EXECUTIVE SUMMARY WEST VIRGINIA DEPARTMENT OF EDUCATION New Data Collection Title: Federally Required Subgroups: Foster Care Status and Military- Connected Status Background: The Elementary and Secondary Education Act of 1965 was reauthorized in 2015 as the Every Student Succeeds Act, also called ESSA (20 U.S.C. 6301 et seq.). Among the changes in the law are new requirements relating to the disaggregation of education data by student subgroups. Education agencies have long reported student performance data for subgroups based on student gender, race/ethnicity, socioeconomic status, disability status, and English language learner status. ESSA now requires that education agencies also report data for subgroups based on student homeless status, status as a child in foster care, and status as a student with a parent who is a member of the Armed Forces of the United States on active duty (see, e.g., Title I, Part A, Subpart 1, Section 1111.(h)(1)(C) of the ESSA statute). WVDE currently collects and secures information about students homeless status pursuant to other federal reporting requirements. However, neither the department nor any district or school systematically collects information about students statuses as children in foster care or children with a parent serving in the Armed Forces. To comply with federal law, WVDE must begin collecting this information and securing it within the West Virginia Education Information System (WVEIS). Proposal: Following a review of new requirements outlined in ESSA and in consultation with key stakeholders, the WVDE Office of Federal Programs proposes collecting information about students statuses with respect to placement in foster care and parents current military service. The office proposes collecting information about students foster care status through a mutually agreeable data access agreement with the WV Department of Health and Human Resources. The agreement will be developed and signed following final approval of the current proposal. WVDE and WV DHHR will make arrangements for the approved indicators to be transferred directly between the agencies and secured in the WVEIS. Such transfers will need to occur on a regular basis throughout the school year to ensure that information in the WVEIS is current and accurate. Access to any student-level data relating to foster care status would be restricted only to those administrators and professional staff (specifically, school counselors) with a legitimate need to know. The office proposes collecting information about students connection to active members of the military through direct report on enrollment forms and through other methods. The information will be entered by school staff into an appropriate application within the WVEIS. School staff will be encouraged to interact regularly with students who have a parent serving in National Guard or Reserve components of the Armed Forces to determine if a parent is called to active duty during a school year. Because a student s status as a military-connected child may change during the course of a school year, student records will need to be updated on an ongoing basis throughout the year when changes in status occur (e.g., as when a parent is called to active duty, when a parent enters or leaves military service). Access to student-level data relating to military-connected status will be restricted only to those administrators, educators, and other professional staff (e.g., counselors) with a legitimate need to know.
Impact: Adopting the proposed data elements will ensure that the WVDE and all districts and schools are fully compliant with state and federal requirements and expectations regarding the collection and reporting of information about students. Failure to collect this information will result in the state being out of compliance with federal requirements and may result in negative repercussions for the state, districts, schools, and ultimately, students. In addition to ensuring compliance with federal requirements, collecting this information in a systematic, secure way will ensure that students in need of additional support or resources receive that assistance in a timely and efficient manner. For instance, students who are removed from their home environments and served by the foster care system may need additional supportive services as determined by plans developed by their multi-disciplinary teams. Including foster care status in the student information system with appropriate access restrictions can ensure that staff with a need to know (chiefly, counselors) will be aware of students basic needs and can help plan and provide suitable supports while ensuring that student privacy is protected. The close collaboration that will develop between education staff and WV DHHR personnel will also enable local districts and state agencies to more accurately and consistently report information to comply with state and federal requirements across agencies. Additionally, students who transfer schools due to their parents military service or whose parents/guardians may be called to serve on active duty may need additional academic services or counseling to help them achieve at high levels while simultaneously dealing with the stresses of military life.
Data Elements: Federally Required Subgroups: Foster Care Status and Military-Connected Status List of Stakeholders The WVDE Data Governance Committee and other stakeholders internal and external to the department have reviewed this proposed data collection and have determined that it is an appropriate request to submit to the West Virginia Board of Education for review and consideration. Internal WVDE Stakeholders Sterling Beane, Jr., Chief Information Officer Division of Technology Michele Blatt, Chief Accountability and Performance Officer Division of School Effectiveness Barbara Brady, Coordinator Office of Student and School Support Ghaski Browning (Retired) Office of Federal Programs Clayton Burch, Chief Academic Officer Division of Teaching and Learning Chris Casto, Assistant Director Office of Data Management and Analysis Christi Chambers, Executive Director Office of Institutional Education Programs Robert Crawford, Assistant Director Office of Federal Programs Kathy D Antoni, Chief Career and Technical Education Officer Division of Career Technical Education Monica DellaMea, Executive Director Office of Early Learning Jacob Green, Special Assistant to the Chief CTE Officer Office of Institutional Education Programs Terry Harless, Chief Financial Officer Division of Finance and Administration David Hudnall, Coordinator Office of Data Management and Analysis
Georgia Hughes-Webb, Data Governance Manager Office of Research, Accountability, and Data Governance Betty Jo Jordan, Executive Assistant Office of the Superintendent Randall Kirk, Executive Director Office of Data Management and Analysis Robert Mellace, Coordinator Office of Educator Effectiveness and Licensure Brenda Morris, Executive Director Office of Technology Integration and Support Sherri Nash, Executive Director Office of Innovation, Workforce Development, and Support Sheila Paitsel, Coordinator Office of Federal Programs Jeffrey Pitchford, Data Governance Specialist Office of Research, Accountability, and Data Governance Melanie Purkey, Executive Director Office of Federal Programs Vaughn Rhudy, Executive Director Office of Assessment Daniel Todd, Coordinator, Procurement Office of Child Nutrition Andy Whisman, Executive Director Office of Research, Accountability, and Data Governance Mollie B. Wood, Assistant Director Office of Institutional Education Programs External Stakeholders Deborah Ashwell, Coordinator West Virginia Office of Education Performance Audits Jeremy Baisden, Coordinator of Information Systems Cabell County Schools
Chris Cress, Assistant Director Mid-Ohio Valley Technical Institute Traci Dean, Functional Manager, Family and Children Tracking System WV Department of Health and Human Resources Edward L. Dolly, Chief Information Officer West Virginia Department of Health and Human Resources Nancy Exline, Commissioner, Bureau for Children and Families West Virginia Department of Health and Human Resources Dawn Gessel, Director of Information Systems Putnam County Schools Kimberly Griffey, State Military Authority, Family Assistance Specialist WV Army National Guard Mike Harker, WVEIS Systems Manager Regional Education Service Agency (RESA) 7 Sara Harper, Data Coordinator West Virginia Office of Education Performance Audits D. Michael Johnson, Director, Family and Children Tracking System WV Department of Health and Human Resources Tracy Korff, Supervisory Staff Administrator 38th Regional Support Group (U.S. Army Reserve) Jim Mahan, Director of Secondary Education Jackson County Schools Bob Mathews, Director of Information Services Wood County Schools Alicia McIntire, Business Analyst, Family and Children Tracking System WV Department of Health and Human Resources Justin McIntire, Deputy State Family Programs Director WV Army National Guard Susan O Brien, Director West Virginia Office of Education Performance Audits Sharon Peters, Airman & Family Readiness Program Manager 130 Air Wing, WV Air National Guard
David Soltesz, WVEIS Coordinator and Computer Applications Trainer Marshall County Schools Linda Vanover, Family Resources Support Assistant 38th Regional Support Group (U.S. Army Reserve) Mike Webb, Service to the Armed Forces American Red Cross
Proposed Data Collection: Description and Information Several elements not already existing within the data system will be collected to ensure accurate and adequate identification of students in foster care and students with a parent serving in the Armed Forces. Proposed new components and their descriptions follow. Item Name & Definition: Federally Required Subgroups: Foster Care Status Students who have been in foster care at any point during a school year (whether through a new or ongoing removal episode or placement) will be considered children in foster care. To best determine a student s status as a child in foster care, the following data elements are proposed for inclusion in the West Virginia Education Information System (WVEIS). Information about Removal Incidents and Placements: WVDE will need information about any removal incidents (i.e., instances when a child is removed from the care of their family or parents/guardians) and out-of-home placements involving a student in order to determine the dates during which a child was receiving relevant services. Such information will include: Date of Removal: Date on which a student was removed from his/her home environment Location of Removal: County and/or home address in which the removal incident occurred Removal Type: The type of removal of a student from a caretaker s home (e.g., court order, voluntary placement or relinquishment, protective custody) Placement Entry Date: Date on which a student was placed into foster care or other out-of-home environment Placement Type: The type of placement through which a child receives services; options will include (as defined by WV DHHR): o Emergency Foster Family Care o Kinship/Relative Placement and Relative Foster/Adoptive Family Care o Foster/Adoptive Family Care o Specialized Agency Foster/Adoptive Care o Group Care o Specialized Family Care o Residential Treatment Facility Care o Psychiatric Residential Treatment Facility Care o Emergency Shelter Care o Out-of-State Placement o Transitional Living o Others as determined by WV DHHR Placement Setting/Location: The location or setting of a student s foster care placement, to include at a minimum, the name of the county in which the placement is made Placement End/Exit Date: The date on which a placement ends or the student exits foster care placement Placement Exit Reason: The reason a student exits a foster care placement Removal End-Date/Discharge Date: The date on which the removal episode ends and/or on which the student is discharged from foster care Type of Discharge: The type of discharge from foster care (permanent or temporary) Discharge Reason: The reason for the student s discharge from foster care
Response sets will be based on established WV DHHR options and definitions, where possible. These indicators are necessary to determine whether a student received services from foster care during the academic year. Information about dates of removal events and placements as well as the locations at which these key events and placements occur is essential to plan for and monitor the stability of the student s educational experience (e.g., ensuring that the student is able to stay in his/her school of origin whenever feasible when considering the student s safety and well-being). Counselors and administrators may also use these data to identify students in need of additional supports (e.g., tutoring, mentoring, counseling) to encourage success even during significant transitions in their lives. Information to Facilitate Appropriate Communication: Other information will be necessary to ensure that schools and districts are able to communicate and coordinate with the appropriate parties with respect to a student s education and education records while the student is placed in foster care: Termination of Parental Rights Information: Indicators of whether any parental rights have been terminated; information must include which parent s or parents rights have been terminated, the date(s) on which the termination was put into effect, and any exceptions (e.g., retention of educational rights) Restrictions on Contact: Information about whether there are any restrictions in place that limit contact between students and their parents or other family members Foster/Caretaker Family Information: Name and contact information for foster parents or caretakers who should be the primary point of contact while the student is in care Case Worker Information: Name and contact information for the student s case worker through WV DHHR who will serve as a liaison and resource for school staff when necessary Custody Status: Indicator of the custody status for the student and the names of the person(s) with legal custody of the student Multi-Disciplinary Team (MDT) Notifications: Date, time, location, judicial circuit, and other information relevant to any MDT meetings that will occur to develop plans for student-focused services and support This information is necessary to ensure that school staff have current and complete information about the adults/caretakers who have legal authority to interact with the student, to act on his/her behalf, and who are authorized to give and receive information about the student and his/her education. Federal and state laws prevent the release or disclosure of information from student education records to unauthorized parties. Because the parties authorized to receive education-related information about students in foster care may be in flux, it is critical for schools to have the most current and accurate information available about parental rights, custody, and guardianship. Information from WV DHHR will be matched with information already in the WVEIS based on student information such as name, date of birth, and Social Security Number (if available). The data approved for collection will be secured within WVEIS and accessible only to those administrators and professional staff (i.e., counselors) with a need to know. The information will be treated in a confidential manner similar to the rules and restrictions used for data about student homeless status and socioeconomic status. Item Name & Definition: Federally Required Subgroups: Military-Connected Status Students who have a parent/guardian serving on active duty in any branch of the Armed Forces of the United States will be considered military-connected children. To best determine a student s status as a
child with a parent serving in the Armed Forces, the following data elements are proposed for inclusion in the WVEIS. Military Connection: Indicator of whether or not a member of a student s immediate family is serving or has served in the Armed Forces Relationship to Student: Indicator of the family member s relationship to the student (e.g., father, mother, stepfather, stepmother, guardian, sibling, other person residing in the same household); multiple options may selected if a child has more than one immediate family member serving in the military Branch of Service: Indicator of the military branch in which the family member serves (Air Force, Army, Coast Guard, Marine Corps, Navy) Military Status: Indicator of the family member s current military status/connection; options will include the following: o Active Duty: Full-time active duty status in the Active Component of the Armed Forces o National Guard: Reserve Component service members serving in the Army National Guard or Air National Guard o Reserve: Reserve Component service members (other than National Guard) serving in any branch of the Armed Forces o Active Guard Reserve (AGR): Reserve Component service members (whether Reserve or National Guard) serving full-time on federal active duty status o Individual Ready Reserve (IRR): Members of the military who previously served in the Active or Reserve Components who need to fulfill their Military Service Obligations (MSOs); may also include members who have fulfilled their MSOs and who elect to serve in the IRR, if eligible o Standby Reserve: Members of the military who maintain their military affiliation without being in another Reserve status (e.g., Ready Reserve) or serving on active duty but who have the potential to be mobilized o Retiree/Veteran: former members of any military branch who have retired or are no longer serving Although retiree or Veteran status will not likely be a reportable category of military service for federal requirements, certain Veterans may be subject to Retiree Recalls for both contingency and non-contingency operations. Called to Active Duty: Indicators of whether the student s military parent has been called (or recalled) to serve on active duty for mobilization or deployment, other operational support, fulltime training duty, annual training duty, attendance at a military/service school, or other active duty service as defined by federal statute; full time National Guard duty required by the state will not be considered active duty for federal reporting purposes Active Duty Entry Date: Approximate date the parent entered active duty (if known) Active Duty Exit Date: Approximate date the parent the parent exited active duty status (if known) This information is necessary to determine whether a student has a parent/guardian serving on active duty in the military at any point during the school year. Identifying military children upon enrollment in a school particularly a new school can help staff coordinate education plans with military families (particularly active duty, AGR, and Veterans families) who may be transitioning to new communities. The ability to know if/when a parent in the Reserve Component is called to active duty will allow school staff to provide any additional supports or resources students might need to allow them to be successful even when dealing with possible separations in their home lives. As proposed, the information will also enable
disaggregation of data based on students connections to the Active and Reserve Components, which is a best practice endorsed by the Department of Defense (see information available at the following link: http://www.usa4militaryfamilies.dod.mil/mos/f?p=usa4:issue:0::::p2_issue:3). When and Where the Information will be Collected: Foster Care Status: The office proposes collecting information about foster care placement directly from the WV Department of Health and Human Resources (WV DHHR) through a data access agreement. WVDE and WV DHHR will make arrangements for the approved indicators to be transferred directly between the agencies and secured in the WVEIS. Data transmissions will need to occur on a regular basis throughout the school year (i.e., daily or nightly) to ensure that information in the WVEIS is current and accurate, both for those students currently in foster care and for those who have exited care. The information will be updated directly in the WVEIS without need for school staff to enter any information. Any data related to a student s status as a child in foster care will be restricted only to those administrators and professional staff (specifically, counselors) with a need to know for the purposes of developing or providing appropriate supports and ensuring accuracy in aggregate state and federal reporting. Military-Connected Status: Information about students military-connected status will be collected through direct report on enrollment forms and through other methods (e.g., verbal disclosures by a parent or student to school staff). The information will be entered by school staff into an appropriate application within the WVEIS. Because students status as a military-connected child may change during the course of a school year, student records will need to be updated on an ongoing basis throughout the year as changes in status occur. School staff will be encouraged to interact regularly with students who have a parent serving in National Guard or Reserve components of the Armed Forces to determine if a parent is called to active duty, attends annual training, or in other ways serves on active duty during a school year. This information must be updated as school staff become aware of situations in which a parent is called to active duty to ensure that West Virginia education agencies can comply appropriately with federal reporting requirements regarding the disaggregation of data by subgroups, including children whose parents serve in the Armed Forces on active duty. Information about a student s status as a military-connected child will be protected with the restrictions applied to other similar student records; military-connected status will not be considered directory information and must not be disclosed on an individual basis without appropriate consent/approvals. Description of the Legal Authority, Purpose, and Use of the Information: Collection of this information is required by federal law, specifically the Every Student Succeeds Act, also called ESSA (20 U.S.C. 6301 et seq.). Federal law has long required that certain indicators of student performance and school quality be disaggregated and reported by student subgroups. The passage of ESSA in 2015 brought with it requirements for disaggregating data in new ways, including reporting by subgroups based on students statuses as children in foster care and children with a parent serving in the Armed Forces. The purpose of collecting this data is to monitor programs and services and to promote accountability for serving the needs of all students including those who may be highly mobile or dealing with significant life transitions such as those that may occur when a child is placed in foster care or when a child s family serves in the military (e.g., changes in duty stations or deployments). As with other information collected by the district, students statuses as children in foster care and as children with a parent serving in the Armed Forces will not be revealed publically and will not be used for
any purpose other than the provision and administration of educational services and required aggregate reporting. This information will be used as part of annual required reporting in an aggregate format that will ensure no student can be personally identified. Student privacy and the security of student information will be maintained pursuant to applicable federal and state regulations, to include (but not be limited to) the Family Educational Rights and Privacy Act (FERPA), West Virginia Board of Education Policy 4350 (Procedures for the Collection, Maintenance, and Disclosure of Student Data), and the Student Data Accessibility, Transparency, and Accountability Act (W. Va. Code 18-2-5h).
NEW DATA ELEMENT: Federally Required Subgroups: Foster Care Status and Military-Connected Status COMMENT PERIOD ENDS: _October 12, 2016 COMMENT RESPONSE FORM NOTICE: Comments, as submitted, shall be filed with the West Virginia Secretary of State's Office and open for public inspection and copying for a period of not less than five years. The following form is provided to assist those who choose to comment on the proposed new electronic data collection Federally Required Subgroups: Foster Care Status and Military-Connected Status. Additional sheets may be attached, if necessary. Name: Organization: Title: City: State: Please check the box below that best describes your role. School System Superintendent School System Staff Parent/Family Principal Teacher Business/Industry Professional Support Staff Service Personnel Community Member Foster Care Status: Date of Removal. COMMENTS/SUGGESTIONS Foster Care Status: Location of Removal. Foster Care Status: Removal Type.
Foster Care Status: Placement Entry Date. COMMENTS/SUGGESTIONS Foster Care Status: Placement Type. Foster Care Status: Placement Setting/Location. Foster Care Status: Placement End/Exit Date. Foster Care Status: Placement Exit Reason. Foster Care Status: Removal End-Date/Discharge Date. Foster Care Status: Type of Discharge. Foster Care Status: Discharge Reason. Foster Care Status: Termination of Parental Rights Information. Foster Care Status: Restrictions on Contact.
COMMENTS/SUGGESTIONS Foster Care Status: Foster/Caretaker Family Information. Foster Care Status: Case Worker Information. Foster Care Status: Custody Status. Foster Care Status: Multi-Disciplinary Team (MDT) Notifications. Military-Connected Status: Military Connection. Military-Connected Status: Relationship to Student. Military-Connected Status: Branch of Service. Military-Connected Status: Military Status. Military-Connected Status: Called to Active Duty. Military-Connected Status: Active Duty Entry Date.
Military-Connected Status: Active Duty Exit Date. COMMENTS/SUGGESTIONS Please direct all comments to: Georgia Hughes-Webb, Data Governance Manager Office of Research, Accountability, and Data Governance West Virginia Department of Education Capitol Building 6, Room 825 1900 Kanawha Boulevard, East Charleston, West Virginia 25305-0330 E-Mail Address: ghugheswebb@k12.wv.us Fax No.: (304) 558-7881