Confidentiality for Transportation

Personnel

Family Educational Rights and Privacy Act (FERPA)

Kentucky Family Educational Rights and Privacy Act

Protection of Pupil Rights Amendment Individuals with Disabilities Improvement

Education Act 0f 2004 (IDEA) Kentucky Administrative Regulations Professional Code of Ethics for Kentucky

School Personnel (704 KAR 20:680) Board Policy (09.14 , 09.14AP 232, 10.11) Special Education Procedures –

Confidentiality of Information (Chapter 8)

Foundational Laws and Policies

Definition ConfidentialityConfidentiality

Protecting all personally Protecting all personally identifiable data, information and identifiable data, information and records used or maintained by records used or maintained by the Calloway County School the Calloway County School District about a studentDistrict about a student

Applicable to both discussions Applicable to both discussions about a student and the student’s about a student and the student’s recordrecord

Duty to Inform Required to be given to parents annually Potential Forms of Notice

Annual newspaper ad or articleAnnual statement in Code of Acceptable

Behavior and DisciplineAnnual statement in student handbooksWebsite

Disclosure of information is subject to FERPA requirements

Consent Written Parental Consent Disclosure Without Consent

Release of Education Records to Another School District

Directory Information and Public NoticeEmergency May Warrant Disclosure Without

Consent Other Conditions for Release of

Personally Identifiable Information Parent Refusal to Release Information

Personally Identifiable Information Includes More Than Written Documenta-tion

Verbal informationE-mailsFaculty/Staff LoungesUnsecured

memos/notes/etc.Stray comments in

ARC/other meetingsGossipPhotosFacebook/Social

Media

To Speak of Not to Speak…

PROFESSIONAL SHARING

When discussing a student with a colleague, four W’s should be applied to your conversation:WWho? ho? WWhat?hat?WWhere?here?WWhy?hy?

WHO?

WhoWho is listening to your conversation?If you are discussing a student with a

colleague who has a legitimate educational interest in an appropriate location, confidentiality has not been violated.

If others are listening and they do not have a legitimate educational interest, you are violating confidentiality.

WHAT?

WhatWhat is being discussed?If personally identifiable information is being discussed, it must be for a legitimate educational purpose with someone who has a legitimate educational interest.

WHERE?

WhereWhere is the conversation taking place?Any discussion should take place in private and not in a public place where other staff members without a legitimate educational interest or where students could overhear.

WHY?

WhyWhy is the conversation occurring?The conversation should have a legitimate educational interest.

If the discussion involves sharing rumors, opinions, or hearsay, the speech has moved from professional to gossip.

Special Transportation – aka “The Short Bus”

Legal ResponsibilityReceipt of additional state funds for

eligible children with disabilitiesDetermined by an ARCGoverned by federal laws

○ Section 504 of the Rehabilitations Act○ Americans with Disabilities Act○ Individuals with Disabilities Education

Improvement Act

IEP’s and 504’s Determination of eligibility

Through an Admissions and Release Committee (ARC)

A 504 CommitteeBased on a complete evaluation

General Requirements

MonitorsDisagreementsDriver trainingEmergency

proceduresLeast restrictive

alternative

General Requirements (continued)

Misconduct Service animals Shortened school day Special equipment

A student may be eligible for special transportation if the child has…

A technology dependent condition A particularly fragile medical condition A significant seizure disorder Low resistance to communicable disease Uses a service animal Uses an augmentative communication device

A student may be eligible for special transportation if the child has…

Need for additional adult support A behavior management plan that

includes transportation Time limitations for how long s/he may

be on a bus Requires assistive devices for

positioning

continued

Final Thoughts to Consider

Specific plans for meeting special transportation needs (e.g., dealing with an emergency)

Back-up plans in case of absent drivers or monitors

Complete transportation data on file

Compliance with HIPAA

HIPAA: Health Insurance Portability & Accountability Act of 1996 (P.L. 104-191) Standardized electronic data to improve efficiency in

delivery of healthcare Protection of confidential information

Privacy Rule: To protect the privacy of all individually identifiable health information held by any covered organization, including school districtsRestriction of health informationIndividual decisions as to authorization of disclosuresCriminal and civil sanctions for disclosure of PHISystems updates to ensure protection of PHI