Confidentiality LaRhonda Kirkland Special Education Consultant August 2009

Confidentiality is a basic right shared by all students and their parents. Confidentiality

Confidentiality Laws There are several laws that cover that protection of confidentiality of individuals. Some of them carry a fine of $250,000 or up to 5 years in prison.

Family Educational Rights and Privacy Act of 1974 A Federal law that protects the privacy of student education records It applies to all schools that receive funds by the US Department of Special Education. FERPA gives parents certain rights with respect to their children’s education records.

Why worry about FERPA? Lawsuits Loss of Federal funding Dismissal The right thing to do!

 The following rules apply to confidentiality of student information:

“LEGITIMATE EDUCATIONAL INTEREST”  THE DEMONSTRATED NEED TO KNOW BY THOSE OFFICIALS OF AN INSTITUTION WHO ACT IN THE STUDENT’S EDUCATIONAL INTEREST, INCLUDING  FACULTY  ADMINISTRATION  CLERICAL  PROFESSIONAL EMPLOYEES,  OTHER PERSONS WHO MANAGE STUDENT RECORD INFORMATION.

Safeguards The superintendent or designee shall ensure confidentiality. Access of unauthorized personally identifiable information without parental consent is forbidden. All persons who work with confidential information shall receive instruction concerning policies and procedures.

CCSS shall maintain a current list of the names and positions of employees in the school who may have access to student confidential files. This list shall be posted where the records are housed. When educational records of students are released, the system shall maintain a record in the file of those who have had access to the records and for what purpose.

Provide the parent or eligible student access to the records Specify in writing the persons receiving records shall not permit access to third parties without the written consent of the parent (Release of information form).

Transfer information used in making special education decisions to another system which the student plans to attend. Parents are notified that records are being sent to another system, and upon request, may receive copies of records transmitted.

Stop and Think! A colleague had one of your students last year and wonders how the student is doing this term. Is it lawful to share the student’s classroom performance with her?

Stop and Think! No! Sharing this information will not benefit the child’s education this school year.

Stop and Think! Do faculty have unlimited access to records? Yes! Faculty may access records without written consent only if they are acting in the student’s educational interest and have a demonstrated need to know.

Stop and Think! An instructor would like other third grade teachers to see a listing of all the scores on a test. The list contains no identifiable information. Does the teacher need written consent from the students to display information? No—A list of scores that cannot in any way be linked with individual students does not require written consent.

Stop and Think! Don’t get caught: –Sharing s about students and parents –Discussing students and parents on Facebook and MySpace –Sharing information with spouses, siblings, friends, colleagues when at the soccer field, girl’s night out, dinner in your favorite restaurant –Chit chatting about students at Wal-mart, Kroger or Publix with a colleague

When in Doubt Don’t give it out!