1. Confidentiality and Public Information Act LISD Special Education Department Training SY 2012-2013

2. Goals of training Know the basic laws regarding confidentiality and public information Understand the basic confidentiality and public information requirements Demonstrate awareness of confidentiality and public information practices

3. Legal Basis FERPA Passed in ’74, amended 9 times with the most recent on 12-9-08 Also known as “The Buckley Amendment” Applies to all schools that receive federal monies IDEA Passed in ’75 Reauthorized last in ’04 (As IDEIA) Applies to all schools that receive federal monies Public Information Act – formerly known as the Open Records Act – located in chapter 552 of the Government Code.

4. HIPAA OCR has clarified the relationship of FERPA, IDEA, and HIPAA. HIPAA excludes those education records covered by FERPA, including those records under Parts B, C, and D of the IDEA. Example: Individually identifiable health information, of students under the age of 18, created by a nurse in a primary or secondary school that receives federal funds and that is subject to FERPA is an education record, but not protected health information.

5. HIPAA Federally mandated privacy protection of personal health information. Access to individual health information is forbidden without proper releases Access within the organization is restricted to those persons who have had confidentiality training and who have legitimate ‘need to know’.

6. Educational Records Those records, files, documents and other materials which contain information directly related to a student and are maintained by LISD, or by a person acting for LISD. Sole Possession records can also be considered educational records according to federal law if they are maintained by an institution. The Texas Attorney General has ruled that personal does not mean private and that personal notes are not necessarily excluded. Since Texas has a higher standard all records are educational records. That means a parent has access to all records (including sole possession). Examples of records subject to disclosure: test scores, attendance records, counseling records (intervention records), email or anything that contains “information directly related to the student.”

7. Directory Information Information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed Authority - (20 USC 1232g)(a)(5)(A))

8. Directory Information Student’s name Student’s address Student’s telephone number Student’s date and place of birth Student’s major field of study Participation in officially recognized sports and activities Student’s weight, height if member of athletic team Dates of attendance Degree, awards received Most recent or previous education 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 opportunity to refuse release Parents are given a reasonable time-frame for response to notice

10. Annual Written Notification of Rights Effectively informs parents of Procedural safeguards Student handbook Annual notice Public notice-directory information In primary language For all eligible students 18 years of age Attends post-secondary institution Marries (regardless of age in Texas Severity of handicapped

11. Right to Inspect and Review Records Within a reasonable period of time after written request Right to have representative review records Right to response to requests for explanation and interpretation of records Right to inspect only information related to own child if they are requesting student specific info Rights extend to both parents unless otherwise indicated by law Right to obtain copies of records No right to copies of protocols (may view them with Diag present)

12. 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

13. Amendment of Records If agency decides to amend – notify parent in writing If agency refuses to amend – notify parent of refusal and inform parent of right to a hearing Results of hearing: Records can be amended – parent notified in writing Records not amended – parent informed to place statement in file Any parent explanation of disagreement with records must be maintained with records and be disclosed with the record.

14. Consent for Disclosure Annual written notification of right to consent to disclosure Written consent signed and dated including specification of records disclosed, purpose of disclosure, and 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 Disclosure within agency with legitimate education interest Transfer records Directory information Audit purposes Subpoenas or court order Related to disciplinary actions Financial aid 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. Right to file a complaint Annual written notification of rights Address of U.S. Department of Education

18. SAFEGUARDS Confidentiality is protected at 4 stages: –Collection –Storage –Disclosure –Destruction One official assumes responsibility All personnel receive training Agency maintains list, for public inspection, of persons (names and positions) within agency who have access to personally identifiable information

19. Destruction of Information Records are not destroyed if there is an outstanding inspection request Parents are informed when information no longer needed Information no longer needed may be destroyed at parents’ request Permanent record maintained – LISD maintains a DVD of all student records even after the paper copy is destroyed

20. Computer Confidentiality Close reports and SEAS before leaving computer unattended Never give out your password(s) Use only the most basic info when sending e-mail (student name may be used since emails are subject to records request – initials recommended) MDT “working” reports should be completed in ARM

21. Email and Internet Use Email and listing of internet sites visited on a district computer are subject to Public Information Act disclosure. –Do not forward or respond to any email that is inappropriate or not directly related to school business –Do not use district computers for personal email –Do not visit or attempt to visit any site that is not job related Since all data is now archived by the technology department it will be provided and considered for disclosure under Public Information Act if a request is made

22. Confidentiality in practice Awareness of confidentiality laws and requirements Complying with procedures regarding written educational records Being sensitive to violations of confidentiality in verbal exchanges with others (e.g., lounge, Wal- Mart, etc.)

23. Confidentiality may be violated When staff discuss a child in inappropriate places or situations When staff repeat gossip or rumors about a child or his family

24. Confidentiality in practice who what where why Self-fulfilling prophecy