State Data Legislation
Sharing information on the education of children in out-of-home care can improve their educational outcomes. Information collected and shared across the child welfare, education, and court systems can help to ensure appropriate services are provided to students, track trends, deficits, and improvements, and shape policies, programs, and practices.
Federal laws including the Family Education Rights and Privacy Act (FERPA), the Uninterrupted Scholars Act (USA) that amended FERPA, the data provisions found in the Every Student Succeeds Act (ESSA) amending the Elementary and Secondary Education Act (ESEA), and data provisions in Title IV- E of the Social Security Act outline various requirements related to data and information sharing, including what information should be collected and shared, and what confidentiality rules apply. Many states have passed legislation regarding implementation of these laws, and several require additional data collection and reporting. This page highlights a few examples of state legislation to improve data sharing on educational outcomes for students in foster care.
Strategy: Track and report educational outcomes for students in foster care at the aggregate level, including metrics related to school stability, performance, attendance, discipline, graduation, and more. In addition to tracking this data internally, publicly sharing this data can promote accountability and partnership with community organizations and researchers. Several states do so by releasing annual reports which often go beyond what is federally required in state ESSA report cards. Some states display this data on publicly accessible online dashboards.
State examples:
Collecting and Sharing Population-Level Data
Michigan HB 4677 (2024) Requires child welfare and education departments to provide an annual report with data including the number of children in foster care. Data regarding school stability, discipline, absenteeism, test scores, special education, and graduation. Additionally, some data measures are required to be broken down by students in foster care at traditional public charter schools, private schools, and schools at residential facilities.
California Education Code § 49085: Requires aggregate data reporting about the educational outcomes of foster youth not just at the state level, but also at the the district and school level for each local education agency and county with at least 15 students in foster care. Also requires the state child welfare agency to share disaggregated data on children and youth in foster care that is helpful to county offices of education and other local educational agencies responsible for ensuring that students in foster care receive appropriate educational supports and services at least weekly.
Strategy: Schools, caseworkers, and caregivers need information about individual students to meet their educational needs. States have passed laws to ensure schools know when a student has entered into foster care and that caregivers have access to needed education records. States have also passed legislation about speedy transfer of records when students in foster care change schools, so students may be placed appropriately and receive necessary services.
State Examples:
Rhode Island HB 5157 (2021) Requires school superintendents to complete an annual report on the progress and status of foster care youth in their school(s). The report must identify the number of children in foster care in each school as well as data related to academic performance, discipline, absenteeism, and special education services. If the report demonstrates that youth in foster care are disproportionately failing to meet academic standards or subject to school discipline, then the superintendent must develop a remediation plan and include that plan in the report.
Arizona SB 1205 (2023): Adds information regarding school placements for children in foster care to the state’s child welfare department data collection and reporting requirements. This includes the number of best interest determinations (B.I.D.s) conducted to determine where a child should attend school, the number of children who entered foster care and did not have a B.I.D., and the outcome of each B.I.D.
Individual Student Data Sharing and Access
Kentucky HB 33 (2017)- Mandates data sharing between child welfare agencies and schools when students enter the state’s foster care system. Schools must be notified of the child’s status as a student in foster care, who is caring for the child, and who is authorized to visit and pick up the child.
California Education Code § 49069.3-5 (2016)- Requires a sending school to transfer both the student and their records within two business days of notification that the student will be transferring. Each school must have a point of contact to promptly handle these transfers, and the county education agency must coordinate information about student transfers in foster care between these points of contact to ensure transfers occur quickly and smoothly.
Colorado HB 1348 (2018)- The act allows foster parents access to certain information regarding a foster child or prospective foster child, including judicial information and education records.
Other states with similar legislation include Connecticut, Nevada, and Washington.
