Confidentiality Clue Board Game Edition Roy Mays August 1, 2012

The Six Suspects Principal Private Connie Fidential Mr. Secret Miss ClassifiedCoach Conceal Mrs. Nondisclosure

The Six Crimes Gave information to a stepparent without getting written consent from a parent Talked about a student to another school employee who does not have a legitimate educational interest in that child Talked about a student in a restaurant Told his/her spouse how horrible a student’s behavior is Put information about a student on Facebook Was in a meeting and talked about another student instead of the one the meeting was on

The Nine Locations Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Principal Private Connie Fidential Mr. Secret Miss Classified Coach Conceal Mrs. Nondisclosure Front Office Computer Lab Teachers’ Lounge Library Cafeteria Gym Classroom 1 Classroom 2 Classroom 3 Stepparent L. E. I. Restaurant Spouse Facebook Meeting

It wasn’t or Principal Private. At the time of the crime, Principal Private was reviewing FERPA, the Family Educational Rights and Privacy Act. FERPA is a federal law that anyone working in a public school setting must follow. FERPA allows parents and adult students to have access to educational records, and it protects the privacy of those records.

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Mr. Secret Miss Classified Coach Conceal Mrs. Nondisclosure Front Office Computer Lab Teachers’ Lounge Library Cafeteria Gym Classroom 1 Classroom 2 Classroom 3 Stepparent L. E. I. Restaurant Spouse Facebook Meeting

It wasn’t the Front Office. At the time of the crime, a parent was in the front office receiving a copy of a report card. Parents (birth parents, foster parents, and surrogate parents) have access to any information that a school has on their child. This is true as long as their parental right have not been terminated. This is true even if they don’t have custody. Front Office

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Mr. Secret Miss Classified Coach Conceal Mrs. Nondisclosure Computer Lab Teachers’ Lounge Library Cafeteria Gym Classroom 1 Classroom 2 Classroom 3 Stepparent L. E. I. Restaurant Spouse Facebook Meeting

It wasn’t “Gave information to a stepparent without getting written consent from a parent.” or the cafeteria. All staff are aware that stepparents do not have access to information about students unless a parent maintaining rights signs written consent. Before releasing information, be sure that the person is a parent or that you have permission to talk with a stepparent.

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Mr. Secret Miss Classified Coach Conceal Mrs. Nondisclosure Computer Lab Teachers’ Lounge Library Cafeteria Gym Classroom 1 Classroom 2 Classroom 3 L. E. I. Restaurant Spouse Facebook Meeting

It wasn’t or Miss Classified. At the time of the crime, Miss Classified was talking with an 18-year old senior about his grades. Eighteen year-old students have access to any information that a school has on them. They also decide who else can and cannot have access to it.

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Mr. Secret Coach Conceal Mrs. Nondisclosure Computer Lab Teachers’ Lounge Library Cafeteria Gym Classroom 1 Classroom 2 Classroom 3 L. E. I. Restaurant Spouse Facebook Meeting

It wasn’t Coach Conceal. At the time of the crime, Coach Conceal was sending a picture of the ball team to the local paper. He can do this because it is “directory information.” Directory information includes students’ names, birthdays, etc. It also includes club and team memberships and honors and awards. Directory information can be released without getting written consent, but parents should be notified, and if they opt not to have the information released, do not release it.

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Mr. Secret Mrs. Nondisclosure Computer Lab Teachers’ Lounge Library Cafeteria Gym Classroom 1 Classroom 2 Classroom 3 L. E. I. Restaurant Spouse Facebook Meeting

It wasn’t Talked about a student to another school employee who does not have a legitimate educational interest in that child. All staff at the school know not to do this. Unless you have consent from the parent/adult student, information cannot be shared in the school or out of the school who does not have a “legitimate educational interest.” Information should be shared only with those who are currently involved in the student’s education. (A first grade teacher would not have a legitimate educational interest in a fifth grade student.)

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Mr. Secret Mrs. Nondisclosure Computer Lab Teachers’ Lounge Library Cafeteria Gym Classroom 1 Classroom 2 Classroom 3 Restaurant Spouse Facebook Meeting

It wasn’t the teachers’ lounge. At the time of the crime, a teacher was in the teachers’ lounge faxing records on a child who had moved to another school. If a student moves, you do not need permission to send records. Discipline records are considered part of the students’ educational records and should be sent as well. Teachers’ Lounge

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Mr. Secret Mrs. Nondisclosure Computer Lab Library Cafeteria Gym Classroom 1 Classroom 2 Classroom 3 Restaurant Spouse Facebook Meeting

It wasn’t Mrs. Nondisclosure. At the time of the crime, she was ing The guidance counselor about a concern she had regarding one of her students. Like all the staff, she is cautious of ensuring confidentiality when using technology. Before sending an , make sure you have the right person in the address box. When faxing information, have the recipient be by the fax machine and contact the person to make sure it was received.

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Mr. Secret Computer Lab Library Cafeteria Gym Classroom 1 Classroom 2 Classroom 3 Restaurant Spouse Facebook Meeting

It wasn’t Classroom 2. At the time of the crime, a special education teacher was in Classroom 2 writing an IEP (individual education plan). IDEA (Individuals with Disabilities Education Act) protects the confidentiality of students with disabilities. Extra care should be taken to protect the confidentiality of students who receive special education services. Don’t reveal anything in a student’s IEP unless you have signed consent or the person has a legitimate educational interest. Don’t reveal that a student receives special education services or that he or she has a disability to those who do not need to know it. Classroom 2

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Mr. Secret Computer Lab Library Cafeteria Gym Classroom 1 Classroom 3 Restaurant Spouse Facebook Meeting

It wasn’t Was in a meeting and talked about another student instead of the one the meeting was on. All staff are aware that when a meeting they are to discuss only the student on whom they are meeting. If a parent asks about another student, politely inform them that you cannot discuss it. Information discussed during a meeting should not be shared with others outside the meeting, unless there is consent or a legitimate educational interest.

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Mr. Secret Computer Lab Library Cafeteria Gym Classroom 1 Classroom 3 Restaurant Spouse Facebook

It wasn’t the library. At the time of the crime, a military recruiter was in the library talking with students. By law, public schools must work with military recruiters and provide them names, addresses, phone numbers of students if requested. Library

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Mr. Secret Computer Lab Cafeteria Gym Classroom 1 Classroom 3 Restaurant Spouse Facebook

It wasn’t Mr. Secret. At the time of the crime, Mr. Secret was reviewing the law regarding emergency situations. In emergency situations, permission is not required for school employees to share information with police and other emergency responders. Information must be shared if it is needed to try to protect anyone from being harmed. However, release only the information needed to address the situation.

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Computer Lab Cafeteria Gym Classroom 1 Classroom 3 Restaurant Spouse Facebook

It wasn’t Classroom 3. At the time of the crime, a judge was a guest speaker in Classroom 3. For legal proceedings, information can be released only if you have parental permission or if a judge has signed a court order. Release only the information specified in the court order. Classroom 3

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Computer Lab Cafeteria Gym Classroom 1 Restaurant Spouse Facebook

It wasn’t the cafeteria. At the time of the crime, a doctor was discussing nutrition with the cafeteria staff. Obtain signed consent before releasing information about a student to a doctor or other medical professional. In emergency situations, information can be released without consent if the information is needed to treat the student. Cafeteria

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Computer Lab Gym Classroom 1 Restaurant Spouse Facebook

It wasn’t Told his/her spouse how horrible a student’s behavior is. The staff is aware that they are not to discuss students, their grades, their behavior, or anything else about them with others in their personal lives. Do not talk with family or friends about students, unless they have a legitimate educational interest.

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Computer Lab Gym Classroom 1 Restaurant Facebook

It wasn’t Talked about a student in a restaurant. The staff is aware that they are not to discuss students with anyone in public places, such as a store, restaurant, or church. You never know who might overhear you. Even if you don’t say the student’s name, someone might still figure out who you are talking about. If a parent wants to talk to you in a public place, if at all possible, find a private place or ask the parent to call you or see you at school.

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Computer Lab Gym Classroom 1 Facebook

It wasn’t the gym. At the time of the crime, the Physical Education student teacher was in the gym being observed by his college professor. If you are taking a college class that requires a case study or requires you to turn in work samples of a student, make sure to mark out the student’s name and all other identifying information before turning it in. Gym

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Computer Lab Classroom 1 Facebook

It wasn’t Classroom 1. At the time of the crime, the teacher in Classroom 1 was posting students’ work on a bulletin board. When posting work samples, be mindful of student confidentiality. If possible, avoid posting samples that match names to grades. If posting examples of distinguished work, omit names. If possible, post the work of all students. Classroom 1

Who Broke Confidentiality? Gym Library Cafeteria Front OfficeComputer Lab Teachers’ Lounge Classroom 3 Classroom 2 Classroom 1 Connie Fidential Computer Lab Facebook

It was Connie Fidential! She put information about a student on Facebook! She did it in the computer lab! Be very careful of what you post on the Internet, both as part of the school’s webpage and your own personal webpage (including Facebook). Post information about students only if you have consent from the parent or adult student to do so. Computer Lab

Post positive information about students. e.g. “Go Generals!” “Congratulations to the archery team!” “My students have worked so hard this year!” Don’t post pictures of students on the Internet if you don’t have permission. Never post anything negative. e.g. “These are the worst students I’ve ever had.” Continuing with posting on the Internet (because this is important)

Avoid posting anything at all about school that’s not positive. e.g. “I’m so glad there’s no school tomorrow.” Don’t post negative things about co-workers, supervisors, or anyone else in the school system. Don’t “friend” students on Facebook! Continuing with posting on the Internet (I said this is important.)

Confidentiality isn’t a game. You could be fired if you reveal something you shouldn’t have to someone you shouldn’t have. Even though I have fun with the trainings, it’s a serious issue. It’s the law. Violating confidentiality laws can result in losing your certification and thus your employment. Furthermore, you can be sued and be held personally liable.

Have a great year! If you have any questions, me or give me a call.