Confidentiality…Confidentiality…important facts to know important facts to know

andandcriticalcritical things to do! things to do!

What does “confidential” mean in What does “confidential” mean in reference to the school setting?reference to the school setting?

Protection of Protection of anyany information collected, information collected, used or maintained used or maintained on a studenton a student

Every employee has Every employee has the obligation to the obligation to protect student rights protect student rights in regard to in regard to information that we information that we hear, see or create.hear, see or create.

What is FERPA?What is FERPA?

These are the first letters These are the first letters of a federal mandate. of a federal mandate.

The regulation is called The regulation is called the the FFamily amily EEducation ducation RRights and ights and PPrivacy rivacy AAct.ct.

All student information All student information (regular and special (regular and special education, Child Nutrition) education, Child Nutrition) is protected by this law.is protected by this law.

What “information” is confidential?What “information” is confidential?

Information that you see…Information that you see…Test ScoresTest ScoresTranscriptsTranscriptsGradesGradesConfidential filesConfidential filesHealth recordsHealth recordsStudent’s nameStudent’s nameStudent’s addressStudent’s addressSocial Security numberSocial Security number

Information regarding free Information regarding free and reduced lunch statusand reduced lunch status

Information that you hear Information that you hear about a studentabout a studentInformation in written or Information in written or verbal reports from verbal reports from physicians or other physicians or other agenciesagenciesInformation that is Information that is generated in our district…generated in our district…

Special Education Special Education formsforms

Information or notes from Information or notes from meetings with meetings with professionals or parentsprofessionals or parents

A Word ofA Word of CautionCaution……

Refrain from sending any information via Refrain from sending any information via “e-mail” regarding confidential student “e-mail” regarding confidential student informationinformation

Examples include information on behavior, Examples include information on behavior, specific grades, school incidents and specific grades, school incidents and health issues or concernshealth issues or concerns

BE REALLY CAREFUL!!!BE REALLY CAREFUL!!!

How do we protect this student How do we protect this student information?information?

OnlyOnly school school personnel personnel directlydirectly involved with the involved with the student may access student may access the informationthe information

Keep records secureKeep records secure

Confidential records Confidential records shall be kept in a shall be kept in a locked file cabinet.locked file cabinet.

When can I discuss student When can I discuss student information protected by FERPA?information protected by FERPA?

During a meeting with other school personnel During a meeting with other school personnel involved with this studentinvolved with this student

If there is a legitimate and real need to talk If there is a legitimate and real need to talk about the information…not just to be “gossiping”about the information…not just to be “gossiping”

When can I discuss student When can I discuss student information protected by FERPA?information protected by FERPA?

Only in a secure place for Only in a secure place for privateprivate conversations conversations

During a phone conversation with outside During a phone conversation with outside professionals when we have professionals when we have prior writtenprior written permissionpermission from the parents or legal guardians from the parents or legal guardians

What if a special education student What if a special education student has committed a crime?has committed a crime?

““When reporting a When reporting a crime…, the school crime…, the school shall transmit copies shall transmit copies of the…special of the…special education and education and disciplinary records to disciplinary records to the authorities to the authorities to whom the crime is whom the crime is reported.”reported.”

This shall be done This shall be done in accordance with in accordance with FERPA.FERPA.

Translation: You Translation: You shall obtain written shall obtain written parent permission parent permission prior to releasing the prior to releasing the information.information.

What if the parent refuses to give What if the parent refuses to give permission to release the records?permission to release the records?

A judicial order or lawfully A judicial order or lawfully issued subpoena to issued subpoena to disclose information disclose information overrides a parent’s overrides a parent’s refusal. However, we refusal. However, we must make every must make every reasonable and reasonable and documented effort to let documented effort to let the parent know that the parent know that these records are being these records are being released.released.

Questions to ask yourself before Questions to ask yourself before talking about a student…talking about a student…

Does this person have a legitimate reason Does this person have a legitimate reason why s/he should know this information?why s/he should know this information?Did this person ask for the information out Did this person ask for the information out of “curiosity” only?of “curiosity” only?Do I have to tell what I know? NO!Do I have to tell what I know? NO!Is it a setting for casual conversation such Is it a setting for casual conversation such as in a teacher workroom?as in a teacher workroom?Should I share information with another Should I share information with another student or parent? NO!student or parent? NO!

Questions…Questions…

Is the person on the other end of the phone Is the person on the other end of the phone “really” the parent or a person that we have “really” the parent or a person that we have permission to release information to regarding a permission to release information to regarding a student?student?

Is the adult requesting information a grandparent Is the adult requesting information a grandparent that does not have legal custody?that does not have legal custody?

Is this the step-parent?Is this the step-parent?

Is this the non-custodial parent?Is this the non-custodial parent?

So…So…

When in doubt…ask before you do When in doubt…ask before you do or say anything!or say anything!

What should I say if someone tries What should I say if someone tries to get information from me?to get information from me?

“I have no idea

what is going on.”“If you have questions,

please talk to (name).”

“That is confidential

information.”

“It is against school policy (or federal

law) for me to discuss that information.”

Ask yourself…”What would I want others to say (or not say) about my child or grandchild?”

What can happen if I do break What can happen if I do break confidentiality?confidentiality?

““According to state statutes, it is a According to state statutes, it is a misdemeanormisdemeanor for any teacher (or for any teacher (or employee) to reveal any information employee) to reveal any information concerning a child obtained in the capacity concerning a child obtained in the capacity as a teacher as a teacher exceptexcept as may be required in as may be required in the performance of contractual duties and the performance of contractual duties and in accordance with state and federal laws.”in accordance with state and federal laws.”

How long do student records have How long do student records have to be kept?to be kept?

A permanent record A permanent record of the student’s name, of the student’s name, address, phone address, phone number, grades, number, grades, attendance, classes attendance, classes attended, grade level attended, grade level completed and year completed and year completed shall be completed shall be maintained without a maintained without a time limitation.time limitation.

IMPORTANT!IMPORTANT!BE CAREFUL!BE CAREFUL!

AnyAny notes that you have kept regarding a notes that you have kept regarding a student (behavior, script of dialog or concerns) student (behavior, script of dialog or concerns) or parent are things that can be requested by a or parent are things that can be requested by a court or attorney for the purposes of review.court or attorney for the purposes of review.

Other information…Other information…

Monitor and report any student “bullying or Monitor and report any student “bullying or discrimination” based upon “disability”discrimination” based upon “disability”If you have a student in your classroom that is If you have a student in your classroom that is on an IEP, you are on an IEP, you are requiredrequired to be to be knowledgeable of the areas that affect the knowledgeable of the areas that affect the instruction that you provide including instruction that you provide including modifications and accommodations. modifications and accommodations. If you have copies of the IEP or a list of If you have copies of the IEP or a list of modifications, this is confidential information and modifications, this is confidential information and must be kept in a secure location.must be kept in a secure location.

Other information continued…Other information continued…

If a parent requests an evaluation, please If a parent requests an evaluation, please say the following:say the following:

““I will contact our principal and the I will contact our principal and the chairperson of our Collaboration chairperson of our Collaboration Team. One of them will call you Team. One of them will call you regarding your request.”regarding your request.”

Is this session over yet?Is this session over yet?Yes! Yes! Congratulations…you Congratulations…you have once again have once again completed your annual completed your annual confidentiality policies confidentiality policies and procedures and procedures instruction. This is instruction. This is required by federal required by federal code regulations. code regulations.