Formal Annual Confidentiality Training System Get the F.A.C.T.S.

What is confidentiality? Confidentiality is an ethical responsibility to respect an individual’s right to control personal information and access to it. Confidentiality is the obligation not to disclose private information without permission.

Everyone in education has a professional and legal responsibility to safeguard the confidentiality of information about students and their families.

What information is considered to be confidential? Confidential information includes private or " personally identifiable information " : the student's name names of the student's family members address Social Security Number any personal characteristics or other information that would make the student's identity easily traceable information regarding physical, mental, or emotional abuse information regarding family problems; substance abuse; criminal behavior; sexual activity; or suicidal thoughts or acts

Why is protecting confidentiality important? Protecting confidentiality is a constitutional right that is rooted in the 14th Amendment. We maintain confidentiality out of respect for the individual and the individual’s right to privacy. Protecting confidentiality ensures personal safety, safeguards against the disclosures that may cause discrimination, protects against prejudicial treatment by school personnel or peers.

Confidentiality builds trust. Ensuring confidentiality protection builds trust between students (and their families) and school professionals. This trust helps to promote participation in programs, such as mental health or Special Education programs that are designed to help students become more successful.

CIRCUMSTANCES THAT WARRANT PARTICULAR SENSITIVITY HIV status, mental health history, suicide information, substance abuse, criminal behavior, and/or sexual activity. Particular sensitivity is needed with regard to

CIRCUMSTANCES THAT WARRANT PARTICULAR SENSITIVITY family problems, child abuse, domestic violence, and/or immigration status. Particular sensitivity is needed with regard to

Another particularly sensitive topic is an individual’s Special Education history. This is carefully addressed under federal and state laws and regulations.

Who should be trained? All members of the school staff, including volunteers, are required to participate in confidentiality training each year.

MAKE RESPONSIBLE DECISIONS Information regarding the importance of confidentiality and proper maintenance of Special Education records is disseminated. This information is in your booklet and will be discussed today. School personnel are required to be aware of the law; therefore, the Family Educational Rights and Privacy Act, the Protection of Pupil Rights Amendment, and Special Education information is discussed.

FERPA THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT FERPA is the Family Educational Rights and Privacy Act. This is a federal law that protects the privacy of student education records. The law applies to all schools that receive federal funds.

"Parent" includes a natural parent, a guardian, or a person who is acting as a parent in the absence of a parent or a guardian. FERPA gives parents certain rights with respect to their children's education records. A school gives full rights to either parent, unless there is a legally binding document that revokes these rights. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students." "Parent" will also apply to adult "eligible students." WHO IS A PARENT?

"Disclosure" means the release of or access to private information contained in education records. Private or "personally identifiable information" includes such information as the student's name, address, or Social Security Number. Disclosure may be through oral, written, or electronic means. "Education records" are those school records that directly relate to a student. "Destruction" means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable. A “participating agency" is any institution that collects, maintains, or uses personally identifiable information.

What are the rights addressed in the Family Educational Rights and Privacy Act?

Parents and eligible students have the right to the following: To inspect and review the student's education records. To request that a school correct records that the parent believes to be inaccurate or misleading.

PERMISSION TO RELEASE INFORMATION Generally, schools must have written permission from the parent in order to release any information from a student's education record. FERPA allows schools to disclose those records without consent when there is a legitimate educational interest, and/or a student enrolls in another school. Records may also be released to auditors, evaluators, and/or authorities who are enforcing laws.

DIRECTORY INFORMATION Schools may release "directory" information without parental consent. Directory information includes information, such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. Schools must provide an opportunity for parents to request that the school not disclose directory information.

Schools notify parents each year of their rights as parents and their children’s rights. Schools provide to parents a summary of the policies and procedures. Schools must inform parents about their rights to inspect and review the student's education records, ask for amendment of the student's education records when the parent believes them to be inaccurate or misleading, and provide parental consent for disclosures of personally identifiable information from education records. The school must provide information for filing a complaint; the school official making the request; A statement setting forth the legitimate educational interest; contact information for requesting access of education records; the types of information sought, the methods used in gathering the information (including the sources from whom information is gathered), and the uses to be made of the information..

Before the disclosure of education records, schools are required to have a parent's signed and dated consent that states the purpose of the disclosure. Schools are required to maintain a record of each request, access, and disclosure of personally identifiable information from the records of each student. If a parent requests it, a list of the types and locations of education records collected, maintained, or used by the school must be provided to the parent.

Schools may disclose personally identifiable information in an emergency situation. When a parent requests access to records, the school must comply within 45 days. The school is also obligated to explain the records to the parent if asked to do so.

If the parent is unable to inspect records, the school is to provide the parent with a copy. The school may not destroy any education records if there is an outstanding request to inspect and review the records. The school must inform parents when personally identifiable information collected, maintained, or used is no longer needed to provided educational services to the child. The information must be destroyed at the request of the parents. However, a permanent record of a student’s name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitations. Although the school is not required to give an eligible student access to treatment records, the student may have those records reviewed by an appropriate professional of the student's choice.

If a parent asks to amend an record... the school may amend it within a reasonable time or inform the parent of the decision not to amend the parent is also informed of the right to request a hearing if a hearing is requested, the school must hold the hearing within a reasonable time, give the parent notice of the hearing, provide an impartial individual to conduct the hearing, and give the parent a full and fair opportunity to present evidence relevant to the issues

Disciplinary Action Schools have the right to involve law enforcement or conduct an investigation of incidents or conduct that constitutes or leads to a disciplinary action. This may occur with respect to an infraction or violation of the school rules of conduct or the law.

If a school or parent initiates legal action, the school may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the school to proceed with the legal action.

A school is not required to consider requests for amendment that seek to change a grade or disciplinary decision, seek to change the opinions or reflections of a school official or other person reflected in an education record, or seek to change a determination with respect to a child's status under Special Education programs.

THE PROTECTION OF PUPIL RIGHTS AMENDMENT The Protection of Pupil Rights Amendment (PPRA) protects the rights of parents and students

PPRA ensures that schools and contractors allow parents to inspect instructional materials and that written parental consent is obtained before minor students participate in surveys, the collection and use of information for marketing purposes, and certain physical exams concerning the following: political affiliations or beliefs of the student or student's parent; mental or psychological problems of the student or student's family; sexual behavior or attitudes; illegal, anti-social, self-incriminating, or demeaning behavior; critical appraisals of others with whom respondents have close family relationships; legally recognized privileged relationships, such as with lawyers, doctors, or ministers; religious practices, affiliations, or beliefs of the student or parents; or income.

Parents or students who believe their rights under PPRA may have been violated have the right to file a complaint.

CONFIDENTIALITY School personnel shall guard against sharing confidential information in halls, staff rooms, or other public places where other people can overhear. School personnel shall not leave reports, student service records, computer files, or log books where unauthorized people can have access to them. School personnel may consult with other professionals for purposes of more effectively helping the student. If there is doubt about the sharing of confidential information, school personnel should consult the school counselor or school administrator before making a decision.

Avoid gossip and chit-chat!

RECORD KEEPING School personnel are required to keep accurate and objective records. The failure to keep records is negligence. Personal records are kept by school personnel to document important information regarding students for use in consultation, referrals, case conferences, and court proceedings. Personal records are kept in secure locations. School personnel should record enough information to meet students’ needs and to document appropriate and professional actions. Notes should be written as soon as possible after an occurrence, and the original notes should never be changed. Any additions should be initialed, signed, and dated. School personnel are obligated to inform the student about the documentation and the possible need to report such information for legal or professional purposes. Records that may be required in court proceedings should be kept indefinitely, and information should not be released without a subpoena or a court order.

School personnel must respect student confidentiality. Give only the information to authorized personnel or agencies who are directly concerned with student welfare. There is no inherent right of a probation officer or the police to access confidential information without legitimate authorization.

When to report... School personnel who have reason to believe that a child is or might be in need of protection are required to report that information to the appropriate authorities. If the behavior of the student threatens potential harm to him/herself or another person, school personnel are required to take appropriate action to protect the student and/or the other person.

Custody School personnel are required to be aware of custody court orders and policies regarding the rights of non-custodial parents to information and access to a child. If non-custodial parents or other individuals involved with the student request information or access, school personnel should consult the school administrator. No information should be given without a documented request.

INDIVIDUALS WITH DISABILITIES EDUCATION ACT (2004) The Individuals with Disabilities Education Act (IDEA) is a federal law that provides for a free and appropriate public education in the least restrictive environment for all children experiencing disabilities. Children with disabilities and their parents (or adult students) are guaranteed certain rights under the 2004 Re-authorization of IDEA

Procedural Safeguards Parents are given the "Procedural Safeguards," which informs them of the rights under IDEA. It is important for all school personnel to know this information in order to better serve children with disabilities and their families.

Special Education Records Personnel who collect or use confidential information are to be trained with regard to the legal requirements involved in handling these records. Training documentation is kept in a secure location. The Special Education Administrator is responsible for ensuring the confidentiality of Special Education records. A listing of names and positions of persons who may have access to Special Education records is maintained.

It is generally required that parents give permission before their child is initially evaluated or placed in a Special Education program (including related services). In most cases, within 60 days of the school’s receipt of consent, the evaluation must be conducted. Before placement in a Special Education program, a full and individual evaluation must be conducted. The results of this evaluation are confidential and are divulged only to the parent and those persons who are directly involved with the child’s education. A reevaluation must be conducted every three years, or more frequently, if conditions warrant or if the child's parent or teacher requests an evaluation. Should a parent request an evaluation, there are provisions to allow an independent evaluation to be performed by non-district personnel at public expense. Written notice to the parent is also required before an evaluation or a change in the student’s program. Communication with parents and students is to be made in their native language.

Annual Meeting An annual meeting must be held to review the student’s Individual Education Plan (IEP). Parents must receive prior written notice of the meeting, or they may consent to waive the right to prior notice. The parents, along with the Special Education teacher, the regular education teacher, and a representative of the school, usually an administrator, form the basic IEP team.

Least Restrictive Environment Students receiving Special Education services are, to the maximum extent appropriate, to be educated with children who do not experience disabilities. Removal from the regular educational environment should occur only when the student is not progressing and needs such instruction, services, and aids that cannot be provided in the regular education classroom. Generally, the child is educated in the school that he or she would attend if not experiencing a disability.

Special Education Records The records of students receiving Special Education services are secured, with the exception of certain individuals; no one may view educational records unless parents give their written permission. Parents have the right to view their child’s records. Parents are to be provided with copies of Special Education evaluations and the student’s Individual Education Plan. When the student’s records are no longer needed by the district, the information should be destroyed. However, the district is required to notify or attempt to notify the parent and offer a copy of the record to be destroyed.

Right of Refusal Parents have the right to refuse Special Education services for their child. A parent who believes that information in their child's records is inaccurate, misleading, or violates the privacy or other rights of the child may request that the district amend the information. If at any point during identification, evaluation, or placement parents do not agree with the educational decisions made concerning their child, they have the right to request a hearing. The right to appeal the findings and decisions of the hearing is also ensured.

Remember... The necessity for confidentiality is paramount. Always try to act in the best interest of students when making decisions to divulge confidential information. Keep your administrator informed. Know the law. Understand that you are accountable for decisions regarding students. Most importantly, act professionally.