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CONFIDENTIALITY

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Requirement Under IDEA34 CFR Sec. 300.572(c)

• All staff collecting or using personally identifiable information in public education institutions must receive training on confidentiality requirements.

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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.

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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”

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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)

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PERSONALLYIDENTIFIABLEINFORMATIONAny 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

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DEFINITION OF

EDUCATION RECORDS

Those records, files, documents and other materials which

contain information directly related to a studentare 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.

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DIRECTORY INFORMATION

1. student’s name2. student’s address3. student’s telephone number4. student’s date and place of birth5. student’s major field of study6. participation in officially recognized sports and activities7. student’s weight, height if member of athletic team8. dates of attendance9. degree, awards received10. most recent previous educational institution or agency

attended

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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

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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)

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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

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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 CREATEDSOLELY 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)

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AMENDMENT OF RECORDSANNUAL NOTIFICATION OF RIGHT TO REQUEST AMENDMENT OF

RECORDS

RIGHT TO REQUEST AMENDMENT OF RECORDS IF INFORMATION ISINACCURATE, 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 RECORDSMUST

-- Be maintained with records-- Be disclosed with the record

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CONSENT FOR DISCLOSURES

ANNUAL WRITTEN NOTIFICATION OF RIGHT TO CONSENT TO

DISCLOSURES

WRITTEN CONSENT SIGNED AND DATED, INCLUDING…SPECIFICATION OF RECORDS DISCLOSEDPURPOSE OF DISCLOSUREPARTIES TO WHOM DISCLOSURE IS MADE

COPY OF DISCLOSED RECORDS PROVIDED TO PARENT ONREQUEST

THIRD PARTY DISCLOSURE PROHIBITED WITHOUT WRITTENCONSENT OF PARENT

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CONDITIONS WHERE PRIOR CONSENT NOT

REQUIRED

1. Disclosure within agency with legitimate education interest

2. Transfer of records3. Directory information4. Audit purposes5. Subpoenas or court orders6. Related to disciplinary actions7. Financial aid8. Health and safety emergencies

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RECORD OF ACCESSAGENCY MAINTAINS RECORD WHICH INDICATES

Name of party having accessDate access givenPurpose

MAINTAINED AS LONG ASSTUDENT RECORD MAINTAINED

RECORD MAY BE INSPECTED BY

ParentsSchool OfficialsAuditors

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SAFEGUARDS

CONFIDENTIALITY PROTECTED AT FOUR STAGESCOLLECTIONSTORAGEDISCLOSUREDESTRUCTION

ONE OFFICIAL ASSUMES RESPONSIBILITY

ALL PERSONNEL RECEIVE TRAINING

AGENCY MAINTAINS LIST, FOR PUBLICINSPECTION, OR PERSONS (NAMES AND POSITIONS) WITHIN AGENCY WHO HAVE ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION

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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

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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

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HAVE YOU HAVE YOU HEARD? HEARD?

CONFIDENTIALITY MAY BE VIOLATED

WHEN STAFF DISCUSS A CHILD ININAPPROPRIATE PLACES OR

SITUATIONS

OR

WHEN STAFF REPEAT GOSSIP OR RUMORSABOUT A CHILD OR HIS FAMILY

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CONFIDENTIALITY INPRACTICE

CONFIDENTIALITY IN PRACTICE

Gossip vs Professionalism

A Self-fulfilling Prophecy