Tomball Independent School District Annual Confidentiality Training Presented by: The department of special services August 2017

Introduction Employees in Tomball ISD MUST annually receive current information pertaining to confidentiality. While the confidentiality information pertains to ALL students, students with disabilities have some additional protections (procedural safeguards). Please read all of the following information thoroughly. After reviewing the information, you are asked to complete a signature page indicating that you have read the materials.

What is FERPA? FERPA, the Family Educational Rights and Privacy Act, is a Federal law that governs the disclosure of information from education records. All public elementary and secondary schools are subject to this act. All public school students, with and without disabilities, are protected by this act.

What is a student educational record? All documentation, including electronic messages, with personally identifiable information maintained by any staff member, other than memory aids (i.e. personal notes that have not been shared with anyone other than a substitute) are considered and are to be treated as student educational records.

A parent/guardian or majority age (18 years or older) student Who may inspect and review a student’s record without parent/guardian’s consent? A parent/guardian or majority age (18 years or older) student School officials with legitimate education interest Specified officials for audit or evaluation purposes Compliance with a judicial order or lawfully issued subpoena Appropriate officials in cases of health and safety emergencies

What is Directory Information? The Tomball Independent School District has designated certain information (see below) contained in the educational records of its students as directory information for purposes of the FERPA. Directory information may be disclosed by TISD without the consent of the parent/guardian or majority age student, unless specifically prohibited by the parent/guardian. The following information regarding students is considered directory information: Students Name Grade Level Parent/guardian’s Names Address Telephone number Date of Birth

Who is the custodian of student records? Campus Records (e.g. cumulative educational records, cumulative health record, etc.) --------------------------------------------? Special Education Records Maintained by School District.

Must the district keep a log of Record Requests? The District will maintain a record of all requests for and/or disclosure if information from a student’s education/health records, except if the request was from, or the disclosure was to: The parent/guardian or majority age student A party with written consent from the parent/guardian or majority age student A party seeking directory information A party seeking or receiving the records as directed by a law enforcement subpoena if the issuing court or other issuing agency has ordered that the existence of the contents of the subpoena or the information furnished in response to the subpoena not be disclosed. • This log of records becomes a part of the student/s record.

Can a parent/guardian request that a student record be corrected or changed? Parents/guardians or majority age students have the right to ask to have records corrected and/or amended that they believe are inaccurate, misleading, or in violation of their privacy rights. See policy FL (legal), Student Records and FNG (legal), Student rights and responsibilities student and parent complaints/grievances .

STUDENTS WITH DISABILITIES INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT (IDEA-2004) SECTION 504 OF THE REHABILITATION ACT OF 1973 PROCEDURAL SAFEGUARDS

Rights and Safeguards for Students with Disabilities The IDEA and Section 504 protect students with disabilities (or suspected disabilities) between the ages of three (3) and twenty-one (21) years from discrimination, guarantee them a free appropriate public education (FAPE) in the least restrictive environment (LRE), and provide them with specific procedural safeguards.

Rights and Safeguards for Students with Disabilities FERPA and TISD records policies/guidelines apply to ALL students including those with disabilities. When releasing student records or other information to “third parties” (other than another PUBLIC school in which a student enrolls/seeks to enroll), it cannot be revealed that a student has a disability UNLESS the parent/guardian or majority age student specifically provides written authorization to release such information. Disputes involving special education records may be resolved through specific procedures and/or a hearing according to FERPA.

Rights and Safeguards for Students with Disabilities PRIOR WRITTEN NOTICE to parents/guardians or majority age students is REQUIRED before the district(s) initiates or changes the identification, evaluation, or educational placement of a student OR when the district(s) refuses to do so in response to a request. Written, voluntary, and informed CONSENT from the parent/guardian or majority age student is required before an evaluation is conducted or special education and related services are initially provided. A parent/guardian or majority age student may request an independent evaluation, file complaints, request mediation, appeal decisions/initiate due process and request “stay put” during such proceedings, and/or seek reimbursement of attorney fees.

Certificate of Assurance This is to certify that I, __________________ __________________ _________________ Print Name Job Title School/Department of the Tomball Independent School District, have read the required information pertaining to confidentiality and procedural safeguards. _____________________________________________ Signature Date Sign and date the certificate Return the signed and dated certificate to your administrator