Passports to Success

Assuring Positive Educational Experiences
For Children in Out-of-home Care


Module 3: Page 8 of 11

A quick check-in...

Let’s see how well you understand how Corey’s teacher will be managing communication with the adults in his life. For each of the three questions or statements below, choose your answer(s) and then select “Check your answer” to view the correct choice and the reasons for it.


1) The school can share information with a county agency under which the following circumstances? Choose all that apply:

  1. The school receives a copy of a consent to release information from pupil records signed by a parent.
  2. The caseworker shows a school official or staff person a copy of the court order authorizing the child in question to be held at a foster home under the supervision of the county agency.
  3. The caseworker informs a school official or staff person that the court has ordered the release of information.
  4. The caseworker has notified the school in writing that the county agency has legal custody of the child.
  5. The caseworker shares a copy of a court order specifically authorizing the school to release information from the child’s pupil records to representatives and agents of the county agency.

 

Check your answer:

Choices "a" and "e" are correct. School officials must have written consent from a parent or a copy of a court order expressly authorizing the release of the information. The fact that the county agency has legal custody or has supervision of the child by itself does not grant the agency access to the child’s pupil records.


2) Based on what you now know about Corey’s case, whom do you invite to the parent-teacher conference?

  1. Only Corey’s parents (the Sanders) since they are his parents and legal guardians.
  2. Corey’s foster parents (the Martins) and Jeanne Carter (the caseworker), since they are the people primarily responsible for Corey’s care at this time.
  3. Only Jeanne Carter (the caseworker) since she supervises his case for the court.
  4. All three parties: the Sanders, the Martins and Jeanne Carter.

Check your answer:

The correct choice is "d" - you invite all three parties. The Sanders are Corey’s parents, guardians and legal custodians. It is also in Corey’s best interests for his parents to be present, since he is likely to be returned to their care once the concerns necessitating his removal have been resolved. In addition, the Sanders have consented to having Corey’s educational information shared with the Martins and Jeanne Carter, so they need to be invited too. Corey gets the most benefit from all three parties being present.


3) Identify all correct statements below about the confidentiality of the child welfare records for a student in out-of-home care who is enrolled in your school.

  1. The county agency must have a signed consent from the parent or a court order to release information from child welfare records to the school.
  2. The county agency can determine which information it releases from its child welfare records to the school.
  3. School staff who receive confidential information from child welfare records can re-disclose that information as long as their intent is to be helpful to the child.
  4. As an education professional, I can ask the child why he is in out-of-home care as long as I have a valid reason for doing so.

Check your answer:

The correct answer is "b". The county agency has discretion as to what it releases and can make judgments about what information is relevant for meeting the child’s needs in school.

Remember:

  • The county agency may release confidential information to the school under s. 48.78 and 938.78 of the statutes, without parental consent or a court order.
  • School staff who receive confidential information from child welfare records must keep that information confidential as required under s. 118.125 of the statutes.
  • Never ask a child why he or she is in out-of-home care, as that information is not relevant to providing the child with instruction. That information is protected under the statutes. Because of your position of authority in relationship to the child, asking may make the child feel compelled to respond, and that jeopardizes the child’s sense of psychological safety in the school.

 

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