Annual Training

Annual Training

Child AbuseSexual HarassmentWork Related InjuriesCalling InHIPPA & FERPA

You are mandated reporters for Child AbuseYou are mandated reporters for Child Abuse

Any person who has reason to suspect that a child is abused or neglected may report.

Formerly, child abuse was reported if committed by a perpetrator – a perpetrator is defined as a child’s parent, a person responsible for the welfare of a child, an individual residing in the same house as the child, or a paramour

of the child’s parent.

Oral reports should be made to Child Line (800)-932-0313 and followed up with a written report. Reporters are not

required to identify themselves or to identify the environment through which the reportable situation was

obtained.

Child Abuse

As a child’s teacher, you are not immune to be reported for Child Abuse!

Can be based on your Actions, Words, or Deeds, whether intentional or not or misinterpreted.

Sexual Harassment

What are the different types of sexual harassment?

> Quid Pro Quo - something for something A form of sexual harassment typically only

supervisors, those with supervisory authority, or teachers/instructors can engage in

Requires an individual to choose between submission or a negative consequence for failure to submit

The focus is on the employer’s or teacher’s/instructor's actions, not the actions of the victim

Sexual Harassment

What are the different types of sexual harassment?> Hostile Work/Educational Environment -

unreasonable interference, intimidation, abuse Typically repetitive rather than a single episode Verbal - sexual comments about appearance,

innuendoes, off-color jokes, vulgar or explicit language or questions

Non-Verbal - unsolicited or inappropriate gifts of a sexual nature, suggestive notes, nude or suggestive photos or materials, staring, e-mail

Physical - touching, rubbing or brushing in a sexual manner, uninvited massages, uninvited hugging or kissing

Sexual Harassment

The following checklist can be used to examine behavior

Does this behavior contribute to achieving our goals? Could this behavior hurt my colleagues or students? Could this behavior be sending out signals that invite harassing behavior

on the part of others? Would you say it in front of your spouse, parent, or child? Would you say it if you were going to be quoted on the front page of the

Daily Review? Would you say/act the same way to a member of your same gender? Why does it need to be said at all? What business is it furthering?

What would a reasonable person think of my behavior?

Work-Related Injuries

If you are injured at work, regardless of whether you visit the doctor or Emergency Room you need to complete the “Accident Report Form” which can be found on the district website

If the injury does not require emergency treatment, you must visit one of the doctors on the Physician Panel

Another Reminder

When calling in…

HIPPA-FERPA Training

DO YOUDO YOU

LIKELIKE

LIVING DANGEROUSLY?LIVING DANGEROUSLY?

Do You Like Living on the Edge?



Do You Like to Gamble with Your Career?

Do You Like to Gamble with Your Career?

HIPPA-FERPA

If the Answer to this Question is

YES(intentionally or not)

Instead of This Office

It may be this one !

Employment Office

HIPPA & FERPA

Why all the fuss?

Pennsylvania’s Code of Professional Practice and Conduct for Educators

Professional Practices (Section 4) states:

“Professional educators shall keep in confidence information obtained in the course of professional service unless required to be disclosed by law and compelling professional necessity”

Schools must ensure privacy by annual training on HIPPA & FERPA

HIPPA

Health Insurance Portability and Accountability Act (HIPPA)

HIPPA sets a Federal Standard which requires that reasonable measures be taken to protect the privacy of patients’ protected health information

FERPA

Family Educational Rights and Privacy Act (FERPA) :

Protects the privacy of student records

The law applies to all schools that receive federal funds from the U.S. Department of Education

Why does that matter to me?

HIPPA-FERPA Violations

1. Violations have serious repercussions.2. A school district found to have violated HIPPA-

FERPA will be required to implement a plan of action to ensure compliance, and schools that do not comply, risk losing federal education dollars.

3. Additionally, families can file lawsuits against districts for HIPPA-FERPA violations.

4. As an educator you run the risk of losing your teaching certificate for unethical behavior. Regardless of incident was intentional or unintentional.

What are Educational Records?What are Educational Records?

Educational records are defined as all records that schools maintain about students. Educational records can include a wide range of information that schools keep to document student progress, educational needs, health, and general information.

What are Educational Records?What are Educational Records?

Some examples:

- May include formal and informal assessments,- performance levels and progress,- program goals and objectives,- behavioral interventions- medical information

Educational RecordsEducational Records

FERPA also gives parents, guardians, and eligible students the right to inspect and review records maintained by the school, and also allows parents/guardians to request that schools correct information that they believe is misleading. Finally, schools must get written permission from the parents in order to release information from the educational record to a third party (anyone outside of the district).

Educational RecordsEducational Records

•Schools may use their discretion over who has access to these records•Speech, OT, PT and counseling are considered part of the educational record and thus are covered by FERPA•SAP records are protected by the Federal regulations regarding drug and alcohol treatment programs and may not be released

Personal NotesPersonal Notes

Personal notes made by teachers or other staff members are not considered education records if they are:

•Kept in the sole possession of the maker•Not accessible or revealed to any other person except a

substitute•Used only for a memory aid

E-mailsE-mails

E-mails can be considered part of the educational record.

Remember:1. Ask yourself, do I really need to email

this.2. Refer to student by first name or initials.3. Don’t put anything in an email that you

wouldn’t want to appear on the front page of the Daily Review.

Directory InformationDirectory Information

This information is the portion of the education record that, if disclosed, would not generally be considered harmful or an invasion of privacy. It includes personal information about a student that can be made public according to a schools records policy.


* Name, Address, Phone Number* Date of birth* Major field of study* Participation in officially recognized activities and sports* Weight and height of members of athletic teams* Dates of attendance* Degrees and awards received* Photographs of students (for year books or press

releases)


School districts must notify families annually of their FERPA rights, and families may request, in writing, that any or all of this information not be released without prior consent. If a family makes such a request, it will remain in force until the parent notifies the district otherwise.

Strictly Confidential InformationStrictly Confidential Information

It is illegal and a violation of HIPAA-FERPA to disclose this information to someone outside the district without the express written consent of the parent:

* A diagnosed learning disability* Current or previous status as a ‘special education’ student* Any diagnosed mental or physical disability* Any diagnosed medical condition* Use of prescription medications* History of drug/alcohol abuse or treatment* HIV or AIDS status* Official transcripts

Strictly Confidential InformationStrictly Confidential Information

These records should be kept separate from routine student information and in locked file cabinets. These files should also be clearly marked as confidential. Additionally, this information should not be shared with other district staff or administrators unless there is a true ‘need to know’ for the safety or education of the student.

Disclosure of Student Information & Disclosure of Student Information & Access to RecordsAccess to Records

Generally, schools must have written parent permission to release any information from a student’s educational record (except directory information).

Disclosure of Student Information & Disclosure of Student Information & Access to RecordsAccess to Records

However, FERPA allows disclosure without consent under the following conditions:* To school officials with a legitimate educational interest if they need

to review a record to fulfill their professional responsibilities* To school administration if a student is transferring or enrolling in

another school or post-secondary institution* To state and local education officials to conduct audits or to review

records in compliance with federal laws* To accrediting organizations* To respond to subpoenas or court orders* To state and local juvenile justice authorities* For health and safety emergencies

Confidentiality and PrivacyConfidentiality and Privacy

-“Confidentiality” is a person’s obligation to not disclose or transmit information to unauthorized parties.

-“Privacy” is a uniquely personal right that reflects an individual’s freedom from intrusion.

HIPPA-FERPA TrainingHIPPA-FERPA Training

So, what do we do?

1.Create a culture of confidentiality where everyone is conscious of the importance of maintaining confidentiality in all you do.

2.Best practices are safe practices… use common sense!!!!!!


Regulations such as HIPAA-FERPA exist to protect the confidentiality and privacy of students and families.

When in doubt about sharing information:

• Obtain written consent before giving out any identifiable student information• Don’t ever give out information that you think may be covered

by HIPAA-FERPA• When in doubt, don’t! The Daily Review Principle!• Get more information or contact an administrator for guidance

(know who is your district Compliance Officer)

FERPA RevisionsFERPA Revisions

Districts are given more flexibility in determining when health and safety issues permit disclosure of student

information.

Investigations of complaints that FERPA has been violated can be made at the request of others, not just parents or

students…such as school officials or the media.


There are lots of ways that a school employee can violate student confidentiality. Even though it may be unintentional, it can still create a liability for the district.

Remember, Professional responsibility for confidentiality rests with the individual employee.



Final exercise is to help you help yourself!!!!

Throughout time, Visuals have been paired with certain phrases to help with recollections.

Examples: Buying sneakers

Visual Associations in History



Confidentiality Training

I Didn’t Have………………………..





Stifle it Edith!


Associations to Keep in Mind

Visual Associations

Visual Associations

Zip it Up !

Visual Associations

Guided Practice Time!

Zip it Up!

Zip it Up!

Visual Associations

Zip it Up!


Pennsylvania’s Code of Professional Practice

and Conduct for Educators

For more information concerning confidentiality:

http://www.teaching.state.pa.us/teaching/site/default.asp

Documents

Annual Training