1 CONFIDENTIALITY

2 Requirement Under IDEA 34 CFR Sec (c) All staff collecting or using personally identifiable information in public education institutions must receive training on confidentiality requirements.

3 CONFIDENTIALITY WORKSHOP GOALS 1.Participants will know the two basic confidentiality laws. 2.Participants will understand the basic confidentiality requirements specified in law. 3.Participants will demonstrate awareness of confidentiality practices.

4 LEGAL BASIS FOR CONFIDENTIALITY FAMILY EDUCATION RIGHTS AND PRIVACY ACT (FERPA) Passed in 1974, amended 1996 Applies to all schools that receive money from the U.S. Department of Education Also called “Buckley Amendment”

5 LEGAL BASIS FOR CONFIDENTIALITY INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) Passed 1975, reauthorized 1997 Applies to all schools that receive money to serve students with disabilities Formerly Education of the Handicapped Act-Part B (EHA-B)

6 PERSONALLY IDENTIFIABLE INFORMATION Any data or information that includes: Name of the student, student’s parents or other family member Address of the student Any personal identifier (i.e. social security number) A list of personal characteristics that would make it possible to identify the student Any other information which would make the student’s identity easily traceable

7 DEFINITION OF EDUCATION RECORDS Those records, files, documents and other materials which contain information directly related to a student are maintained by an educational agency or institution, or by a person acting for such an agency or institution Education records not covered in this section include records of instructional, supervisory and administrative personnel which are in the sole possession of the maker and are not revealed or accessible to any other person IF REQUESTED, PARENTS MUST BE GIVEN LISTS AND LOCATIONS OF EDUCATION RECORDS.

8 DIRECTORY INFORMATION 1.student’s name 2.student’s address 3.student’s telephone number 4.student’s date and place of birth 5.student’s major field of study 6.participation in officially recognized sports and activities 7.student’s weight, height if member of athletic team 8.dates of attendance 9.degree, awards received 10.most recent previous educational institution or agency attended

9 DIRECTORY INFORMATION MAY BE DISCLOSED IF:  PARENTS ANNUALLY GIVEN PUBLIC NOTICE OF THE TYPES OF INFORMATION DESIGNATED AS DIRECTORY INFORMATION AND  GIVEN THE OPPORTUNITY TO REFUSE  REASONABLE TIME-FRAME FOR PARENT RESPONSE

10 ANNUAL WRITTEN NOTIFICATION OF RIGHTS EFFECTIVELY INFORMS PARENTS OF STUDENTS WITH DISABILITIES -PROCEDURAL SAFEGUARDS -STUDENT HANDBOOK -ANNUAL NOTICE -PUBLIC NOTICE-DIRECTORY INFORMATION IN PRIMARY LANGUAGE FOR ELIGIBLE STUDENTS -18 YEARS OF AGE -ATTENDS POST-SECONDARY INSTITUTION -STUDENT MARRIES, REGARDLESS OF AGE (IN TEXAS) -SEVERITY OF HANDICAP CONSIDERED (IDEA)

11 RIGHT TO INSPECT AND REVIEW RECORDS  RIGHT TO REVIEW RECORDS WITHIN A REASONABLE PERIOD OF TIME OF WRITTEN REQUEST  RIGHT TO HAVE REPRESENTATIVE REVIEW RECORDS  RIGHT TO A RESPONSE TO REQUESTS FOR EXPLANATION AND INTERPRETATION OF RECORDS  RIGHT TO INSPECT ONLY INFORMATION RELATED TO OWN CHILD  RIGHTS EXTEND TO BOTH PARENTS UNLESS OTHERWISE INDICATED BY LAW  RIGHT TO OBTAIN COPIES OF RECORDS

12 SOLE POSSESSION RECORDS SOURCE: FERPA EDITORIAL NOTE; SOLE POSSESSION RECORDS SOLE POSSESSION RECORDS ARE EXEMPT FROM PARENT ACCESS, CHALLENGE AND CONTROL IF THEY MEET THE FOLLOWING TEST: 1.MUST BE PRIVATE NOTE CREATED SOLELY BY THE INDIVIDUAL POSSESSING IT AND/OR 2.MUST BE A PERSONAL MEMORY AID AND/OR 3.INFORMATION IN THE NOTE MUST NOT BE ACCESSIBLE OR REVEALED TO ANY OTHER PERSON (EXCEPT POSSESSOR’S SUBSTITUTE)

13 AMENDMENT OF RECORDS ANNUAL NOTIFICATION OF RIGHT TO REQUEST AMENDMENT OF RECORDS RIGHT TO REQUEST AMENDMENT OF RECORDS IF INFORMATION IS INACCURATE, MISLEADING OR IN VIOLATION OF PRIVACY RIGHTS IF AGENCY DECIDES TO AMEND --Notify parent in writing IF AGENCY REFUSES TO AMEND --Notify parent of refusal --Inform parent of right to a hearing RESULTS OF HEARING --Records amended; parent notified in writing --Records not amended; parent informed to place statement in education file ANY PARENT EXPLANATION OF DISAGREEMENT WITH RECORDS MUST --Be maintained with records --Be disclosed with the record

14 CONSENT FOR DISCLOSURES ANNUAL WRITTEN NOTIFICATION OF RIGHT TO CONSENT TO DISCLOSURES WRITTEN CONSENT SIGNED AND DATED, INCLUDING… SPECIFICATION OF RECORDS DISCLOSED PURPOSE OF DISCLOSURE PARTIES TO WHOM DISCLOSURE IS MADE COPY OF DISCLOSED RECORDS PROVIDED TO PARENT ON REQUEST THIRD PARTY DISCLOSURE PROHIBITED WITHOUT WRITTEN CONSENT OF PARENT

15 CONDITIONS WHERE PRIOR CONSENT NOT REQUIRED 1.Disclosure within agency with legitimate education interest 2.Transfer of records 3.Directory information 4.Audit purposes 5.Subpoenas or court orders 6.Related to disciplinary actions 7.Financial aid 8.Health and safety emergencies

16 RECORD OF ACCESS AGENCY MAINTAINS RECORD WHICH INDICATES Name of party having access Date access given Purpose MAINTAINED AS LONG AS STUDENT RECORD MAINTAINED RECORD MAY BE INSPECTED BY Parents School Officials Auditors

17 SAFEGUARDS CONFIDENTIALITY PROTECTED AT FOUR STAGES COLLECTION STORAGE DISCLOSURE DESTRUCTION ONE OFFICIAL ASSUMES RESPONSIBILITY ALL PERSONNEL RECEIVE TRAINING AGENCY MAINTAINS LIST, FOR PUBLIC INSPECTION, OR PERSONS (NAMES AND POSITIONS) WITHIN AGENCY WHO HAVE ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION

18 DESTRUCTION OF INFORMATION  RECORDS ARE NOT DESTROYED IF THERE IS AN OUTSTANDING INSPECTION REQUEST  PARENTS INFORMED WHEN INFORMATION NO LONGER NEEDED  INFORMATION NO LONGER NEEDED DESTROYED AT PARENTS’ REQUEST  PERMANENT RECORD MAINTAINED

19 CONFIDENTIALITY IN PRACTICE MEANS  AWARENESS OF CONFIDENTIALITY LAWS AND REQUIREMENTS  COMPLYING WITH PROCEDURES REGARDING WRITTEN EDUCATIONAL RECORDS  BEING SENSITIVE TO VIOLATIONS OF CONFIDENTIALITY IN VERBAL EXCHANGES WITH OTHERS

20 HAVE YOU HEARD? CONFIDENTIALITY MAY BE VIOLATED WHEN STAFF DISCUSS A CHILD IN INAPPROPRIATE PLACES OR SITUATIONS OR WHEN STAFF REPEAT GOSSIP OR RUMORS ABOUT A CHILD OR HIS FAMILY

21 CONFIDENTIALITY IN PRACTICE Gossip vs Professionalism A Self-fulfilling Prophecy