1. Data Privacy General Principles Cindy Stolp Fall 2009

2. Ethical Considerations… Education staff encounter ethical issues on a daily basis, including private data, confidentiality & interactions

3. In a 15 years span, there has been a 350% increase in the number of special education paraprofessionals Year Title ISpecial Ed 19883,0003,000 19883,0003,000 20035,00022,000 20035,00022,000

4. Ethical Considerations… Maintaining professionalism chain of responsibility confidentiality Ethical standards It is essential to recognize stress, conflict, or other factors which may interfere with the successful fulfillment of your duties. Working in a school is not an easy job..

5. Data, Data,Data School staff have access to a variety of information regarding the students. The most important aspect of ethical practice is maintaining confidentiality regarding the students and families. All school staff are required by law to keep student and family information confidential. Information regarding the student should only be shared with teachers and staff who work directly with the student. Test Scores BehaviorAttendance Family History Personal Records

6. Professional Boundaries professional relationships In some communities, students are…. neighbors go to the same church children in the same schools/grade Don’t blur the professional boundaries.

7. Public Data available to the general public (directory information) Student's name Address Telephone listing E-mail address officially recognized activities and Sports, weight and height of members of athletic teams degrees, honors and awards received Photograph date and place of birth major field of study grade level

8. Private Data- not available to the general public but is accessible to Parents Eligible student School district Staff of the school district whose work assignments reasonably require access (need to know) Agents as authorized by law This includes most special education data.

9. Family Educational Rights and Privacy Act (FERPA) FERPA ……. is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. (Federal Law: P.L. 90-247)

10. Family Educational Rights and Privacy Act (FERPA Access by juvenile justice system Upon request, a student's full name, home address, telephone number, date of birth; a student's school schedule, attendance record, and photographs, if any; and parents' names, home addresses, and telephone numbers. In addition, the existence of the following data about a student may be disclosed: (1) use of a controlled substance, alcohol, or tobacco; (2) assaultive or threatening conduct that could result in dismissal from school (3) possession or use of weapons or look-alike weapons; (4) theft; or (5) vandalism or other damage to property. A school district, its agents, and employees who provide data in good faith, as allowed by law, are not liable for compensatory or exemplary damages or an award of attorney fees.

11. Parents have the right to: inspect and review the student's education records request that a school correct records which they believe to be inaccurate or misleading. Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. Family Educational Rights and Privacy Act (FERPA)

12. Sanctions The Minnesota Government Data Practices Act: …does allow for sanctions against government agencies (i.e. schools) and individuals who violate data privacy expectations. To quote the statute, "In the case of a willful violation, the political subdivision, statewide system or state agency shall be liable to exemplary damages of not less than $100, nor more than $10,000 for each violation..... Willful violation of this chapter by any public employee constitutes just cause for suspension without pay or dismissal of the public employee."

13. Minnesota Government Data Practices Act differs from FERPA in several ways by: requires a school to: The MN Government Data Practices Act protects individuals by prohibiting the sharing of information about them without their permission. Allows minor student to request that a school deny the student’s parents access to educational data about the student Give Tennessen warning to student Releases education records subject to a court order

14. Confidential Data - that data which is not accessible to.. the school staff the public (i.e. mandated reporting information)

15. Exchange of Non-public Information Need--Parental release of information Exception: School district to School District Mandated Reporters

16. Mandated Reporting MN. Statute 626.556 Selected Portions Persons mandated to report. A person who knows or has reason to believe a child is being neglected or physically or sexually abused, or has been neglected or physically or sexually abused within the preceding three years, shall immediately report the information to the local welfare agency, agency responsible for assessing or investigating the report, police department, or the county sheriff if the person is: A professional or professional's delegate who is engaged in the practice of the healing arts, social services, hospital administration, psychological or psychiatric treatment, child care, education, or law enforcement…

17. Mandated Reporting Malicious and reckless reports liable in a civil suit Failure to report fails to a mandated report is guilty of a misdemeanor.

18. A Real Live Case Occurred about 10 years ago in District. Student was hospitalized due to “mental health” issues. A staff member asked the student’s girlfriend how the student was doing. The girlfriend knew nothing of the hospitalization & called her mother as she was upset by this news. The girlfriend’s mother contacted the student’s mother. The parent contacted the Office of Civil Rights (OCR) & filed a complaint against the school district for data privacy violation. The staff person had no right to share the information regarding the student with another student-even though it was the student’s girlfriend. Based on a variety of issues, including the data privacy violation, the parent took the school district to a due process hearing. District & parent “settled” before the hearing but still cost the district thousands of dollars.

19. Situations to discuss with staff… you are a teacher/para and are approached in the supermarket by a person that wishes to talk to you about a student? you are in the staff lounge and there is a discussion of a particular student and their family? a student reveals to you that the black eye they have is the result of their parent hitting them? a private practice psychologist calls you to get information about a particular student? a parent verbally requests that you send information to PACER? the grandmother of a student wishes to discuss her grandchild’s behavior at school? a student’s father’s live-in girlfriend calls you on the phone to discuss the student?

20. Right to Know/Need to Know There is a difference between Need to know & Want to know Curiosity does not qualify as a legal right to know!