Confidentiality in Wood County Schools NOTES FOR EMPLOYEES

Confidentiality in Wood County Schools American Heritage Dictionary defines confidentiality as: Containing information, the unauthorized disclosure of which poses a threat to security.

Confidentiality Public discussion of students, other teachers, or any other information covered by FERPA and IDEA, is a violation of policy as well as unprofessional and insubordinate behavior. Discussion about students in the faculty lounge is a break in confidentiality. Discussion about students with others in the public sector (such as restaurants) is illegal and a break in confidentiality. Discussion resulting in a break of confidentiality from SBAT meetings or other meetings involving student records is unprofessional and illegal. Recommending medical intervention without the proper license is an illegal act when confidentiality is stated in the wrong setting. (A wrong definition would be when a teacher recommendation based upon another students’ medication – medical records are confidential.) Discussion of any type regarding the achievement of individual students beyond the school setting.

Confidentiality Policies Reflecting Confidentiality IDEA – Individuals with Disabilities Education Act WV Policy 2419 – Regulations for Education of Exceptional Children Policy 2300 Anti-Harassment/Violence Policy 2350 – Bullying, Harassment and Intimidation WV Code: Technology and Confidentiality Policy 5125.4 – FERPA – Family Education Rights and Privacy Act. All Define Confidentiality Confidentiality is defined by law and by policy. It is defined best by FERPA for Wood County Schools. Policy 5125.4 – FERPA – Family Education Rights and Privacy Act. IDEA – Individuals with Disabilities Education Act WV Policy 2419 – Regulations for Education of Exceptional Children Policy 2300 Anti-Harassment/Violence Policy 2350 – Bullying, Harassment and Intimidation

Confidentiality WV Board of Education Policy 2419 Regulations for Education of Exceptional Children IDEA – Individuals with Disabilities Education Act p. 52 8.76 I. V. Responsibility of Public Agency p. 63 – 8.1.1.0 Mediation p. 84 – 10.18 Glossary of terms 8.76 I. It is the responsibility of each public agency to: 8.76 I. V. Collect, maintain and disclose personally identifiable student data in accordance with state and federal confidentiality requirements. 8.1.10 – H. Discussions that occur during the mediation process are confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings. The parties to the mediation process may be asked to sign a confidentiality pledge prior to the commencement of the mediation. 10.18 Glossary Confidentiality – the protection of all personally identifiable data, information and records collected or maintained by any agency or institution under the general supervision of the West Virginia Board of Education.

Confidentiality Policy 2300–Harassment and Violence p. 5 We will respect the confidentiality of those involved. The Wood County School District will respect the confidentiality of the complainant and the individuals against whom the complaint is filed as much as possible, consistent with the school district’s legal obligations and the necessity to investigate allegations of harassment and violence and take disciplinary action when the conduct has occurred.

Confidentiality is the basis for ensuring the filing of a complaint Confidentiality Policy 2350 – Bulling, Harassment and Intimidation p. 5 Confidentiality is the basis for ensuring the filing of a complaint Confidentially of the filing of complaints, identity of subjects and witnesses of any complaint, and any action taken as a result of the complaint are essential to the effectiveness of reporting. Only those needing information about the complaint should be given information about the complaint. Confidentiality of complainants, subjects, witnesses, and investigators shall be protected Confidentiality violations may be grounds themselves for disciplinary action.

§61-3C-10. Disclosure of computer security information. Confidentiality WV Code: § 61-3c-10 Technology and Use of Confidential Material WEST VIRGINIA CODE §61-3C-10. Disclosure of computer security information. Any person who knowingly, willfully and without authorization discloses a password, identifying code, personal identification number or other confidential information about a computer security system to another person shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in the county jail for not more than six months, or both.

Definitions of terms: Student Eligible Student Parent Confidentiality Policy 5125.4 Student Records Policies and Procedures pp. 2-3 Definitions of terms: Student Eligible Student Parent How is it defined? Student – any person who attends or has attended a program of instruction sponsored by the Wood County School District. Eligible Student- a student, or former student, who has reached age 18 or is attending a postsecondary school. Parent – either natural parent of a student (unless the district has been provided with evidence that the parent’s rights under the FERPA or the West Virginia Procedures have been removed by a legally binding document or court order); a guardian; or an individual acting as a parent or guardian in the absence of the student’s parent or guardian.

Confidentiality Policy 5125 Confidentiality Policy 5125.4 Student Records Policies and Procedures p. 3 Definitions of terms: Education records and exceptions Personally identifiable information Education records – any record (in handwriting, print, tape, film, or other medium) maintained by the Wood County School District, an employee of the district, or an agent of the district which is directly related to a student except: A personal record kept by school staff member which meets the following tests: a. It was made as a personal memory aid. b. It is in the personal possession of the individual who made it. c. Information contained in it has never been revealed or made available to any other person except the maker’s temporary substitute. 2. An employment record which is used only in relation to a student’s employment by the Wood County School District and which does not relate to the person as a student. 3. Alumni records which relate to the student after he or she no longer attends classes provided by the Wood County School District and which do not relates to the person as a student. 4. A record created, maintained, or used in the treatment of an eligible student by a physician, psychiatrist, psychologist, or other professional or paraprofessional, but only if the record has not been disclosed to anyone other than persons providing treatment or an appropriate professional of the student’s choice. (“Treatment” does not include activities which are part of the student’s remedial education or a program of instruction.) Personally identifiable information – any data or information that makes the subject of a record known. This includes the student’s name, the student’s parent’s or other family member’s name, the student’s address, the student’s social security number, a student number , a list of personal characteristics, or any other information which would make the student’s identity known or easily traceable. Look at comparison to Directory Information.

Confidentiality Policy 5125 Confidentiality Policy 5125.4 Student Records Policies and Procedures p. 4 Annual Notification: First three weeks of school list in newspaper or other circulation a copy of this policy Policy includes: statement of the right of a student’s parent or an eligible student to inspect and review the student’s educational records. A statement of the intent of Wood County schools to limit the disclosure of information except by prior written consent of the student’s parent, as directory information, or under certain limited circumstances as permitted by the FERPA procedures. A statement of the student’s parent to seek to correct parts of the education record which he believes to be inaccurate, misleading, or in violation of student rights. Right to a hearing if the school district does not change the record. Right to file complaint to the US Dept. of Education, and the WV State Superintendent of Schools if Wood County violated the procedures. The procedure that a student’s parent or an eligible student should follow to review and obtain copies of this policy, and the locations where copies may be reviewed and obtained.

A student’s parent or an eligible student has rights. Confidentiality Policy 5125.4 Student Records Policies and Procedures p. 4 A student’s parent or an eligible student has rights. The right to inspect and review student records The right to exercise a limited control over other people’s access to the student’s education records. The right to seek to correct the student’s education records, in a hearing if necessary. The right to report violation of FERPA to appropriate authorities. The right to be informed about rights which were established in FERPA and WV Procedures. Rights given to student at age 18.

Confidentiality Policy 5125 Confidentiality Policy 5125.4 Student Records Policies and Procedures p. 6 Procedure to inspect educational records. Location and Custodian of records Records custodian should find it easy to collect and copy records. School principal collects records. Student’s parent or eligible student must first submit to the student’s school principal a written request identifying specifically what records. The principal contacts the student’s parent to discuss how access will be arranged. The principal shall make the needed arrangements as promptly as possible. The procedure must be completed in 45 days or less from the time the request was made. School will provide copies of records. When a record reveals other students, the parents may not inspect those records. FERPA requires the school district to supply copies. Principal – permanent record file for students Achievement Tests – Coordinator of Student Services Special Ed records – Director of Special Ed. Medical Records – Coordinator of Health Services Inactive student records – Assistant Superintendent, Pupil/Personnel Services MIS Duplicates of above – Superintendent Occasional Records not mentioned above – School Principal

Records must be copied for parents and costs of copies can be charged Confidentiality Policy 5125.4 Student Records Policies and Procedures pp. 7-8 Records must be copied for parents and costs of copies can be charged Procedures to provide written request, to review or copy and fees are listed. pp. 7-8

Confidentiality Policy 5125 Confidentiality Policy 5125.4 Student Records Policies and Procedures p. 8 Directory Information: Personally identifiable information that shall be disclosed without prior written consent from parents. Student name Names of student’s parents Student’s address Student’s date of birth Student’s class designation (1st grade, second grade, etc) Student’s extra curricular participation Student’s achievement awards Student’s weight and height if a member of an athletic team Student’s photograph School or district attended before enrolled in Wood County Schools. Student or student’s parents have two weeks after notification to write to Superintendent all items they wish to be excluded as Directory Information.

Confidentiality Policy 2300 – Anti-Harassment/ Violence p. 5 Use of Student Records Employees needing access Reasons verified Employee, member, officer of Wood County Board of Education have access to carry out their responsibilities. Must be legitimate reason. Person under contract such as a Board Attorney Prior consent required from parents to release school records: -to another school district where child is to enroll -to federal and state officials for auditing -to those who provide financial aid -to those where information is required to be released by state law -to organization conducting studies to improve instruction -to accrediting organizations -to the parent of an eligible student if the parent claims the student as a dependent as defined by the current Internal Revenue Code. -to comply with a judicial order or subpoena -if the disclosure is directory information the parent/student has not refused to allow to be disclosed Wood County Schools permits its school officials to make a needed disclosure from records in a health or safety emergency. Wood County Schools may release information from a student’s record if the eligible student gives prior written consent for the disclosure. Parents can obtain copies of the disclosed records. Information shared to a third party cannot be released under FERPA regulations. Release of records requests must be kept.

Procedures are in effect for correcting student records Confidentiality Policy 5125.4 Student Records Policies and Procedures pp. 12-16 Procedures are in effect for correcting student records Student/parent has right to correct any misleading, inaccurate, or other information that violates student rights. The term “incorrect” means the record is inaccurate, misleading, or in violation of student rights. First Level Decision is by the custodian of the record who determines if information is incorrect as simply a matter of change. Second Level Decision – determined by keeper of record and communicated to the Superintendent Third Level – if Supt. decides record is correct, parent can request a hearing. Fourth Level – Hearing before the Board, a Hearing Examiner is appointed and within 7 days after the hearing officer’s recommendation is provided to the Supt. He/she may approve or disapprove at this level. Final Step: The questioned part by the state is maintained with the record as long as the school district maintains the student in school and where the statement will be part of the record.

Copies of this policy will be available for review at each location. Confidentiality Policy 5125.4 Student Records Policies and Procedures pp. 12-13 Copies of this policy will be available for review at each location. Review of this policy by parents, students and eligible students is in the principal’s office of each school building.