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  Confidentiality Protecting all personally identifiable data, information and records used or maintained by the Calloway County School District about a student Protecting all personally identifiable data, information and records used or maintained by the Calloway County School District about a student Applicable to both discussions about a student and the student’s record Applicable to both discussions about a student and the student’s record

Duty to Inform  Required to be given to parents annually  Potential Forms of Notice Annual newspaper ad or article Annual statement in Code of Acceptable Behavior and Discipline Annual statement in student handbooks Website  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 Notice  Emergency 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 information s Faculty/Staff Lounges Unsecured memos/notes/etc. Stray comments in ARC/other meetings Gossip Photos Facebook/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 : Who? Who? What? What? Where? Where? Why? Why?

WHO?  Who  Who 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?  What  What is being discussed? If personally identifiable information is being discussed, it must be f or a legitimate educational purpose with someone who has a legitimate educational interest.

WHERE?  Where  Where 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?  Why  Why 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 Responsibility Receipt of additional state funds for eligible children with disabilities Determined by an ARC Governed 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 Committee Based on a complete evaluation

General Requirements  Monitors  Disagreements  Driver training  Emergency procedures  Least 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 ) 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 districts Restriction of health information Individual decisions as to authorization of disclosures Criminal and civil sanctions for disclosure of PHI Systems updates to ensure protection of PHI