Confidentiality Training 2014

Definition “Protecting ALL personally identifiable data, information, and records collected, used, or kept by the school district about a student.” *Applies to discussions

Importance If violations are found, federal funds may be withheld Parents may proceed in a private civil action against the school district

What is an Educational Record? Anything that is: Directly related to the student Maintained by an Educational Agency or Institution Contains “personally identifiable” information All forms of media apply: Handwritten, drawn, typed, electronic files, photograph, audio or video tape, & DISCUSSIONS (From FERPA, 20 USC 1232g)

What is Personally Identifiable Information? Grades Health Information Attendance records Work papers School photos Test results Special Education/ 504 Documentation Biometric Records (added Jan 2009) *not an exhaustive list

What an Education Record is NOT: Teacher, Counselor, or Psychologist personal notes (personal meaning no one else has access to them/not discussed with others) School security/ police records Personnel records of school employees **These do not have to be released to the parent upon request.

EMAIL May be considered an Educational Record IF: the email records directly name student the records are maintained by the institution **If this is the case, maintain a copy **Notification of grades (other educational information) via email IS in violation of FERPA. The institution would be held responsible if an unauthorized third party gained access through any electronic transmission method. DO NOT use personally identifiable information in emails sent outside the district server. Naming other students…

Access Rights Parents have the right to review their child’s record at ANY time Both Biological Parents are allowed access regardless of custody Access must be denied if a legal decree revokes parental rights Guardians, surrogates, and foster parents have access rights Right to request a copy of records---district must respond within 45 days.

Access Rights Other parties who can review records: KDE officials Another district when the student transfers School Staff with a “legitimate educational interest” Parties given WRITTEN parental consent Right to request a copy of records---district must respond within 45 days.

Written Consent from Parent Parents must give specific, written consent to release information that: Is Dated Describes the specific information to be released Lists the parties to whom it is released Describes the purpose for the release **Care must also be taken to ensure no other students are named in the record that is released. Also applies to records reviewed by parents!

Exceptions to Written Consent Rule: An emergency situation when it is necessary to protect the health and safety of a child/youth or other individuals Department of Social Services in the case of suspected abuse, ONLY if the information is relevant (discuss with principal)

Exceptions to Written Consent Rule: School Board Attorney acting in connection with legal proceedings (contact principal) Court Subpoena (contact principal if unaware) Every effort must be made to notify parents before complying Notify school board attorney Notify Director of Pupil Personnel Only disclose information that is specifically requested in the subpoena

What can be shared? Share information with other teachers and school officials who have a “legitimate educational interest” in the child. Give out directory information: Name, address, telephone listing, date and place of birth, participation in sports, dates of attendance, awards, most recently attended previous educational agency (From FERPA, 20 USC 1232g) “Legitimate Educational Interest”: the demonstrated need to know by those officials of an institution who act in the student’s educational interest. Including faculty, administration, clerical and professional employees, and other persons who manage student record information.

Directory Information Can NEVER include: Student Social Security Number Citizenship Religion Race Gender Grades Grade Point Average Schedule of Classes

Other Safeguards Computer records must be maintained in compliance with confidentiality Conversations must be held in such a way as to maintain confidentiality (avoid hallway chatter) Identifying any student as special education, free/reduced lunch, or 504 is a violation Take care about leaving items on your desk, such as copies of grades, notices of ARC meetings, 504 plans/IEPs, etc. Also be careful of leaving sensitive documentation on your computer screen for others to view

Rule of Thumb “When in doubt, don’t give it out.” We are only required to allow parents to review records. Refer case to administration to consider