfare agencywould need such information to carry out its responsibilities to protectchildren from abuse and neglect

What does AACWA require agencies to keep in theircase plans related to education information

AACWA requires agencies to keep health and education records aspart of their written case plan to the extent available and accessiblethat include

names and addresses of the childrsquos health and educationalproviderschildrsquos grade level performancechildrsquos school recordassurances that the childrsquos placement in foster care takes intoaccount proximity to the school in which the child is enrolled atthe time of placementrecord of the childrsquos immunizationschildrsquos known medical problems

Adoption Assistance andChild Welfare Act (AACWA) QampA

AACWA is a federal law passed in 1980that established programs of foster care andadoption assistance under Title IV-E of theSocial Security Act and child welfareservices and family preservation andsupport under Title IV-B of the SocialSecurity Act AACWA requires childwelfare agencies to maintain confidentialityof information related to children andfamilies under the act

Mythbusting Laws31

childrsquos medications andother relevant health and education information concerning thechild determined to be appropriate by the state agency17

Click here for examples of state-specific efforts to ensureeducation records are part of a child welfare case file

What does AACWA say about child welfare agenciessharing education records with foster parents andcaretakers

AACWA requires states to have a system in place to review andupdate a childrsquos education records and to supply them to the foster careprovider18

How does the McKinney Vento Act define ldquochildren andyouth who are homelessrdquo

The definition includes ldquochildren awaiting foster care placementrdquoThe law and regulations do not provide further details about thisdefinition leaving it up to states to determine which children in fostercare may be McKinney eligible States have handled this issue in avariety of ways Some states have created agreements between theirstate child welfare and education agencies as to how the ldquoawaitingfoster care placementrdquo will be interpreted

Click here for Massachusettsrsquo policy (Scroll to Massachusettsand Children Awaiting Foster Care)

Click here for Connecticutrsquos policy

Click here to see examples from other states that have passedlegislation that either applies all or many of the McKinney Ventoprovisions to all children in foster care

When do children in foster care need an educationdecision maker

For children under age 18 it must be resolved whether the parentfoster parent child welfare agency representative or other individualmakes education decisions for the child The answer may differ fromstate to state jurisdiction to jurisdiction and case to case The answeralso may differ when dealing with regular education decisions orspecial education decisions

When youth turn 18 they are no longer minors and can consent totheir own general education decisions In some states youth over age 18also have authority to make their own special education decisions (thelaw requires parents and youth over 18 to be notified by the schoolsystem if this rule applies to your state)

McKinney Vento Act QampAThe McKinney Vento Act is a federal lawmost recently reauthorized as part of theNo Child Left Behind Act of 2001 thatensures education access to children andyouth who meet the definition of homelessThe act allows children and youth who arehomeless to remain in their school of origineven if they are moved outside thatschoolrsquos boundaries The act also allows forimmediate enrollment into a new schooleven if typical required documentationsuch as immunization records birthcertificates or guardianship documentationis not immediately available

Click here to learn more about theMcKinney Vento Act

Mythbusting Laws32

What are some of the important regular educationdecisions that must be made for children in foster care

Regular education decisions can be as basic as who has the right tosign permission slips for a child in foster care Even basic issues arecomplicated if it is unclear who has the authority to decide Regulareducation decisions can also involve important decisions about whatschool to attend (eg charter schools) and services for which the childmay be entitled Some examples of regular education decisions include

McKinney Vento If a child in foster care is considered eligibleunder McKinney Vento decisions need to be made whether tokeep the child in their school of origin or seek immediate enroll-ment in a new school

No Child Left Behind Children attending schools that are desig-nated in need of improvement for a number of consecutive yearsmay have a right to transfer to a higher functioning school andora right to supplemental education services The childrsquos educationdecision maker would need to determine if a transfer is appropri-ate for the child and what supplemental education services toaccess

When a child is in the custody of a child welfare agencywho is responsible for making regular day-to-dayeducation decisions

When a child enters foster care the child welfare agency typicallyassumes responsibility for enrolling the child in school19 Howeverabsent a specific state statute or court order authorizing the agency tomake education decisions on the childrsquos behalf the parent(s) needs to beinvolved in every step of the process and in education decisions If thereis a question at any point about the parentsrsquo availability willingness orability to make important education decisions consult state law orpolicies for guidance on when and how courts may intervene

What do you do when the parent is viewed as thedecision maker and you feel someone else should bemaking decisions

Seek a court order clarifying who is authorized to make educationdecisions on behalf of the child This may involve asking the court tocurtail the parentrsquos education decision-making rights and clarify whoshould be making education decisions for the child

Click here for an example of a CA law related to limitation ofparents right to make education decisions

Click here for an example of a CA court form Order LimitingParentrsquos Right to Make Education Decisions and Appointment ofResponsible Adult (JV-535 Form)

EDUCATION DECISION MAKINGmdashGENERAL EDUCATION

QampA

Mythbusting Laws33

There is no federal law that speaks to howto determine who has education decision-making authority in a child welfare caseAdvocates must look to state lawregulations or policies (when they exist)for guidance on this issue

Click here for tools to help search statelaws and regulations

Federal Law on General EducationDecision Making

Who is the decision maker when parental rights havebeen terminated but the child is not yet in a permanentplacement

Termination of parental rights in a child welfare case will clearlylimit the parentrsquos right to make education decisions This should makethe question of who has decision-making rights easier but sometimes itis still unclear State law or a child welfare court should clarify whomakes decisions when the parentrsquos rights are clearly extinguished

If a child in foster care is in need of or receiving specialeducation services does this affect who is theeducation decision maker

Yes IDEA guides decision-making authority for children eligiblefor special education services including children in foster care Theserules about who is the education decision maker can be complicated andmay vary from state to state but the federal law establishes some basicprinciples and criteria

How does IDEA define parentThe 2004 reauthorization of IDEA includes the following definition

of parent

(A) a natural adoptive or foster parent of a child (unless a fosterparent is prohibited by State law from serving as a parent)

(B) a guardian (but not the State if the child is a ward of theState)

(C) an individual acting in the place of a natural or adoptiveparent (including a grandparent stepparent or other relative) withwhom the child lives or an individual who is legally responsiblefor the childrsquos welfare or

(D) hellip an individual assigned hellip to be a surrogate parent20

A determination must be made to see if someone in the childrsquos lifemeets the definition of parent under IDEA This can be the parent evenif the child is not currently in their custody but can also be a relativefoster parent or other caretaker A representative of the child welfareagency can not be considered the parent because of the specific exclu-sion under (B) above If no one else meets the definition of parent underIDEA then a surrogate parent will need to be appointed21

Is this the only time a surrogate can be appointedIt depends on your state law and regulations Some states will only

appoint surrogates when there is no one else that meets the definition ofparent while other states will appoint surrogates whenever the child isin the custody of the child welfare agency or meets their state definitionof ward of the state (see more on this below)

EDUCATION DECISION MAKINGmdashSPECIAL EDUCATIONIndividuals with Disabilities

Education Act (IDEA) QampA

Mythbusting Laws34

IDEA is a federal law first enacted in 1975as the Education for All HandicappedChildrenrsquos Act (EAHCA) and has beenamended and reauthorized numerous timesover the years most recently in 20041

IDEA provides federal dollars to states toensure all children with disabilities thatimpact their ability to succeed in schoolreceive a free appropriate publiceducation in the least restrictiveenvironment possible IDEA sets certaincriteria for special education services thatmust be met but states have some roomfor variations in their own policies

1 20 USC sect 1400 et seq

Click here for examples of various state provisions on decisionmaking and surrogate appointments

How does IDEA define ward of the stateThe 2004 reauthorization for the first time defines ward of the

state This definition is important because the new law gives juvenilecourt judges some authority to appoint decision makers for children whomeet this definition (See below) Ward of the state is defined as ldquoa childwho as determined by the state where the child resides is a foster childis a ward of the state or is in the custody of a public child welfareagencyrdquo22 The definition includes an exception that ldquothe term does notinclude a foster child who has a foster parent who meets the definitionof a parent in paragraph (23)rdquo23

What does the reauthorized IDEA definition of ward ofthe state mean

This provision means that a foster child who already has a fosterparent who can act as the parent will not be considered a ward of thestate because that foster child already has a clear education decisionmaker The new statute does not clearly distinguish between a fosterparent who can act as the parent and one who cannot

Doesnrsquot the new definition of parent mean any fosterparent can act as the parent under IDEA

While this may be an understandable misreading of the statute itdoes not appear that the intent of the new statute was to automaticallyhave all foster parents meet the definition of parent The definition ofward of the state implies that not all foster parents can act as the parentFinal regulations for the new IDEA statute will need to resolve thisconfusion The draft regulations attempt to resolve this issue by clarify-ing that parents take priority over others that meet the definition ofparent24 While this clarification would resolve the issue that parentsand foster parents are not equally considered the parent in all circum-stances it does not resolve when a foster parent meets the definition ofparent and when they do not The upcoming final regulations mayfurther clarify this issue

Who else besides foster parents can lsquoact as theparentrsquo without the need for an appointment as asurrogate

As we see from the definition of parent adoptive parents andguardians explicitly meet the definition In addition the statuteincludes

ldquoan individual acting in the place of a natural or adoptive parent(including a grandparent stepparent or other relative) with whomthe child lives or an individual who is legally responsible for thechildrsquos welfarerdquo

This provision can be interpreted broadly to include any caretakerwhere the child resides or anyone with legal responsibility for thechild For example California law created the designation of a ldquorespon-sible adultrdquo allowing courts to appoint any individual they deemed

Mythbusting Laws35

appropriate to make education decision for the child

Click here for more information about CA law on appointing aneducation decision maker when the child is eligible for specialeducation

Click here for information about CA court forms related toappointing a surrogate parent

What is a surrogate and when do you know one isneeded

The IDEA statute requires states to have procedural safeguards inplace for the special education process including ldquohellip procedures toprotect the rights of the child whenever the parents of the child are notknown the agency cannot after reasonable efforts locate the parentsor the child is a ward of the state including the assignment of anindividual to act as a surrogate for the parents which surrogate shall notbe an employee of the state educational agency the local educationalagency or any other agency that is involved in the education and care ofthe childrdquo25

Schools (and now judges see below) must decide whether a surro-gate is needed in light of the laws and regulations in their state Federallaw provides the three situations where a surrogate may be appointed

parents are not knownagency cannot locate ORchild is a ward of the state

In other words just because a childrsquos parent is unknown canrsquot belocated or the child is a ward of the state may not automatically mean astate must appoint a surrogate If someone else in the childrsquos life meetsthe definition of parent state law can allow that individual to serve asthe parent without a surrogate needing to be appointed On the otherhand a state may chose to automatically appoint surrogate when any ofthose three situations occur

Remember the possibility to appoint a surrogate under IDEA onlyapplies when a child is eligible for special education or suspected ofbeing eligible and needs to be assessed Children not in special educationand who are not suspected of being eligible for special education will notbe eligible for appointment of a surrogate

How are surrogates appointedUnder the 2004 reauthorization of IDEA federal law now permits

the appointment of a surrogate for wards of the state to not only bemade by the education agency but alternatively by a judge overseeingthe childrsquos case26 This is a significant change as the court can nowdetermine who the most appropriate individual is to act as the childrsquoseducation decision maker The court will ideally be familiar with thechildrsquos history and the adults involved in hisher life and will thereforebe in a better position to determine who should make educationaldecisions State law and regulations local policies and procedures maydetermine other specifics about surrogate appointments in individualjurisdiction

Mythbusting Laws36

Click here for an Arizona statute that gives judges exclusiveauthority to appoint surrogates

Click here for a California statute giving the court priority over theeducation agency in appointing the special education decisionmaker under IDEA (through the responsible adult appointmentprovision)

Click here to see an example of California form JV-536 (Responseto JV-535 ndash Appointment of Surrogate) used when school needs toappoint surrogate (only used in CA when court is unable to appointa person to act as the parent for purposes of IDEA)

Who can be appointed as a surrogateSchools and judges can appoint anyone to be a surrogate parent for

the child who meet the criteria listed in the upcoming final regulations

The draft regulations contain the following criteria for both schooland judge appointed surrogates

cannot be an employee of an agency that is involved with theeducation or care of the child (but a surrogate will not be consid-ered an employee merely because they are paid by the agency toserve as surrogate)

The draft regulations have the following additional criteria forschool-appointed surrogates

has no personal or professional interest that conflicts with theinterest of the child he or she represents and

has knowledge and skills that ensure adequate representation ofthe child

Consult the forthcoming final regulations to determine if there arechanges to these criteria

Best practice dictates that an individual with knowledge about thechild and with whom the child has a relationship would be a betterperson to appoint than a stranger While schools often have pools ofindividuals available to appoint as surrogates these individuals would nothave any prior knowledge of the child Schools are free to appointsomeone already in the childrsquos life but may need help identifying sucha person Foster parents caseworkers child attorneys or GALs shouldwork with the school and suggest appropriate individuals to be ap-pointed as surrogates Some states make such preferences part of theirlaw and regulations

Click here to see example of a CA law that requires the educationagency to give preference to relative caregivers foster parentsand CASAs when appointing a surrogate

With the 2004 reauthorization of IDEA judges can now alterna-tively appoint surrogates This should help ensure surrogates known tothe child are filling this role The juvenile court is in a better positionthan the school to know the adults involved with the child and who maybe well suited to be the surrogate parent Through court reports and

Mythbusting Laws37

court hearings the judge has the opportunity to know if there is a rela-tive foster parent CASA or other adult support person available andwilling to be the surrogate

How quickly should surrogates be appointedA new provision in the 2004 reauthorization provides that ldquoStates

shall make reasonable efforts to ensure the assignment of a surrogatenot more than 30 days after there is a determination by the agency thatthe child needs a surrogaterdquo27 Best practice calls for appointing surro-gates as soon as possible to prevent unnecessary delay in the childreceiving appropriate evaluations andor services

What are the special procedures under IDEA for wardsof the state obtaining an initial evaluation to determine ifthey are eligible for special education services

Under the 2004 reauthorized IDEA specific rules are set up forinitially evaluating wards of the state28 The law requires educationagencies to make reasonable efforts to obtain informed consent for theinitial evaluation from the parent when the child is a ward of the stateand is not residing with their parent However the law provides threeexceptions which allow the school to conduct an initial evaluation on award of the state without parental consent if

Despite reasonable efforts the agency cannot discover the where-abouts of the parent

Parental rights have been terminated or

The rights of the parent to make educational decisions have beensubrogated by the judge in accordance with state law and consentfor an initial evaluation has been given by an individual appointedby the judge to represent the child 29

What happens when a student with an IndividualEducation Plan (IEP) or a student in the middle of anevaluation transfers to a new school

IDEA 2004 clarifies that when children with IEPs transfer to a newschool the new school must provide ldquoservices comparable to thosedescribed in the previously held IEPrdquo and ensure the child is receiving afree appropriate public education (FAPE) until the new school formallyadopts the old IEP or negotiates a new IEP with the parent30

When a student is in the process of an evaluation and movesschools the evaluation should still be completed within 60 days orwhatever timeline designated by state law In the case of a school movethe school may extend the timeline but only if the parent agrees and theschool ensures prompt completion of the evaluation

What are the knowledge and skill requirements to be asurrogate

The proposed IDEA regulations require surrogate parents to haveldquoknowledge and skills that ensure adequate representation of the childhowever they do not expand with specifics on this requirementrdquo31 Some

Mythbusting Laws38

states provide specific requirements but not many do so in the detailneeded to ensure quality representation by surrogate parents

Click here for examples from CA law and Indianarsquos administrativecode on requirements of a surrogate

How can states recruit and train surrogate parentsThe current federal regulations allow states to use IDEA funds to

recruit and train surrogate parents32 Even if this direct language isremoved from the final regulations yet to be released other language inIDEA supports the use of IDEA funds for the legitimate and importantpurpose of recruiting and training surrogate parents

What rights do individuals involved in the child welfaresystem have if they are not the education decisionmaker under IDEA

Individuals involved in the child welfare system who have contactwith and knowledge of the child should be part of the special educationprocess These individuals can and should be invited by the school orthe parent or surrogate to participate in all parts of the special educationprocess

The conference report accompanying the reauthorized IDEA statutespecified that the intent was for IDEA assessments to be made ldquoincollaboration with parents (including foster parents) and where appli-cable surrogate parents homeless liaisonshellipcourt appointed specialadvocates a guardian ad litem or a judgerdquo33

As for participation in IEP meetings the federal regulations requirethe parent (or surrogate) or the agency to invite ldquoother individuals whohave knowledge or special expertise regarding the child includingrelated services personnel as appropriatehelliprdquo34

If the meeting involves transition planning ldquoto the extent appropri-aterdquo and ldquowith the consent of the parents or a child who has reached theage of majorityrdquo the education agency ldquomust invite a representative ofany participating agency that is likely to be responsible for providing orpaying for transition servicesrdquo35

Who has the right to file for mediation a due processhearing or a state department of education complaintunder IDEA

Only the education decision maker can file for mediation and or dueprocess if they do not agree with the education decisions reached by theeducation team However even when individuals involved with a childunder IDEA are not the education decision makers they may still beable to file complaints under IDEA to the state department of education

Click here to learn of a unique provision in NY regulations aboutspecial representation for children (education GALs) in dueprocess hearings

Mythbusting Laws39

Endnotes1 34 CFR sect9932 61 Fed Reg 59291 59294 (1996) Comments to FERPA regulations3 313 F3d 768 (2d Cir 2002)4 20 USC sect1232(g)(d) 34 CFR sect 993 and 9955 For a complete list of exceptions refer to the FERPA statute and regulations6 20 USC sect1232(g)(b)(1)(A)7 20 USC sect1232(g)(b)(1)(I)8 20 USC sect1232(g)(b)(1)(B)9 20 USC sect1232(g)(b)(1)(E)To date only Illinois and Florida have adopted such statutes10 20 USC sect1232(g)(b)(1)(J)11 20 USC sect123(g)(d) To date no state has ever lost federal funding forviolating FERPA12 Gonzaga v John Doe 536 US 273 (2002) (Supreme Court ruled thatstudents and parents may not sue for damages under 42 USC sect 1983 toenforce provisions of the Family Educational Rights and Privacy Act (FERPA))13 313 F3d 768 (2d Cir 2002)14 42 USC sect5106(a)(b)(2) (2003)15 42 USC sect5106(a)(a)(14) (2003)16 42 USC sect5106(a)(b)(2)((A)(viii)-(ix) (2003) Specifically the statuterequires states to certify that they have in effect and are enforcing a state law orprogram that include ldquomethods to preserve the confidentiality of all records inorder to protect the rights of the child and of the childrsquos parents or guardiansincluding requirements ensuring that reports and records made and maintainedpursuant to the purposes of this title shall only be made available tomdashindividuals who are the subject of the report Federal State or localgovernment entities or any agent of such entities as described in clause (ix)child abuse citizen review panels child fatality review panels a grand jury orcourt upon a finding that information in the record is necessary for thedetermination of an issue before the court or grand jury and other entities orclasses of individuals statutorily authorized by the State to receive suchinformation pursuant to a legitimate State purpose (ix) Provisions to require aState to disclose confidential information to any Federal State or localgovernment entity or any agent of such entity that has a need for suchinformation in order to carry out its responsibilities under law to protectchildren from abuse and neglectrdquo17 42 USC sect675(1)(c) The term ldquocase planrdquo means a written document whichincludes at least the following hellip (c) To the extent available and accessible thehealth and education records of the child including mdash (i) the names andaddresses of the childrsquos health and educational providers (ii) the childrsquos gradelevel performance (iii) the childrsquos school record (iv) assurances that the childrsquosplacement in foster care takes into account proximity to the school in which thechild is enrolled at the time of placement (v) a record of the childrsquosimmunizations (vi) the childrsquos known medical problems (vii) the childrsquosmedications and (viii) any other relevant health and education informationconcerning the child determined to be appropriate by the State agency18 42 USC sect 675 (5)(D)ldquo(5) The term ldquocase review systemrdquo means a procedure for assuring that hellip(D) a childrsquos health and education record (as described in paragraph (1)(A)) isreviewed and updated and supplied to the foster parent or foster care providerwith whom the child is placed at the time of each placement of the child in

Mythbusting Laws40

foster carerdquo19 For example see New York City Chancellorrsquos Regulation A-101 grantingfoster parents and agencies the right to enroll a student20 20 USC sect 1402 (23)21 For support of this interpretation see Converse County School Dist No Twov Pratt 993 F Supp 848 (DWyo 1997)22 20 USC sect 1402 (36)(A)23 201 USC sect 1402 (36)(B)24 IDEA Regulations 70 Fed Reg 35782 35839 (Proposed June 21 2005)(to becodified at 34 CFR sect30030(b)(1)25 20 USC sect1415(b)(2)26 20 USC sect1415(b)(2)(A)(i)27 20 USC sect1415(b)(1)(B)2820 USC sect1414(a)(1)(D)(iii)29 20 USC sect1414(a)(1)(D)(iii)(II)(aa)-(cc)30 20 USC sect1414 (2)(C)(i)-(ii)31 IDEA Regulations 70 Fed Reg 35782 35874 (Proposed June 21 2005)(tobe codified at 34 CFR sect300519(d)(2)(iii))32 34 CFR sect300370(a)(1) and (b)(2)33 HR Rep No 108-779 pt 151 p 35 Available at httpthomaslocgovcgi-bincpqueryampampdbname=cp108ampampampr_n=hr779108ampampsel=TOC_54219334 IDEA Regulations 70 Fed Reg 35782 35866 (Proposed June 21 2005) (to becodified at 34 CFR sect 300321(a)(6))35 IDEA Regulations 70 Fed Reg 35782 35866 (Proposed June 21 2005) (tobe codified at 34 CFR sect 300321 (b)(3))

Mythbusting Laws41

Promising Practices

4

This section shares strategies and examples of promising practices used in the field They are designed to illustrate theinformation-sharing and education decision making concepts described in the earlier sections

Strategies to Encourage InformationSharing and Overcome ConfidentialityBarriersEstablish the importance of sharing educationinformation with the child welfare systemAs a starting principal communities must unite around the importanceof allowing the child welfare system to access education informationabout a child who is in the custody of the child welfare system Gettingconsensus on this issue may involve extensive efforts to encouragecollaboration in your community This may be through creation ofcommittees or interdisciplinary task forces or other means to bring allnecessary entities to the table Once the issue of sharing importantinformation is addressed it may be important to memorialize this goal

Example Florida statute requiring statewide interagencyagreementFlorida HB 723 passed in 2004 (creating section 390016 of theFlorida Statutes) requiring state and county agencies to enter intointeragency agreements between education child welfare andother key stakeholders This law has lead to the establishment ofthe first-ever statewide interagency agreement in Florida In thisagreement Florida addresses the issue of confidentiality andprovides mechanisms for agencies to overcome the barriers Seethe following excerptsldquoEach Party agreesa) to promote to the fullest extent permissible and in compliancewith federal law Florida Statutes and Administrative Rules hellipthe sharing of information on children known to the departmentwhen it is relevant to their educational growth including postsecondary pursuits job training employment and other benefit

b) that it may be necessary to restrict information sharing due tostatutory prohibitions other than those enunciated in section


communities mustunite around theimportance of allowingthe child welfare systemto access educationinformation about achild who is in thecustody of the childwelfare system

39202 Florida Statutes It is understood that the sharing ofstudent records with parental or custodial consent does notabrogate the confidentiality of the records as to other non-desig-nated partieshellip

e) DCF shall take all steps necessary to promote consent by thecourt natural parent(s) andor legal guardians of the children toenable school districts and AWI staff to provide to DCF theeducational and job training records for children known to thedepartment Local School Districts have consent forms for thispurposehellip1

Example Standardized forms for parental consent to releaseeducation records See Appendix A

Pursue legislative or regulatory changes to clarify howindividuals involved in the child welfare system canobtain access to education recordsUnder FERPA the definition of ldquoparentrdquo found in the federalregulations leaves room for state interpretation Some states andjurisdictions have overcome the potential FERPA barrier for childwelfare professions by including those individuals in the definition ofparent

Example New York City Board of Educationregulationmdashdefinition of parent includes representativefrom foster care agencyThe New York City Board of Education regulations related toaccess to education records use the following definition of parent

Parent means a natural parent a guardian or an individual actingas a parent in the absence of a parent or guardian including therepresentative of a foster care agency who provides ongoingcustodial care (emphasis added)2

By specifically adding the representative from the foster careagency to the definition of parent the regulation makes clear thateducation records can be shared

Example Florida education code definition of parentFloridarsquos statute related to education defines parent as

either or both parents of a student any guardian of a studentany person in a parental relationship or any person exercisingsupervisory authority over a student in place of the parent3

Schools base disclosure of education records to child welfareagencies on the ldquosupervisory authorityrdquo provision

Other states have attempted to clarify who is entitled to accesseducation records through state legislation and regulations While theseefforts are commendable there still needs clarification as to how thesestatutes comply with FERPA (ie do these individuals meet thedefinition of parent or is access being acquired through the court orderexception)


Example Washington state statutory provision allowingchild welfare agency and GALs access to education recordsRCW sect 28A150510 and RCW sect 1334105A Washington State law establishes the child welfare agenciesrsquoability to access education records when requested The lawstates

ldquohellip education records shall be released upon request to thedepartment of social and health services provided that thedepartment of social and health services certifies that it willnot disclose to any other party the education records withoutprior written consent of the parent or student unless autho-rized to disclose the records under state law The departmentof social and health services is authorized to disclose educa-tion records it obtains pursuant to this section to a fosterparent guardian or other entity authorized by the departmentof social and health services to provide residential care to thestudentrdquo4

Another Washington State law also establishes that guardians adlitem have a right to access education records through their courtorder of appointment The language of the statute is as follows

ldquothe guardian ad litem shall have access to all informationavailable to the state or agency on the case Upon presenta-tion of the order of appointment by the guardian ad litem anyagency hospital school organization division or departmentof the state doctor nurse or other health care providerpsychologist psychiatrist police department or mental healthclinic shall permit the guardian ad litem to inspect and copyany records relating to the child or children involved in thecase without the consent of the parent or guardian of the childor of the child if the child is under the age of thirteen yearsunless such access is otherwise specifically prohibited bylawrdquo5

Both of these statutes establish the intent that child welfareagencies and GALs be permitted access to education recordsHowever both need to be read in light of FERPA The childwelfare agency statute can be resolved with FERPA by interpret-ing this provision as establishing that the child welfare agency isviewed as the parent for FERPA purposes However the additionof the no-redisclosure (except to caregivers) provision adds somelimitations to the child welfare agency as ldquoparentrdquo that would nototherwise be required under FERPA (note FERPA would requireno redisclosure if the release of education records was through aFERPA exception)

As for the GAL statute in light of the final clause (unless other-wise specifically prohibited by law) it would still be important toshow that this disclosure is compliant with FERPA This can bedone by reiterating the intent of this statute in a court orderappointing the GAL


Improve court attention to confidentiality barriers andmethods to make information sharing between childwelfare and education agencies easierIt is critical that courts consider FERPA requirements when issuingorders related to access of education records Use of forms or standardlanguage can help alleviate FERPA concerns

Example Sample court order language that complieswith FERPA

Create training materials that help break downinformation sharing obstacles

Example Washington Statersquos Field Guide forInformation SharingThis guide provides basic information on the information-sharinglaw in Washington State and is a designed to help foster parentseducators guardians ad litem CASAs social workers or birthparents The guide includes a decision-making tree that takesreaders step-by-step through the appropriate analysis of when andwhat information can and cannot be shared

Create methods for the child welfare agency to keepeducation records for children in foster care completeand easy to access and transfer as children moveplacements and schools

Example Requiring key documents to be kept in the childwelfare agency fileFor states lacking McKinney-Vento type legislation ensuringimmediate enrollment when children in foster care have to changeschools other steps can be taken to expedite enrollment Penn-sylvania is revising its child welfare regulations to require childwelfare agencies to keep copies of the records required for schoolenrollment (eg birth certificate immunization records etc) in thechildrsquos child welfare agency file Therefore delays should never bethe result of the child welfare agency not having needed documen-tation to enroll the child in a new school While this type of reformshould help cases for children already in the child welfare system(ie caseworker should have had an opportunity to ensure thosedocuments are in file) it does not address speedy enrollment for achild new to both child welfare and a school placement(McKinney-Vento type legislation is still needed for that)

Example Health and education passports and e-passportsCalifornia California established a health and education passportfor children in foster care as part of its state Education Code inthe late 1980s6 This passport ensures education records followchildren as they change child welfare placements and schoolsThe passport includes information on grade level performance andschool records Within 30 days of placement the child welfareagency must provide the caregiver with the passport Bothcaregivers and child welfare agency workers are responsible forupdating the information

Mythbmusting Promising Practices45

Click here to see copy of the Field Guide

Click here for more information aboutCaliforniarsquos health and education passport

Click here for some sample court orderlanguage

Washington In 1997 Washington State established a similar programcalled the ldquoFoster Care Passport Programrdquo As in California thepassport includes educational information The goal is to keep fosterparents caseworkers social workers court personnel and others up todate with the childrsquos needs7 Improvements that have been made to thesystem include automated computerized educational data transfers sopassport information remains current The educational databaseincludes information on grade level any disabilities enrollment statusand grade point average A confidential identification number is used inaccordance with confidentiality guidelines for access to student records

While creating mechanisms like the education passport programs is apositive step to systematizing information exchange the programs canonly be successful if the information contained in the passports isupdated timely States with passport programs report that educationinformation is often not updated due to factors such as case overloadand inability to get records from schools

Federal Effort In 2002 an unsuccessful attempt was made at thefederal level (Senate Bill 2657 from the 107th Congress) to enactlegislation that would have supported states in creating health andeducation passports for youth in foster care and youth aging out of careThe provision would have allowed up to 10 states to receive federalgrants to create among other things an electronic opportunity passportfor youth The passport could consist of an electronic card or secureinternet database and would contain vital information including schooltranscripts

Improve efforts to respect childrsquos right to privacy relatedto involvement in child welfare system while allowingimportant information to be exchanged with schools toensure quality education and programmingInherent in the need to share information across systems is the need tobalance this openness with respect for the childrsquos right to privacy aboutpersonal details of his or her life and family including involvement inthe foster care system Efforts must be made to discover and implementstrategies that will allow for information exchange that limits theprivacy impact on youth

Example Broward County Floridarsquos effortsOne example of how minimal efforts can help protect a childrsquosright to privacy is the use of a specially selected color registrationform to be used when enrolling youth who are in foster care Inthis way a caseworker does not need to arrive at the schoolwearing a child welfare identification badge or announce in theregistration office in front of other teachers or students that astudent in foster care is being enrolled The foster parent orcaseworker merely presents a registration form of the designatedcolor All registration office workers in the district have beentrained to know the form represents a child in foster care


Click here for more information about theWashington State passport program

Click here for a copy of this unsuccessful 2002senate bill and then enter S2657 While this billdid not become law federal action on this issuemay be seen in the future

Ensure youth over age 18 understand their legal rightsIt is not enough to develop strategies to overcome confidentialityconcerns the information needs to be conveyed to youth- particularlyyouth over age 18 and aging out of care

Example CA education rights wallet cardCalifornia has just completed a wallet card designed to quicklyinform youth of their basic rights related to their education Thissmall laminated card is being distributed statewide to youth in careand aging out of the foster care system

Create procedures that expedite the transfer ofeducation records when a child changes schoolsOne important purpose of allowing the child welfare system access toeducation records for children in the statersquos custody is to ensure thechild welfare agency has all necessary information to arrange for achange in school placement It is well known that children who enter orremain in foster care often must endure school moves States have beenmaking efforts around the issue of speedy education record transfers toensure that record transfer delays do not slow enrollment

Example CaliforniamdashAB490California law include the following provisions related to recordtransfersDuty of Placing Agency to Notify School District ofDate of TransferAs soon as the county placing agency becomes aware of the needto transfer a pupil in foster care out of his or her current schoolthe county placing agency shall notify the local educationalagency of the date that the pupil will be leaving the school andrequest that the pupil be transferred out8


Click here for more information about AB490

For more information on how to receive a copyof the card or online version contact ErinSaberi with Casey Family programs at heremail esabericaseyorg

Duty of Local Education Agency to Transfer RecordsUpon receiving a transfer request from a county placing agency ornew local educational agency the local educational agency shallwithin two business days transfer the pupil out of school anddeliver the educational information and records (including deter-mination of seat time full or partial credits earned classesgrades immunizations and IEP)9

Duty of New District to Request RecordsThe foster care liaison for the new school shall within twobusiness days of the foster childrsquos request for enrollment contactthe school last attended to obtain all records10

Example Pennsylvania enrollment regulationsIn 2004 Pennsylvania passed new enrollment regulations toexpedite record transfers for all youth These regulations shouldhave a positive effect on children in foster care who experiencefrequent school moves The regulations provide the following

A school district or charter school shall normally enroll a childthe next business day but no later than five business days ofapplication

Application must be made by the parent guardian or otherperson having control or charge of the student

The new school district must request educational records fromthe old school districts Old school district shall forward recordswithin 10 business days of receiving such a request11

Example Virginia Statute sect 632-900(D)In 2005 Virginia passed new legislation that requires the sendingand receiving school districts to expedite the transfer of educationrecords when they receive notice that a foster care placement hascaused a child in foster care to be moved to a new school dis-trict12 A school system memorandum on implementation of thislaw construes this to mean immediate

Example Maryland SB 426Effective July 1 2005 a new law in Maryland requires educationalrecords to be transferred within five (5) school days for any childin agency care that changes to a new school

Create procedures that ensure children in foster carecan remain in school of origin even when they nolonger reside in the schools jurisdiction or ifremaining is not feasible then immediate enrollment ina new schoolWhile stabilizing school enrollment may seem like a different issue thanconfidentiality and access to education records it is closely related If achild does not need to change schools then the access and transfer ofrecords issues are dramatically decreased Likewise if enrollment in anew school is automatic access to records issues do not becomebarriers to enrollment


Click here for PAregulationsDepartment of Education circulardiscussing implementation of new enroll-ment regulationschild welfare agency bulletin discussingimplementation

Click here for this VA legislation

Click here for this MD legislation

Example State laws that incorporate some or all McKinney-Vento type provisions for children in the child welfaresystem A number of states have passed McKinney-Vento typelegislation to specifically address education issues for children inthe foster care system See the following examples for theirtreatment of the right to remain in the school of origin and theprovision of transportation

California AB 490 Went into effect January 2004 Allows forchildren in foster care to remain in the school of origin and givesyouth the right to transportation but is silent on what agency isrequired to provide such transportation Also requires immediateenrollment in new school

Delaware HB 279 Went into effect Summer 2005 all children infoster care are included in the definition of ldquoawaiting foster careplacementrdquo and are therefore eligible under McKinney-Vento(meaning right to remain in school of origin with education agencyresponsible for transportation as well as right to immediate enroll-ment)

Oregon HB 3075 Passed in Summer 2005 Allows youth infoster care to remain in school of origin if determined by thejuvenile court to be in the childrsquos best interest to do soLaw requires child welfare agency to be responsible fortransportation

Decision-Making AuthorityPursue legislative or regulatory changes to clarify thecourtrsquos authority to curtail a parentrsquos educationdecision-making authority before terminating parentalrights and to appoint an alternative education decisionmakerClarifying decision-making authority for children in the foster caresystem is a critical component of meeting education needs Very fewstates have clear statutory guidance on determining who is the decision-maker A fundamental principle is that a birth parent retains decision-making authority unless that authority has been limited in some wayHowever without guidance on appropriate methods to limit thatauthority in addition to methods to appoint a replacement decisionmaker states may be left scrambling to resolve this issue

Example Californiarsquos ldquoresponsible adultrdquo statuteCalifornia law allows courts to limit the parentrsquos rights to makeeducation decisions for children that have been adjudicated depen-dent The law requires the court to not impose limits that exceedwhat is necessary to protect the child The law also requires thelimitation to be addressed in a court order

In addition to the right to limit education rights the law also allowsthe court to appoint a replacement education decision makerCalifornia law refers to this individual as the ldquoresponsible adultrdquo


Click here for more information about CAAB490

Click here for the full text of the OR legislationand frequently asked questions about the newlaw

Click here for the full text of the DE legislation

Full text of the relevant provisions follows

ldquoIn all cases in which a minor is adjudged a dependent child of thecourthellip the court may limit the control to be exercised over thedependent child by any parent or guardian and shall by its orderclearly and specifically set forth all those limitations Any limita-tion on the right of the parent or guardian to make educationaldecisions for the child shall be specifically addressed in the courtorder The limitations may not exceed those necessary to protectthe child If the court specifically limits the right of the parent orguardian to make educational decisions for the child the courtshall at the same time appoint a responsible adult to make educa-tion decisions for the child until one of the following occurs

(1) The minor reaches 18 years of age unless the child choosesnot to make educational decisions for himself or herself or isdeemed by the court to be incompetent

(2) Another responsible adult is appointed to make educationaldecisions for the minor pursuant to this section

(3) The right of the parent or guardian to make educationaldecisions for the minor is fully restored

(4) A successor guardian or conservator is appointed(5) The child is placed into a planned permanent living

arrangementhelliprdquo13

In 2005 California law was further amended to allow the court totemporarily limit a parentrsquos education decision-making authoritybefore the adjudication and disposition hearing14

Example California Court Rules regarding who is ap-pointed as responsible adultIn California state court rules specifically recognize that whendesignating a responsible adult to serve as educational representa-tive for a child ldquothe court should consider appointing a responsibleadult relative non-relative extended family members fosterparent family friend mentor or Court-Appointed Special Advo-caterdquo as the education decision maker15

Example Maryland limited guardianship provisionIn Maryland state law allows the court to limit a parentrsquos educa-tion decision-making authority beginning at the dispositional phaseof a child abuse and neglect case The statute reads ldquothe courtmayhellipgrant limited guardianship to the [child welfare agency] oran individual or both for specific purposes including medical andeducational purposes or for other appropriate services if a parentis unavailable unwilling or unable to consent to services that arein the best interest of the childrdquo16


Ensure issues of education needs including decision-making authority are raised at all appropriate courthearings

Example NCJFCJ education checklistA newly released judicial tool has been created through the jointefforts of Casey Family Programs Team Child and the NationalCouncil of Juvenile and Family Court Judges (NCJFCJ) Thiseducation checklist reviews key information that judges need toknow to ensure a childrsquos education needs are being met Thechecklist is accompanied by a more detailed technical assistancebrief providing judges additional insight into the items on the listThe checklist may also be used as a template for states andjurisdictions interested in tailoring the checklist to specific statelaw regulation and practice

Example Use of court forms to assist in decision-makerdeterminationIn California the state courts have created court forms to assist inclarifying appropriate practices when addressing the educationalneeds of children in foster care One form JV535 ldquoOrder Limit-ing Parentsrsquo Right to Make Educational Decisions for the Childand Appointing Responsible Adult as Educational RepresentativemdashJuvenilerdquo allows the court to limit either or both parentsrsquo educationdecision-making rights as well as specifically state who is makingeducation decisions This includes when a caretaker can beconsidered the parent without a court appointment as well as whenan individual is appointed as the ldquoresponsible adultrdquo This ldquorespon-sible adultrdquo appointment can be for both general education andspecial education students

Improve education advocacy and training amongpractitionersMany states have created training materials specific to their law andjurisdiction But there are advocacy training tools for other states to useas a framework to aid state training efforts

Training for child welfare systemExample Team Child Advocacy ManualTeamChild a nonprofit organization in Washington State withsupport from Casey Family Programs created a ldquoToolkit forChangerdquo a guide providing resources to help states establisheducation advocacy programs Based on the successful trainingand outreach that TeamChild and Casey provided to foster parentscaseworkers and juvenile courts in Washington the Toolkitprovides templates for training materials brochures and a compre-hensive resource manual for advocates including user-friendlyguidance for advocacy in special education anddisciplinary proceedings and enrollment issues The Toolkit alsocontains instructions on tailoring the material to other statesrsquo uniquelaws and needs without starting from scratch The Toolkit isdesigned to be useful for a variety of different state needs be itinitial trainings for child welfare professionals or to help create adirect advocacy program


The NCJFCJ checklist can be found at httpwwwncjfcjorgimagesstoriesdeptppcdpdfjudicialeducationchecklistpdf

The technical assistance brief can be found athttpwwwncjfcjorgimagesstoriesdeptppcdpdfjudicialeducationtabriefpdf

Click here for a copy of JV-535

Click here for more on special educationapplication of this form

Click here for an on-line version of the Manual

For more information on the Toolkit e-mailquestionsteamchildorg or call 206381-1741

Training for education systemExample Endless DreamsCasey Family Programs has created a curriculum EndlessDreams for school teachers administrators and other staff aboutthe unique needs and academic challenges of youth in out-of-home care in order to improve education outcomes The curricu-lum consists of a video training materials and additional resourcetools to aid trainers in educating school staff

Training for Foster ParentsThe National Foster Parent Association has created an advocacymanual to help train foster parents to be better education advo-cates for children in their care

Designate additional staff resources so specificattention can be paid to education issues for childreninvolved with the child welfare system

Example LiaisonsIt is essential that the school system child welfare agency andcourt communicate regularly One way to foster communication isto designate staff members to serve as liaisons between theschool system child welfare agency and the court Designatedliaisons within school systems not only should be the point peoplewhen education issues arise but they can also initiate systemicreform and educate school administrators and staff about thefoster care system and the issues these children face Schoolsmust first know about the unique needs of children in foster carebefore they can be expected to aid these children Such commu-nication is especially important in special education cases Statessuch as Texas have hired education specialists in regional officesthroughout the state and they are employed by the Department ofFamily and Protective Services

Example Internal education units or staff within childwelfare agenciesAdvocates for Children New York CitymdashProject AchieveAdvocates for Children (AFC) created Project Achieve in NewYork City as a model for bringing AFCrsquos education expertise andadvocacy directly to families and staff members at foster careand preventive services agencies Key components of theproject include providing individual case assistance and advo-cacy building the capacity of agency service staff to identify andsolve routine school-related issues and empowering and educat-ing birth and foster parents and where appropriate young peopleto navigate education agencies and service providers and to beactively involved in educational planning and progress


For more information about Endless Dreamscontact Debbie Staub at Casey FamilyPrograms at dstaubcaseyorg

Click here for a full report on Project Achieve

For more information and examples ofjurisdictions using liaisons see p 88 of A RoadMap For Learning at httpwwwcaseyorgresourcesPublicationsRoadMapForLearninghtm

To see a copy of this manual visithttpwwwnfpaincorgtrainingonlineTrainingcfmpage=4

Special Education Decision-MakingAuthorityUnderstand how special education decision-makingauthority and surrogate appointments occur in yourstate or jurisdictionIDEA provides some guidance to states related to who can beconsidered the parent under IDEA and when surrogates need to beappointed However the federal law is subject to interpretation by thestates as is evidenced by the numerous variations in how and whensurrogates are appointed

Example California law designates preferences forindividuals involved with the child welfare system to beappointed as childrsquos surrogateCalifornia law mandates that education agencies give preferenceto relative caregivers foster parents and CASAs when appointinga surrogate for a child in foster care17

Example Florida policy to allow guardians ad litem to serveas surrogate parentsThe Florida Department of Education has issued a policy paperaddressing common questions related to surrogate parents and hasissued the following policy related to guardians ad litem18 Thepolicy states that if a guardian ad litem meets the legal criteria forserving as a surrogate that is listed in the federal IDEA regulationsthen they are permitted to serve in this role

Example Only judges appoint surrogates in ArizonaPrior to the new federal provision in IDEA Arizona already hadgiven judges the statutory authority to appoint surrogate parents forchildren in foster care ldquoA petition for the appointment of asurrogate parent for a child with a disability shall be made to acourt of competent jurisdictionhelliprdquo19

Create court tools that address decision-making issuesfor students eligible or potentially eligible for specialeducation

Example California court forms JV 535 and JV 536As discussed above the JV 535 form (Order Limiting ParentsrsquoRight to Make Educational Decisions for the Child and AppointingResponsible Adult as Educational Representative-Juvenile) can beused by the court to specify who has decision-making authority fora child who is receiving either general or special education ser-vices Should the court be unable to identify a ldquoresponsible adultrdquoto act as the special education decision maker the court then mustrefer the child to the education agency to appoint a surrogateparent (by the education agency) The education agency mustnotify the court within 21 calendar days of the appointment viaJV536 form (LEA Response to JV-535 ndash Appointment of aSurrogate) of the identity of the appointed surrogate


Click here for CA form JV 535

Click here for CA form JV536

Institute training requirements for foster parentscaretakers and surrogates related to their role aseducation decision makersRegardless of who is the education decision maker for the child thatindividual needs to be trained in special education advocacy States areurged to provide and sometimes require individuals working withchildren in foster care to have this necessary special education training

Example Florida statute Section 390016(5)(5) The department shall incorporate an education component intoall training programs of the department regarding children knownto the department Such training shall be coordinated with theDepartment of Education and the local school districts Thedepartment shall offer opportunities for education personnel toparticipate in such training Such coordination shall include but notbe limited to notice of training sessions opportunities to purchasetraining materials proposals to avoid duplication of services byoffering joint training and incorporation of materials available fromthe Department of Education and local school districts into thedepartment training when appropriate The department trainingcomponents shall include

(a) Training for surrogate parents to include how an ability tolearn of a child known to the department is affected by abuseabandonment neglect and removal from the home

(b) Training for parents in cases in which reunification is thegoal or for preadoptive parents when adoption is the goal sothat such parents learn how to access the services the childknown to the department needs and the importance of theirinvolvement in the education of the child known to thedepartment

(c) Training for caseworkers and foster parents to include infor-mation on the right of the child known to the department to aneducation the role of an education in the development andadjustment of a child known to the department the properways to access education and related services for the childknown to the department and the importance and strategiesfor parental involvement in education for the success of thechild known to the department

(d) Training of caseworkers regarding the services and informa-tion available through the Department of Education and localschool districts including but not limited to the currentSunshine State Standards the Surrogate Parent TrainingManual and other resources accessible through the Depart-ment of Education or local school districts to facilitateeducational access for a child known to the department

Example Tennessee foster parent trainingTennessee has an Administrative Policy for its child welfareagency that requires foster parents to have two hours of in-servicetraining per year on education servicesissues for the child in childwelfare agencyrsquos custody20


Improve education advocacy related to specialeducation in your communityChildren in foster care need strong education advocates regardless ofwhether the advocates are the childrenrsquos ultimate decision makersThere are numerous individuals who can play an advocacy role for thechild Some communities are creating unique programs or mechanismsto ensure quality advocacy for the child

Example Collaborations between child welfare advocatesand students pursuing advanced degrees in educationIn Los Angeles County the Childrenrsquos Law Center with theassistance of the Juvenile Court has formed a collaboration withCalifornia State University Los Angeles to develop an educationadvocacy program allowing educators seeking advanced degreesto assist childrenrsquos attorneys in child welfare cases to identify andacquire the most appropriate resources for clients with specialneeds that might otherwise remain unmet

Example Education GAL provision from New YorkregulationsRegulations in New York contain a unique provision to ensure therights of a student are protected in a due process hearing Thehearing officer may appoint a guardian ad litem for the child incertain circumstances The language of the regulation follows

ldquo(ix) In the event the impartial hearing officer determines thatthe interests of the parent are opposed to or are inconsistentwith those of the student or that for any other reason theinterests of the student would best be protected by appoint-ment of a guardian ad litem the impartial hearing officer shallappoint a guardian ad litem to protect the interests of suchstudent unless a surrogate parent shall have previously beenassigned The impartial hearing officer shall ensure that theprocedural due process rights afforded to the studentrsquos parentpursuant to this section are preserved throughout the hearingwhenever a guardian ad litem is appointedrdquo21

Institute judicial training on new IDEA provisions thatgive child welfare system judges specific authorityIt is critical to train judges involved in child welfare cases on the IDEAespecially in light of recent judge provisions clearly granting juvenilecourts more authority related to determining education decision-makingauthority

Consider establishing minimum requirements ofsurrogatesSome states have chosen to expand on the federal requirements forindividuals appointed to serve as surrogates for children Especially insituations where the surrogate is a stranger to the child it is importantto set basic expectations for individuals serving this role

Example California Government Code regarding surrogateparent dutiesCalifornia legislation expanded on the role of the surrogate parent


specifying some minimum duties of someone serving in that roleAlthough it does not cover all duties and best practices of asurrogate parent it is a positive example of how state law can beused to expand on the ldquoknowledge and skillrdquo general requirementin the federal regulations

California law specifically requires surrogates to Meet with the child at least one time

The law also provides that the surrogate may Meet with the child on additional occasions Attend the childrsquos individualized education program meetings Review the childrsquos educational records Consult with persons involved in the childrsquos education Sign any consent relating to individualized education program

purposes22

Example Indianarsquos Administrative CodeIndianarsquos administrative code provides specific responsibilities of asurrogate parent

Participate in case conferences or other parent-teacher confer-ences

Grant or deny written permission for evaluation services orchange of placement

Access and review the studentrsquos educational record Request mediation a due process hearing or file a complaint Exercise on behalf of the student any other rights that a parent

may exercise under this articlerdquo23

Endnotes1Excerpts from Sharing of Information From Florida Statewide InteragencyAgreement sect2062NYC New York City Board of Education Regulations of the ChancellorA-820 III (D)- (Student Records Confidentiality Access Disclosure andRetention)3 Fla Code Ch 29 sect100021(5)4 Wash Rev Code sect28A1505105 Wash Rev Code sect13341056 Cal Welf and Inst Code sect160107 Ibid 288 Cal Educ Code sect 490695(c)9 Cal Educ Code sect 490695 (d) and (e) Cal Educ Code sect 488535(d)(4)(C)10 Cal Educ Code sect 488535(d)(4)(c)11 22 Pa Code Ch 111112 Va Stat Ann sect 221-189(E)13 Cal Welf amp Inst Code sect 361(a)14 Cal Welf amp Inst Code sect 319(g)(1)15 Cal Rules of Court Rule 1499(c)(1)


16 Md Code Ann Cts and Jud Proc sect3-819(c)(ii)17 Cal Govt Code sect75795(b) rdquoWhen appointing a surrogate parent the localeducational agency shall as a first preference select a relative caretaker fosterparent or court-appointed special advocate if any of these individuals existsand is willing and able to serve If none of these individuals is willing or ableto act as a surrogate parent the local educational agency shall select thesurrogate parent of its choice If the child is moved from the home of therelative caretaker or foster parent who has been appointed as a surrogateparent the local educational agency shall appoint another surrogate parent if anew appointment is necessary to ensure adequate representation of the childrdquo18 Florida Technical Assistance Paper available at httpfloridaschildrenfirstorgfcf_051_educationhtm19 Ariz Rev Stat sect15-7630120 wwwstatetnusyouthpoliciesChapter202120Education21-1420Serving20the20Educational20Needs20of20the20Child-Youth20in20pdf21 8 NY Comp Codes R amp Regs tit8 sect2005(i)(3)(ix)22 Cal Gov Code sect75795(d)23 Ind Admin Code tit 511 7-24-2


Resources

5

Allows for searching all state codes by topic keyword or bill numberlegislative and bill tracking available Bill searching is free but youhave to register for it

Allows for searching by state or by topic or keyword Links to LexisNexis table of contents for individual state codes but the service isfree When you pick a topic it lists a chart of the 50 states and where intheir code the provisions regarding that topic are found Helpful forgoing to the state websites themselves and finding the topic Excellentplace to start state legislation searches if you donrsquot have Lexis orWestlaw

Links to individual statersquos code regulations and constitutionsSearching is limited to whatever searching each state has provided onits site

wwwstatescapecom

httpstraylightlawcornelledustates

wwwfindlawcomwwwprairienetorg~scruffyfhtmwwwbusinesscomdirectorylawstate_law

Sources for Searching State Statutes

Sources for Researching State Education Regulations or Policies

AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgia

HawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMaryland

MassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew Jersey

New MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth Carolina

South DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingDistrict of Columbia

Click on desired state

Mythbusting Resources58

US Department of Education

Advocates for Childrenrsquos Project Achieve A ModelProject Providing Education Advocacy for Children inthe Child Welfare Systemby the Advocates for Children of New York Inc (March 2005)This report summarizes findings from Project Achieve a project pilotedat a private foster care agency in New York City from Fall 2002-Spring2004 The project is being replicated at two more sites Projectcomponents include staff support technical assistance and caseassistance The findings include positive and long-term effectsincluding an increased ability of agency staff to identify educationalproblems less emergency situations and the development of trainingprograms protocols and materials

Treating Problems Piecemeal Wonrsquot Help FosterChildrenby Miriam KrinskyChildrenrsquos Law Center of Los Angeles (February 2005)This article reflects on the problems our child welfare system has withsharing information and coordinating services There is often a lack ofcollaboration and communication when addressing the needs ofchildren in foster care The article also describes several collaborationmodels including the Childrenrsquos Cabinet in Arizona which includes allgovernment agencies that provide services to children in foster carewith the goal to coordinate services

A Road Map for Learning Improving EducationalOutcomes in Foster Careby Casey Family Programs (2004)This publication is divided into five main topics and 11 objectives forhelping children in care succeed in their educational aspirations Topicsinclude transfer collaboration services preparation and public policyEach objective includes background information resources checklistsand steps for meeting the objective

Educating All Foster Children Will Require CollaborativeSpiritby Miriam KrinskyChildrenrsquos Law Center of Los Angeles (2004)This article describes the education hurdles many children in foster careface including school placement changes delays in transferring andenrollment and problems receiving credits It discusses the need fordata and statistics on educational progress and outcomes for children infoster care free exchange of data and adequate training on laws rolesand responsibilities of different systems that help children in foster caremeet education goals These were some of the issues tackled at the 2004Los Angeles Education Summit

httpwwwadvocatesforchildrenorgpubsProjectAchievefinaldoc

httpwwwclclaorgImagespdfspdfs_whatsnew_columnsDJ20Forum_Treatingpdf

httpwwwcaseyorgResourcesPublicationsRoadMapForLearninghtm

httpwwwclclaorgImagespdfspdfs_whatsnew_columnsCollaborativepdf

Studies Reports Articles


Understanding the Plight of Foster Youth and ImprovingTheir Educational Opportunitiesby Andrea G Zetlin Lois A Weinberg (2004)This article describes barriers children in foster care face to receivingfull educational opportunities and examples of how to improve theireducational outcomes Topics include the effects of abuse and neglecton education how transfers and mobility affect performance in schoolhow schools and other agencies can minimize such problems andprograms that address the education needs of these children

Advocates Seek Improvements in Education for FosterYouthby Sara WoodwardNational Center for Youth Law (October-December 2004)This article summarizes several ways states and the federal governmentare meeting the education needs of children in foster care Examplesinclude expanding the definition of ldquohomelessrdquo under the McKinney-Vento Homeless Assistance Act and individual state Departments ofSocial Services and Educationrsquos interpretations of ldquoawaiting foster careplacementrdquo

Foster Children and Education How You Can Create APositive Educational Experience For the FosterChildrenVera Institute of Justice (July 2004)This publication focuses on the individual and systemic barrierschildren in foster care struggle with to attain a proper education Thepublication is divided into three parts 1) meeting the challenges ofeducating children in foster care 2) the role of adult involvement and3) steps to get children in foster care enrolled in school includingtimely and efficient school transfers Checklists and sample forms areincluded

2004 Los Angeles Education Summit Report andRecommendations on ldquoClosing the EducationAchievement Gap for Foster and Probation Youthrdquo(May 2004)The 2004 Los Angeles Education Summit focused on overcomingbarriers that cause an achievement gap for Los Angelesrsquo youth in fostercare This report highlights the discussion and recommendations ofparticipants in eight areas 1) role of judiciary 2) empoweringcaregivers 3) probation youth 4) special education 5) nonpublicschools 6) early childhood education 7) school stability and 8) datacollection

Child Abuse and Neglect Volume 28pp 917-923 (2004)Article available for purchase athttpwwwsciencedirectcom

httpwwwyouthlaworgdownloadsYLN_Educationpdf

httpwwwveraorgpublication_pdf241_452pdf

httpwwwabanetorgchildrcljieducationeducationsummitreport2004doc


Learning Curves Education Advocacy for Children inFoster CareKathleen McNaughtAmerican Bar Association Center on Children and the Law2004This book is a culmination of an article series that appeared in the ABAChild Law Practice and addresses numerous topics including Generaleducation advocacy strategies Education rights and key federal lawsSpecial education process Educational needs of young children Howschool discipline policies impact children in foster care and Creativeapproaches to address education barriers for children in foster care Itincludes at-a-glance practice tips commonly used psychological testseducation advocacy resources and excerpts from key federal laws andregulations

Transition Planning for Foster Youth with DisabilitiesAre We Falling ShortFostering Futures Project (Spring 2004)This publication focuses on the lack of or poor transition planning forchildren in foster care and how this effect life after foster care Thepublication focuses on five key factors 1) lack of a consistent advocate2) lack of child welfare involvement in special education 3) lack ofawareness by educators 4)lack of integrated child welfare and schooltransition planning 5) foster parentsrsquo need for information about thespecial education process Recommendations to address these factorsare described including 1) appointing and training educationalsurrogates 2) promoting high expectations for youth and 3) trainingprofessionals appropriately

Connected by 25 A Plan For Investing in SuccessfulFutures For Foster YouthYouth in Transition Funders Group Foster Care Work Group (March2004)This publication provides tools and strategies for building the economicand financial capacity and well-being of children in foster care andthose aging out These strategies include educational attainment accessto workforce development financial literacy encouraging savings andpromoting entrepreneurship The publication then provides nationalcommunity and individual methods to achieve results and methods tomeasure and assess performance An appendix lists publicationsorganizations and initiatives for each of the five strategies

Assessing The Effects of Foster Care Early ResultsFrom the Casey National Alumni StudyCasey Family Programs (2003)This study analyzes outcomes for foster alumni served by Casey FamilyPrograms over a 20-year period from 1996 to 1998 The study showedmany alumni graduated from high school and retained employment Itfound a correlation between outcomes and the characteristics of alumniand services provided to them These characteristics and services

httpwwwaaporgadvocacyhfcaFosteringFuturesAwareness2pdf

httpwwwfinanceprojectorgPublicationsfoster20care20final1pdf

httpwwwcaseyorgResourcesPublicationsNationalAlumniStudyhtm


httpwwwabanetorgchildrcljipubhtml

include completing high school existence of academic hurdles use ofalcohol and drugs participation in clubs while in care gender ethnicityand completion of life skills programs

The Court Advocates and DCFS Work Together toImprove Educational Outcomes for Dependent Youthby Miriam KrinskyChildrenrsquos Law Center of Los Angeles (2003)This article summarizes the issues discussed during the first educationsummit in Los Angeles in May 2003 Topics discussed include 1) theneed for coordination among stakeholders 2) school stability and 3)legislative reform

Educating Children in Foster Careby Steve ChristianNational Conference of State Legislatures (December 2003)This article summarizes statistics on the academic success andperformance of children in foster care major obstacles to success andstate programs and initiatives that promote the education of children infoster care

Educational Experiences and Aspirations of Older Youthin Foster Careby Curtis McMillen Wendy Auslander Diane Elze Tony White andRonald ThompsonChild Welfare League of America (JulyAugust 2003)This publication documents the results of a study of 262 adolescents infoster care in a county in the Midwest who were enrolled in anindependent living program The study focused on questions such as ifthe adolescents planned to finish high school or go onto collegewhether they had positive experiences in high school and whatproblems with peers and teachers they encountered

2003 Los Angeles Education Summit on Needs andChallenges Facing Foster Youth ldquoIdentifying Obstaclesand Forging Solutionsrdquo (May 2003)This report is a summary of this first-ever summit focusing onidentifying key issues challenges and reforms related to theeducational needs of foster youth in LA County These challengesinclude 1) ensuring school and placement stability 2) accessing andtransfering education records crafting effective enrollmentdisenrollment procedures handling issues with school credits 3)administering non-public schools 4) developing an academic supportnetwork for foster youth and 5) creating a foster youth literacyinitiative The report highlights recommendations for action in each ofthese areas

httpwwwncslorgprogramscyfcpieducatepdf

httpwwwcwlaorgarticlescwjabstractshtm0307

httpwwwabanetorgchildrcljieducation2003educationsummitrecommendationsdoc


Available from the Childrenrsquos Law Center ofLos Angeles at 323980-1700or httpwwwclclaorg

Getting Out Of The ldquoRed Zonerdquo Youth From TheJuvenile Justice And Child Welfare Systems Speak OutAbout The Obstacles To Completing Their EducationAnd What Could Helpby Sue BurrellYouth Law Center Expanding Educational Opportunities for VulnerableYouth Project (April 2003)This study identifies the issues faced by children in the juvenile justiceand child welfare systems in meeting their educational and employmentgoals It suggests methods for change Interviews and focus groups wereused to determine the issues This six-year project includes studies inthree sites Work has been ongoing in the first site Fresno CountyCalifornia

Are We Ignoring Foster Youth With DisabilitiesAn Awareness Document For Parents Professionalsand YouthFostering Futures Project (Spring 2003)This report investigates children in foster care and special educationand how that affects academic achievement in six areas 1) specialeducation needs are overlooked or unknown 2) children in care are lesslikely to receive needed services 3) children in care suffer from socialisolation 4) children in care do not have educational advocates 5) thereis no coordination of transition planning in child welfare and specialeducation and 6) inadequate information exists on such youth

Improving Educational Outcomes for Youth in CareA National Collaborationby Elisabeth Yu Pamela Day and Millicent WilliamsChild Welfare League of America (2002)This publication describes the educational experiences of children incare including the higher risk of low achievement the effect ofplacement stability versus instability and other factors that affecteducational attainment such as collaboration between agencies andschools the positive effect of high educational attainment whatchildren in care believe is needed to succeed academically and howsystems can create a positive educational experience for such children

Youth Who ldquoAge Outrdquo of Foster CareTroubled Lives Troubling Prospectsby Richard WertheimerChild Trends (December 2002)This brief reflects on the enormous hurdles children in foster care faceto be successful adults It summarizes general trends in foster carecommon characteristics of these children characteristics of those agingout and how programs can better meet the needs of this populationincluding comprehensive independent living programs that provide theskills and resources to help youth transition successfully The briefsummarizes a report entitled ldquoAging Out of Foster Care Young Adultswith Special Needsrdquo


httpwwwcwlaorgpubspubdetailsaspPUBID=8676

httpwwwchildtrendsorgfilesFosterCareRBpdf


httpwwwylcorgGettingOutofth20RedZone-October2003pdf

Separate But Not Equal Why Do So Many Foster YouthGet Stuck in Special Edby Charlene CarterYouth Communication (September 2002)This article describes the problems many children in foster care facewhen they are improperly placed in special education It is very hard toget out of special education once placed and many suffer academicallyand do not graduate from high school

Adding Insult to Injury Californiarsquos Cruel Indifference ToThe Developmental Needs Of Abused And NeglectedChildren From Birth To Threeby Jennifer R Meiselman TitusCalifornia Western Law Review Volume 39 (Fall 2002)This article critiques Californiarsquos current Early Intervention System andproposes reforms to ensure that abused and neglected children frombirth to age three get the stability they need for normal braindevelopment Suggested reforms include appointing an educationaladvocate who oversees the process and connects with all interestedparties limiting parental involvement to participation instead ofparental control of education decisions after children have beenremoved from the home and providing services from a single center forthe duration of the case

What Keeps Children In Foster Care From Succeedingin School Views of Early Adolescents and the Adults inTheir Livesby Marni Finkelstein Mark Wamsley and Doreen MirandaVera Institute of Justice (July 2002)This study draws on interviews with foster children and adults to betterunderstand how being in foster care affects a childrsquos education on a day-to-day basis Researchers interviewed 25 children in foster care and 54key adults in their lives (school staff foster parents and caseworkers)to learn what they regard as obstacles to the childrenrsquos educationalsuccess The study includes excerpts from the interviews with fosterchildren and adults to provide a more complete overview of theobstacles foster children face in schools After discussing theperceptions of each group of participants the report concludes withseveral recommendations for reform

Education Issues Brief Improving Special Educationfor Children with Disabilities in Foster Careby Claire van Wingerden John Emerson and Dennis IchikawaCasey Family Programs (June 2002)This publication summarizes the educational needs and issues ofchildren foster care and suggests methods to improve outcomes Theseareas of need include coordination between the child welfare andeducation systems consistent and timely tracking of children andtransfer of their school records early intervention using educationadvocates and surrogates and improving transition and mental healthservices

Available for purchase at the CaliforniaWestern Law Review at 619525-1477 orlawreviewcwsledu

httpveraorgpublication_pdf169_280pdf

httpwwwfostercluborgtraininguploadfosterclub_219pdf


httpwwwyouthcommorgFCYU-FeaturesFCYU-2002-09-6htm

Improving Educational Outcomes For Youth in FosterCare Perspectives from Judges and ProgramSpecialistsby Melissa Litchfield Sophia I Gatowski Maureen McKissickNational Council of Juvenile and Family Court Judges (June 2002)This publication summarizes survey information provided from judgesand program specialists on how educational needs of children in fostercare are currently being met and areas for improvement Also studied ishow educational experiences are related to transition into independenceand what practices exist that increase the chances of positiveexperiences and successful transitions

The Well-Being of Children Involved with the ChildWelfare System A National Overviewby Katherine Kortenkamp and Jennifer EhrleThe Urban Institute (January 2002)This brief focuses on the well-being of at-risk children in foster careand compares children within foster care as well as at-risk children notin foster care The brief explores four main areas of well-being 1)behavioremotional issues 2) school experiences 3) health and 4) well-being of care providers and interactions with the children The briefincludes information and findings in both narrative and table format

Foster Youth Transitions to AdulthoodA Longitudinal View of Youth Leaving Careby Mark E Courtney Irving Piliavin Andrew Grogan-Kaylorand Ande Nesmith (NovemberDecember 2001)This article presents the early descriptive findings of a studyinvestigating the post care experiences of a group of youth formerly inout-of home care in Wisconsin The study involved a series of threeinterviews with youth who had experienced relatively long out-of-homeplacements The article summarizes the findings of the first two of threewaves of interviews conducted when youth were about to age out offoster care and 12 to 18 months after leaving care and concludes withpreliminary observations about what the findings might mean for childwelfare practice

Educational Attainment of Foster Youth Achievementand Graduation Outcomes for Children in State Careby Mason Burley and Mina HalpernWashington State Institute for Public Policy (November 2001)This report focuses on the population of children in foster and grouphomes in Washington state It summarizes existing studies of howchildren in foster care achieve academically compares test scores ofchildren in foster care against their non foster care peers graduationrates and likelihood of graduation of children in foster care against theirnon foster care peers and how to promote information sharing and thepositive impact that would have on the educational outcomes forchildren in foster care

httpwwwurbanorgUploadedPDF310413_anf_b43pdf

Child Welfare Volume 80 Number 6(NovemberDecember 2001)Abstract available athttpwwwncbinlmnihgoventrezqueryfcgicmd=Retrieveampdb=PubMedamplist_uids=11817658ampdopt=Abstract

httpwwwwsippwagovrptfilesFCEDReportESpdf


httpwwwncjfcjorgimagesstoriesdeptppcdpdfEducationalOutcomesimprovingeducationaloutcomesfulldocpdf

Education for Foster Children Removing Barriers toAcademic SuccessBay Area Social Services Consortium (April 2001)This study of Bay Area children in foster care focuses on 1) ifeducational services are received or not and if so if they are timely 2)the relationship between foster care placement and receipt of servicesand 3) how model programs can help children in foster care meet theireducational goals The study includes statistics compiled from telephonesurveys and case file reviews on topics that include enrollment ofchildren in foster care in school and level of cooperation between schoolsand agencies Examples of discussion areas are children with specialeducation needs difficulties in transferring records and responsibility forenrolling children in school Finally the study includes recommendationsto schools child welfare agencies and legislatures

Education of Foster Group Home Children WhoseResponsibility Is It Study of the Educational Placementof Children Residing in Group HomesCalifornia Department of Education (January 2001)This report focuses on the education placements of children in grouphomes in California the levels and types of coordination betweenagencies and how this affects the education of children in group homesThe report was compiled based on surveys interviews and site visitsReport findings include the need for more collaboration and the creationof a statewide information system

Assessing the Educational Outcomes of Children inLong-Term Foster Care First Findingsby Sherri Seyfried Peter J Pecora A Chris Downs Phyllis Levine andJohn EmersonThis article summarizes existing data on the education of children infoster care and summarizes a study of 312 older children in 26 childwelfare agencies across 14 states The study focused on the stability ofplacement of children in the Casey Family long-term foster careprogram and how they functioned emotionally physically andacademically Academic indicators included attendance specialeducation and disruptions due to suspensions transfers and dropouts

Behavior Problems Academic Skill Delays and SchoolFailure Among School-Aged Children in Foster CareTheir Relationship to Placement Characteristicsby Bonnie T Zima Regina Bussing Stephanny Freeman Xiaowei YangThomas R Belin and Steven R Forness (2000)This study is based on interviews with foster parents children in fostercare and teachers from a sample of 302 children ages six to 12 in fostercare The article summarizes the relationship between behaviorproblems in school and school placement The results indicated highpercentages of students having these problems but not always a strongrelationship with placement

httpwwwcsef-airorgpublicationsrelatedLCI_finalpdf

School Social Work Journal Volume 24Issue 2 pp 68-88 (2000)Available for purchase athttplyceumbookscomsswjournalhtm

Journal of Child and Family StudiesVolume 9 Number 1 pp 87-103 (2000)Available for purchase athttpwwwspringerlinkcom


httpcssrberkeleyeduBASSCpdfseducf27pdf

Caught Between Two Systems How ExceptionalChildren in Out-of-Home Care Are Denied Equality inEducationby Cynthia Godsoe (2000)This article considers the relationship between children in foster careand at-risk children in education specifically focusing on specialeducation Topics include shared risk factors of children in foster careand in special education positive and negative roles of special educationand how these children can help themselves attain full educationalopportunities and rights

Educational Neglect The Delivery of EducationalServices to Children in New York Cityrsquos Foster CareSystemAdvocates for Children Inc (July 2000)This report focuses on the relationship between placement in foster careand poor academic performance specifically looking at children infoster care in New York City Topics include 1) current research onfoster care and academics 2) how children in foster care receiveeducation services in New York City 3) hurdles children in foster careface with schooling and 4) how to meet the educational needs of thispopulation The report summarizes over 280 surveys filled out by fosterchildren foster parents social workers attorneys and others Thesurvey questions focused on enrollment continuity of services andquality of services

The Educational Needs of Children in Foster CareThe Need For System ReformThe Child Welfare Fund (November 1998)This publication is based on surveys focus groups and interviews ofstaff and parents at the Center Without Walls on the educational needsof children in foster care It reveals the hurdles to school placementsand their impact on educational attainment by children in foster care inNew York City Survey results indicated parents want to be involved inschool decision making for their children but need support Poorinteragency collaboration when providing special education servicesand poor information sharing between parents and professionals arealso problems Issues related to school placements include enrollmentdelays denial of enrollment without immunization papers and loss ofschool records Negative results include inappropriate classroomplacements decisions made by people unfamiliar with the specificchild and other unmet needs

Problems in Educating Abused And Neglected ChildrenWith Disabilitiesby Lois A Weinberg (1997)This article summarizes a study to determine whether abused orneglected children have their special education needs met appropriatelyThe study was based on interviews and case file reviews of 12 childrenwith special education needs Findings included hurdles related to 1)

httpwwwadvocatesforchildrenorgpubsFCrep7-11doc

httpwwwadvocatesforchildrenorgpubsfosterdoc

Child Abuse and Neglect Volume 21Issue 9 pp 889-905 (1997)Available for purchase athttpwwwsciencedirectcom


Yale Law and Policy Review Volume 1981pp 81-164 (2000)Available for purchase athttpwwwyaleeduylpr

identifying children appropriately 2) meeting timelines 3) inadequateresources 4) knowledge and 5) coordination

What Happens to Foster Kids Educational Experiencesof a Random Sample of Foster Care Youth and aMatched Group of Non-Foster Care Youthby Wendy Whiting Blome (February 1997)This article discusses a study using data from 1980 to 1986 comparingthe high school and after high school experiences of a sample of 167children in foster care with children not in foster care The studyfindings indicate that children in foster care have a much higher drop-out rate discipline and disruption problems and are less likely to attendhigher education

School-Related Problems of Special Education FosterCare Students with Emotional or Behavioral DisordersA Comparison to Other Groupsby Karen Shelly Smucker James M Kauffman and Donald W BallThis study investigated and compared the school-related problems of 1)children in foster care and special education because of emotional orbehavior disorders 2) children in either foster care or in specialeducation because of emotional or behavior disorders and 3) childrenwho were not in either category The study was conducted in a mid-Atlantic school district of 75000 students Findings included that 1)children who were in both placements had the most school problems 2)children in neither category had the least problems and 3) children justin foster care did not experience more issues than children just inspecial education or vice versa

The Individuals With Disabilities Education Act (IDEA)Parental Involvement and The Surrogate AppointmentProcessby Tara J Parillo (1995)This article describes the surrogate appointment process and analyzesits effectiveness Beginning with an overview of the requirements ofparental involvement under IDEA the article goes on to describe whena surrogate is necessary the process for appointing a surrogate and theduties and responsibilities a surrogate assumes The author identifiesthree problems with the surrogate appointment process includingdifficulties in monitoring compliance with the IDEA surrogaterequirements failure of the states to adequately implement theappointment requirements under the IDEA too much control over theprocess by educational agencies Improvements are suggested

Addressing the Needs of Foster ChildrenThe Foster Youth Services Programby Robert H Ayasse (1995)This article describes the Foster Youth Services program in CaliforniaKey components of the FYS programs that help children succeed inschool include records tracking tutorial assistance and counseling The

Journal of Emotional and BehavioralDisorders Volume 4 Number 1 pp 30-39(January 1996)Available for purchase athttpwwwproedinccomstoreindexphpmode=product_detailandid=jebd-2

Oregon Law Review Volume 74 p 1339(Winter 1995)Available for purchase athttpwwwlawuoregoneduorgolrsubscriptionsphp

Social Work in Education Volume 17Number 4 p 207 (1995)Available for purchase athttpwwwnaswpressorgpublicationsjournalschildrencsintrohtml


Child and Adolescent Social Work JournalVolume 14 Number 1 pp 41-53 (February1997)Available for purchase athttpwwwspringerlinkcom

article highlights one program that employs a social worker to facilitateinteragency cooperation and communication includes examples of youthwho participated in FYS programs and notes the positive effects theprograms had in helping foster children achieve academic success

Educating Children in Residential and Foster Careby Sonia Jackson (1994)This article reviews the consistent findings that although education iscrucial to a successful adult life children in foster care and residentialcare do not always receive the resources and attention they need tosucceed in school The article highlights several initiatives to addressthese findings

Maltreatment and The School-Aged ChildSchool Performance Consequencesby P David Kurtz James M Gaudin Jr John S Wodarskiand Phyllis T Howing (1993)This article is based on a study of 139 school children located in nineGeorgia counties The child subjects had either been abused neglectedor neither The study focused on school performance development andadaptive behavior Findings included that abused children had problemsin school and development and neglected children suffereddevelopmentally Both groups though had high strengths in adaptivebehavior

School Performance and Disciplinary Problems AmongAbused and Neglected Childrenby John Eckenrode Molly Laird and John Doris (1993)This article summarizes a study of he relationship between abuse andneglect and achievement and disciplinary problems in school The studycompared 420 maltreated children in kindergarten to twelfth grade with420 nonmaltreated children in kindergarten to twelfth grade Resultsshowed maltreated children scored lower on standardized tests weremore likely to repeat a grade and had higher rates of disciplineproblems and suspensions

School Performance Of Children in Kinship Careby Richard J Sawyer and Howard DubowitzThe Academy for Educational Development (1994)This study focused on the school performance of children placed inkinship care in Baltimore City on a given day in April 1989 Teachercaseworker and school questionnaires as well as standardized testresults were used to determine that children in kinship care suffer fromacademic cognitive and language deficits They are frequently placedin special education and perform poorly in core areas including readingand math

Oxford Review of Education Volume 20Number 3 pp 267-279 (1994)Available for purchase athttpwwwtandfcoukjournalstitles03054985asp

Child Abuse and Neglect Volume 17pp 581-589 (1993)Available for purchase athttpwwwsciencedirectcom

Developmental Psychology Volume 29Number 1 pp 53-62 (1993)httpcontentapaorgjournalsdev29153htm

Child Abuse and Neglect Volume 18Issue 7 (1994)Abstract available athttpwwwncbinlmnihgoventrezqueryfcgicmd=Retrieveampdb=PubMedamplist_uids=7522940ampdopt=AbstractAvailable for purchase athttpwwwsciencedirectcom


Mythbusting Appendix A70

Appendix ACONSENT TO RELEASE OF EDUCATION RECORDS

ChildrsquosStudentrsquos Name (First Middle Last)

ChildrsquosStudentrsquos Date of Birth Name of Last School Attended

Physical Location of School ChildrsquosStudentrsquos SSN if known

In accordance with the Family Educational Rights and Privacy Act of 1974 and Arizona State law Iwe authorize anyschool district individual or entity maintaining records as to the child named above to release records to and discussthem with representatives or agents of the Arizona Department of Economic Security

The Department its attorney other agents foster care providers or other personsentities having physical custody of thechild an educational representative including a surrogate parent and members of any multidisciplinary team working onor implementing a case or service plan for the above named child may receive and reviewuse any and all education(including special education and early intervention) records including but not limited to attendance academic medicalsocial psychological discipline developmental speech-language achievement test and other records of the abovenamed child

Iwe understand that the Department may use and share these records with the Court the Foster Care Review Boarda guardian ad litem for the child an attorney for the child or for the parent(s)legal guardian(s) a court appointed specialadvocate or educational representative including a surrogate parent for the child or a Citizen Aide Ombudsman asappropriate Iwe understand that Department use of any records is governed by ARS lsquo 8-807 and other applicablestate and federal laws

Signature of ParentGuardianDate Signature of ParentGuardianDate

Print Full Name of ParentGuardian Print Full Name of ParentGuardian

Created by TLM April 28 2003 PCDOCS 24162

MYTHBUSTING CONTENTS13

TABLE OF CONTENTS

INTRODUCTION

Goals

Scope

Audience

How to Use this Document13

Disclaimer

SECTION 1 13ISSUES amp BARRIERS

Need

Myth Keeping children safe and finding them permanent families and connections will ensure future success

Myth Meeting education needs is solely a well-being issue and has no impact on permanency

Myth It is impossible to measure how addressing education needs impacts children in foster care

Myth Children in foster care do not need any additional attention paid to their education needs

Barriers

Confidentiality


Education Decision Making

Special Education Decision Making

SECTION 2 MYTHS amp REALITIES13

Glossary

Confidentiality13

Child Myths

113The whole world knows everything about me

213 I cant access my own education records

Parent Myths

1 13When the child welfare system takes custody of our child we can no longer obtain information about our childs education

Foster ParentCaretaker Myths

1 We can automatically be considered the parent for the purpose of obtaining education records for children in our care

2 Caseworkers cannot share education records of children in our care with us

Judge Myths

1 We have no authority to order schools to release education records for children who are under the courts jurisdiction without parental consent13

Childs Representative Myths

1 We have an automatic legal right to obtain education records from a school when we are appointed by the court to be an advocate for a child in a child welfare case13

Caseworker Myths

1 We automatically have a right to access education records when our agency has custody of a child

2 We have no right to access education records for a child we are working with unless we obtain parental consent

3 We have no obligation to maintain education records as part of a childs case file

4 We can never share child welfare records with educators working with a child in our custody

5 We cannot share education records with foster parents

6 When a child entering or in foster care must change schools we play no role in the transfer of school records from the former to the new school That is up to the schools to sort out13

Educator Myths

1 We should be able to access all information related to a students child welfare case

2 We cant share education information with anyone without parental consent

3 When confidential information from a child welfare case is shared with a school administrator it should not be shared with any other staff13

4 A childs involvement in foster care is usually common knowledge among staff and peers

5 Unless we receive notice from the parent we hold no responsibility in getting education records to a new school when a child transfers out of our school13

6 We can never enroll a child into school without the required documentation

Education Decision Making -- 13General

Child Myths

131 We never have a say in our own education decisions

2 I dont know whom to turn to as my advocate when I am having problems or issues at school

313 I dont have a right or a say to bring up my educational status during permanency hearings

Parent Myths

1 Once a child is removed from our care we no longer have a right to make education decisions

213We always remain our childs education decision maker unless our parental rights have been terminated by the court


113When a child is placed in our care we are automatically given the right to make education decisions for the child

Judge Myths

1 We cannot get involved in determining the education decision maker for a child That is the schools decision

2 We can appoint a surrogate parent for a foster child even if child does not receive special education services


1 As the court-appointed advocate for the child we are entitled to make education decisions on the childs behalf

Caseworker Myths

1 When a child is in our agencys custody we are automatically empowered to make all education decisions regarding the childs education13

2 When a child is in our agencys custody we no longer need to involve the parent(s) of the child in education decision making13

Educator Myths

113When a caseworkerfoster parent arrives at school with a child we automatically assume that caseworker stands in the shoes of the parent

2 We can appoint a surrogate parent for a child in foster care even if that child does not receive special education services13

Education Decision Making --13 Special Education

Child Myths

1 There is no one in the special education process speaking up for me or voicing my opinion for me

2 Once I enter special education I cannot get out nor do I have a right to request a reevaluation

3 If I enter a new school I have to get an entirely new evaluation and new education plan to obtain special education services at the new school13

Parent Myths

1 We automatically lose parental decision-making rights under IDEA when our child enters the custody of the child welfare system13

2 We always retain education decision-making rights for our child in special education even when the child is not in our custody as long as our parental rights have not been terminated13

3 If we do not have education decision-making rights then there is no role for us to play in education planning for our child and we may not even be allowed to participate in meetings13

4 If a surrogate parent is appointed that means we do not have education decision-making rights


1 When a child is placed in our care we are automatically considered to be the education decision maker

2 We can only be the education decision maker if we have been formally appointed as the childs surrogate parent

3 If we attend special education meetings and the parents are there and still hold education decision-making rights we do not really have a role at the meeting or a right to speak13

Judge Myths

1 We cannot appoint a surrogate parent for a child in special education That is a decision that must be made by the school system13

213Other than our new authority to appoint a surrogate parent when one is needed there is no other role for us to play in clarifying decision-making authority under the IDEA


1 We can never be appointed as a surrogate parent for a child we represent

2 If we are not the surrogate for the child there is no role for us to play in special education advocacy for our client

Caseworker Myths

1 We can always make special education decisions for a child in our agencys custody

2 Because we are forbidden from being the special education decision maker there is no role for us to play in special education matters13

Educator Myths

1 When a child is in the custody of the child welfare system we cannot allow the parent to be part of education meetings

2 We must automatically appoint a surrogate parent for all children who have been removed from their parents and placed in foster care or a group home13

3 The education system is the only entity that can appoint a surrogate parent

4 We only need to include the person meeting the definition of parent or the surrogate parent in special education meetings for the child No one else in the child welfare case needs to be invited13

Endnotes

SECTION 3 LAWS13

Confidentiality

Family Educational Rights and Privacy Act13

Education records13

Definition of parent13

When the education 13agency may disclose education records to child welfare professionals

Securing parental consent to disclose education records13

Can a representative from the child welfare agency be considered the parent under FERPA

Can a foster parent or caretaker be considered the parent under FERPA13

13 Impact on parents right to access education records when child welfare agency personnel or foster parent is considered the parent

Rights of youth age 18 and over under FERPA

FERPA exceptions13

Using FERPA exceptions to gain acces to education records13

Accessing records as a parent vs through FERPA exception13

Disclosure of records among education staff and 13education institutions

Inappropriate disclosure of education records13

Rolesrights of child welfare professionals 13once records are obtained

Transferring education records when a child changes schools13

Missinginaccurate records13

Child Abuse Prevention and Treatment Act13

Reporting child abuseneglect13

Child welfareeducation collaboration13

Confidentiality of foster care records13

Sharing information between foster care agencies and education system13

State statutes permitting release of child welfare records to educators13

Releasing13 education records to child welfare professionals

Adoption Assistance and Child Welfare Act13

Required education information in agency case plans

Sharing education information between child welfare and foster parentscaretakers13

McKinney Vento Act13

Definition of children and homeless youth who are homeless13

When children need education decision makers13

Education Decision Making -- General Education13

Federal Law on General Education Decision Making

Important education decisions13

Responsibility for making regular daily education decisions13

When someone other than the parent should make education decisions13

Parental decision maker when parental rights have been terminated but child not in permanent placement13

Education Decision Making -- Special Education13

Individuals with Disabilities Education Act13

Education decision maker when child needs special education13


Appointing surrogates13

Definition of ward of the state13

Foster parent acting as parent13

Others who can act as the parent without being appointed as surrogates13

When surrogates are needed13

How surrogates are appointed13

Who can be appointed as surrogates13

How quickly should surrogates be appointed13

Evaluating wards of the state for special education services13

13Transfers of students with IEPs or students receiving evaluations for special education services

Surrogate knowledge amp skill requirements13

Recruitingtraining surrogates13

Rights of individuals involved in child welfare system13

Who can file for mediation due process hearings or state department of education complaint13

Endnotes13

SECTION 4 PROMISING PRACTICES13

Strategies to Encourage Information Sharing and Overcome Confidentiality Barriers13

Sharing education information with child welfare system

Legislativeregulatory changes clarifying child welfare systems acess to education records

Training materials that address information-sharing obstacles

Methods for child welfare agency to keep education records for children in foster care complete and easy to access and transfer as children move13

Balancing childs right to privacy with schools need for information13

Legal rights of older youth13

Procedures to speed transfer of education records13

Procedures to ensure children can stay in school of origin13

Decision-Making Authority13

Courts authority to curtail parents education decision-13making authority before terminating parental rights and to appoint alternative educaton decision maker

Education issues at court hearings13

Education advocacytraining13

Additional staff resources13

Special Education Decision-Making Authority13

Special education decision-making authoritysurrogate appointments13

Court tools to address decision-making issues for students eligible for special education13

Training requirements for foster parentscaretakerssurrogates13

Special education advocacy13

Judicial training on new IDEA provisions13

Minimum requirements of surrogates13

Endnotes13

SECTION 5 RESOURCES13

Sources for Searching State Statutes13

Sources for Researching State Education Regulations or Policies13

Studies Reports Articles13

APPENDIX A CONSENT TO RELEASE EDUCATION RECORDS13

PrintField

Copyright copy 2005 American Bar Association

The American Bar Association Center on Children and the Law wouldlike to acknowledge that these materials are made possible by a grantand support from Casey Family Programs

The views expressed herein have not been approved by the House ofDelegates or the Board of Governors of the American Bar Association

Thanks to Susan A Weiss Trisha Matthieu and Debbie Staub of CaseyFamily Programs for their guidance and assistance with this publication

Special thanks to Claire Sandt Chiamulera Althea Izawa-HaydenLisa Waxler and Laura Bierley of the ABA Center on Children and theLaw for their hard work on this project





































Issues amp Barriers

1

























































versus







GrantAccess


RestrictAccess






















2


CONFIDENTIALITY

Child Myths





Child Realities


GLOSSARY









































































































































































































































Mythbusting Laws24

3








Confidentiality














Mythbusting Laws25







20 USC sect 1402 (23)












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QampA

Mythbusting Laws33









of parent










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Mythbusting Laws37














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Mythbusting Laws39


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Mythbusting Laws41

Promising Practices

4









































































































































purposes22










Resources

5




wwwstatescapecom
































































































































TABLE OF CONTENTS

INTRODUCTION

Goals

Scope

Audience


Disclaimer


Need





Barriers

Confidentiality





Glossary

Confidentiality13

Child Myths



Parent Myths





Judge Myths




Caseworker Myths







Educator Myths








Child Myths




Parent Myths





Judge Myths





Caseworker Myths



Educator Myths




Child Myths




Parent Myths









Judge Myths






Caseworker Myths



Educator Myths





Endnotes

SECTION 3 LAWS13

Confidentiality


Education records13








FERPA exceptions13













































Endnotes13























Endnotes13






PrintField





































Issues amp Barriers

1

























































versus







GrantAccess


RestrictAccess






















2


CONFIDENTIALITY

Child Myths





Child Realities


GLOSSARY









































































































































































































































Mythbusting Laws24

3








Confidentiality














Mythbusting Laws25







20 USC sect 1402 (23)












Mythbusting Laws26














Mythbusting Laws27














Mythbusting Laws28








Mythbusting Laws29














Mythbusting Laws30













Mythbusting Laws31















Mythbusting Laws32












QampA

Mythbusting Laws33









of parent










Mythbusting Laws34















Mythbusting Laws35












Mythbusting Laws36















Mythbusting Laws37














Mythbusting Laws38













Mythbusting Laws39


Mythbusting Laws40


Mythbusting Laws41

Promising Practices

4









































































































































purposes22










Resources

5




wwwstatescapecom
































































































































TABLE OF CONTENTS

INTRODUCTION

Goals

Scope

Audience


Disclaimer


Need





Barriers

Confidentiality





Glossary

Confidentiality13

Child Myths



Parent Myths





Judge Myths




Caseworker Myths







Educator Myths








Child Myths




Parent Myths





Judge Myths





Caseworker Myths



Educator Myths




Child Myths




Parent Myths









Judge Myths






Caseworker Myths



Educator Myths





Endnotes

SECTION 3 LAWS13

Confidentiality


Education records13








FERPA exceptions13













































Endnotes13























Endnotes13






PrintField


































versus







GrantAccess


RestrictAccess






















2


CONFIDENTIALITY

Child Myths





Child Realities


GLOSSARY









































































































































































































































Mythbusting Laws24

3








Confidentiality














Mythbusting Laws25







20 USC sect 1402 (23)












Mythbusting Laws26














Mythbusting Laws27














Mythbusting Laws28








Mythbusting Laws29














Mythbusting Laws30













Mythbusting Laws31















Mythbusting Laws32












QampA

Mythbusting Laws33









of parent










Mythbusting Laws34















Mythbusting Laws35












Mythbusting Laws36















Mythbusting Laws37














Mythbusting Laws38













Mythbusting Laws39


Mythbusting Laws40


Mythbusting Laws41

Promising Practices

4









































































































































purposes22










Resources

5




wwwstatescapecom
































































































































TABLE OF CONTENTS

INTRODUCTION

Goals

Scope

Audience


Disclaimer


Need





Barriers

Confidentiality





Glossary

Confidentiality13

Child Myths



Parent Myths





Judge Myths




Caseworker Myths







Educator Myths








Child Myths




Parent Myths





Judge Myths





Caseworker Myths



Educator Myths




Child Myths




Parent Myths









Judge Myths






Caseworker Myths



Educator Myths





Endnotes

SECTION 3 LAWS13

Confidentiality


Education records13








FERPA exceptions13













































Endnotes13























Endnotes13






PrintField




GrantAccess


RestrictAccess






















2


CONFIDENTIALITY

Child Myths





Child Realities


GLOSSARY









































































































































































































































Mythbusting Laws24

3








Confidentiality














Mythbusting Laws25







20 USC sect 1402 (23)












Mythbusting Laws26














Mythbusting Laws27














Mythbusting Laws28








Mythbusting Laws29














Mythbusting Laws30













Mythbusting Laws31















Mythbusting Laws32












QampA

Mythbusting Laws33









of parent










Mythbusting Laws34















Mythbusting Laws35












Mythbusting Laws36















Mythbusting Laws37














Mythbusting Laws38













Mythbusting Laws39


Mythbusting Laws40


Mythbusting Laws41

Promising Practices

4









































































































































purposes22










Resources

5




wwwstatescapecom
































































































































TABLE OF CONTENTS

INTRODUCTION

Goals

Scope

Audience


Disclaimer


Need





Barriers

Confidentiality





Glossary

Confidentiality13

Child Myths



Parent Myths





Judge Myths




Caseworker Myths







Educator Myths








Child Myths




Parent Myths





Judge Myths





Caseworker Myths



Educator Myths




Child Myths




Parent Myths









Judge Myths






Caseworker Myths



Educator Myths





Endnotes

SECTION 3 LAWS13

Confidentiality


Education records13








FERPA exceptions13













































Endnotes13























Endnotes13






PrintField














2


CONFIDENTIALITY

Child Myths





Child Realities


GLOSSARY









































































































































































































































Mythbusting Laws24

3








Confidentiality














Mythbusting Laws25







20 USC sect 1402 (23)












Mythbusting Laws26














Mythbusting Laws27














Mythbusting Laws28








Mythbusting Laws29














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QampA

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of parent










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Promising Practices

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purposes22










Resources

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TABLE OF CONTENTS

INTRODUCTION

Goals

Scope

Audience


Disclaimer


Need





Barriers

Confidentiality





Glossary

Confidentiality13

Child Myths



Parent Myths





Judge Myths




Caseworker Myths







Educator Myths








Child Myths




Parent Myths





Judge Myths





Caseworker Myths



Educator Myths




Child Myths




Parent Myths









Judge Myths






Caseworker Myths



Educator Myths





Endnotes

SECTION 3 LAWS13

Confidentiality


Education records13








FERPA exceptions13













































Endnotes13























Endnotes13






PrintField

breaking down confidentiality and decision-making barriers

Documents