Seasoned Coordinator Session June 13, 2017 1 Agenda • Welcome and introductions – Rob Mayo (NDTAC), Murray Meszaros (Utah), Karen Steinhus (California) • Authentic collaboration: Barriers and strategies • Topic 1: Efficient cross-agency records transfer and data-sharing systems – Strengths, weaknesses, opportunities, threats, and strategies (SWOTS) discussion • Topic 2: Supporting subgrantees in collecting and using data – SWOTS discussion • Wrap-up: Key takeaways, implications and strategies for improving policies, and procedures and practices moving forward 2 Authentic Collaboration: Barriers and Strategies 3 Collaboration • Two or more entities • Working in tandem through informal and formal agreements • Common goal(s) • Agreed-on outcome(s) 4 Stages of Collaboration Coexistence Communication Cooperation Coordination Coalition True Collaboration Source: Frey (2004); Hogue (1993). 5 Challenges to Collaboration Philosophical Structural Language and Communication Stakeholder/ Staff Resistance Source: Shufelt, J. L., Cocozza, J. J., & Skowyra, K. R. (2010) 6 Barrier Busting Start with all stakeholders at the table Identify shared values and principles Work through differences Use data to educate and garner buy-in Co-location of staff Joint policies and procedures Joint service planning and accountability for outcomes Blended/braided funding Reduce the use of agency jargon Cross-train staff Develop a glossary of common terminology, service approaches, case flow Get staff input from the beginning Train staff for changes in roles and responsibilities Share results Celebrate successes! Source: Frey (2004); Hogue (1993). 7 Practices and Strategies 8 Understanding the Family Educational Rights and Privacy Act 9 Understanding the Family Educational Rights and Privacy Act I. When disclosing to juvenile justice agency-run schools or districts where the student is placed by the juvenile justice agency • FERPA permits the nonconsensual disclosure of personally identifiable information (PII) from education records to officials of other schools/systems in advance of the transfer to the new school or system where a student seeks or intends to enroll or into which a student is being placed. – Juvenile justice agencies that have been designated by their State as either a school or district are assigned a code by the National Center for Education Statistics. 10 Understanding the Family Educational Rights and Privacy Act I. Criteria for originating schools disclosing education records without parental consent: – Previously notified/informed parents in its annual notification of FERPA rights that it forwards education records to other schools that have requested the records and into which (a) the student seeks or intends to enroll or (b) the student is being placed; or – Originating school makes a reasonable attempt to notify the parent at his or her last known address of the disclosure; or – Disclosure is initiated by the parent. • Parents have the right to request a copy of records and the right to seek to amend them. 11 Understanding the Family Educational Rights and Privacy Act II. When disclosing pursuant to an authorizing State statute • Juvenile justice agencies can receive PII from students’ education records pursuant to an authorizing State statute if the disclosure concerns the juvenile justice system and is needed by such system to effectively serve the student. • However, if the underlying State statute authorizing the disclosure was enacted after November 19, 1974, then: – Disclosure must be needed by such system to effectively serve the student prior to the student’s adjudication as a delinquent. – Officials or authorities receiving the PII from education records must have certified in writing that they will not nonconsensually disclose the information to a third party, except as provided under applicable State law. 12 Understanding the Family Educational Rights and Privacy Act III. When disclosing pursuant to court order or subpoena • PII from students’ education records may be disclosed without parental consent if the disclosure is to comply with a judicial order or lawfully issued subpoena. • However, the education agency or institution generally may disclose information only under a court order or a subpoena if the agency or institution makes a reasonable effort to notify the parent of the order or subpoena in advance of compliance with it so that the parent may seek protective action. • Notification is not required, however, if disclosure is in compliance with a subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed. 13 Resource Overview: The Models for Change Information Sharing Tool Kit (Second Edition) 14 Resource Overview: The Models for Change Information Sharing Tool Kit (Second Edition) • Category One Tool Kit: Information Sharing for Purposes of Individual Case Planning and Decision Making • Category Two Tool Kit: Data Collection and Sharing for Law, Policy, and Program Development • Category Three Tool Kit: Data Collection and Sharing for Program Evaluation and Performance Measurement http://www.infosharetoolkit.org/ The second edition is a joint product of the Juvenile Law Center and the RFK National Resource Center for Juvenile Justice. 15 Resource Overview: The Models for Change Information Sharing Tool Kit (Second Edition) • Introduction • Federal law overview – Education records • FERPA – The release of education records – FERPA exceptions – FERPA and the child welfare and juvenile justice systems • The Individuals with Disabilities Education Improvement Act • The Protection of Pupil Rights Amendment 16 Resource Overview: The Models for Change Information Sharing Tool Kit (Second Edition) • Health records – The Health Insurance Portability and Accountability Act (HIPAA) • • • • Protected health information Entities governed by the Privacy Rule The release of protected health information Exceptions to requirement of obtaining authorization prior to release • HIPAA and minors • HIPPA and the juvenile justice and child welfare systems • HIPAA and FERPA 17 Resource Overview: The Models for Change Information Sharing Tool Kit (Second Edition) • Federal drug and alcohol confidentiality laws and regulations (Part 2) – – – – – Release of information FDAC and minors Exceptions Exclusions Part 2 and the juvenile justice and child welfare systems • Related Federal laws • State laws and resources 18 Resource Overview: The Models for Change Information Sharing Tool Kit (Second Edition) • Case scenarios and answers • Principles • Guidelines 19 Topic 1: Efficient Cross-Agency Records Transfer and Data-Sharing Systems 20 Discussion Topic 1: Efficient Cross-Agency Records Transfer and Data-sharing Systems What are your State and local SWOTS: • • • • • Strengths Weaknesses Opportunities Threats Strategies 21 Challenges to Collaboration Philosophical Structural Language and Communication Stakeholder/ Staff Resistance Source: Shufelt, J. L., Cocozza, J. J., & Skowyra, K. R. (2010) 22 Topic 2: Supporting Subgrantees in Collecting and Utilizing data 23 Discussion Topic 2: Supporting Subgrantees in Collecting and Using Data What are your State and local SWOTS: • • • • • Strengths Weaknesses Opportunities Threats Strategies 24 Challenges to Collaboration Philosophical Structural Language and Communication Stakeholder/ Staff Resistance Source: Shufelt, J. L., Cocozza, J. J., & Skowyra, K. R. (2010) . 25 Wrap-Up In your role as State Title I, Part D coordinator, what are the short- and long-term implications and strategies for improving subgrantee data-sharing and utilization policies, procedures, and practices moving forward? 26 References Frey, B, et. al. (2004). Measuring Change in Collaboration Among School Safety Partners. Lawrence, KS: University of Kansas Hogue, T. (1993). Community-based collaboration: Community wellness multiplied. Bend, OR: Chandler Center for Community Leadership. Shufelt, J. L., Cocozza, J. J., & Skowyra, K. R. (2010). Successfully Collaborating With the Juvenile Justice System: Benefits, Challenges, and Key Strategies. Washington, DC: Technical Assistance Partnership for Child and Family Mental Health. 27 Thank You! Questions? 28
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