1. Confidentiality A Training Without the Video

2. Laws FERPA (1976) or the Buckley Amendment (1994) IDEA (1991) KY Safe Schools (1998)

3. Importance May withhold federal funds Parents may file civil action against district. Right thing to do.

4. Definitions Confidentiality means protecting all personally identifiable data, information, records Discussion of a student and his/her records with anyone who does not have a vested interest in a child’s education.

5. Disclosure Permitting access to, the release, transfer, and other communication of education records of a child. This includes disclosure made orally, in writing, or electronically.

6. Records Documents directly relating to a child including personal / family data, evaluation, medical / psychological / progress reports Written accounts of conferences Per Safe Schools Act, discipline records are part of educational records.

7. Eligible Student Student 18 years of age

8. Personally Identifiable Name / Address Parent Information Social Security number Personal Traits

9. Notice Public notice once per year Published in newspaper Made available in other languages

10. Access Rights Parents have right to review and inspect records of eligible students. Both parents have access. A parent may only be prohibited from inspecting records through a court order. Custody doesn’t have anything to do with record access. Parents may request an explanation or authorize someone to represent the parent.

11. Parental Access Access must be given within 45 days of request. Translation must be provided for ESL parents. Free copy of records for first copy. Test protocol revealed to others may also be accessed.

12. Record of Access Each folder must have a record of access with the name of person who accessed, date of access, and purpose of access. All individuals must sign access except parents, eligible youth, and employees. List of employees and title of employees granted access must be kept on file at the school. If information is given on records of more than one students, the information about other student must be protected.

13. Amendment Parents may request records be amended. LEA shall decide to amend in accordance with request within 14 days of time of receipt of request and notify parents of decision. If LEA doesn’t amend, within 7 calendar days of decision, LEA must provide a written explanation. Parent may request an amendment hearing Hearing decision to amend, parents are notified and records amended. If hearing decision is not, parents notified, and made aware of rights to provide a statement disagreeing with decision.

14. Consent LEA must have parent consent to disclose records. Parent consent not necessary for directory information. Consent must have parent signature. Parent refuses to give consent of disclosure, LEA has right to go to due process for release of records.

15. Directory Information Directory information may be released with out parental consent unless the parent provides the LEA with directions not to release information. Emergency situation allows for release of personally identifiable information.

16. Safeguards LEA ensures confidentiality at all stages of dealing with records Yearly training with confidentiality Policies and Procedures Secure Computer Files Confidential Faxes Does not use personally identifiable info when training or involved in PD.

17. Records Retention Disposal of SPECIAL ED records must be handled on a schedule consistent with LEA and state. Parents must be informed when records are no longer needed. If a parent request destruction, only records no longer needed are destroyed. Most records are retained for 5 years.

18. Rights One year prior to child’s 18 th birthday, LEA provides parent information that rights transfer to the child unless court order prevents such transfer. Youth must consent to parents receiving of records if the parent can provide proof that income taxes are still being paid on the child.

19. Juvenile Court Records Principal handles all juvenile court records. Discipline records ARE school educational records and should be included in cumulative folder.

20. Scenarios Can records be sent between parties if all parties are acquainted?

21. Scenarios Can records be forwarded without parent permission?

22. Scenarios Can family members other than parents obtain student records?

23. Scenarios Who has the right to give written permission to evaluate a child for special education testing?

24. Scenarios Can a school allow access of records to a divorced parent?

25. Scenarios Can a divorced parent request to bar access to records?

26. Scenarios What info can a teacher release about a new student in a class to another parent or teacher in a local setting?