CONFIDENTIALITY Q & A’s for School Staff. What Laws Apply to Records of Students? ► 2 Federal Laws  Family Education Rights and Privacy Act (FERPA) 

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Presentation transcript:

CONFIDENTIALITY Q & A’s for School Staff

What Laws Apply to Records of Students? ► 2 Federal Laws  Family Education Rights and Privacy Act (FERPA)  Individuals with Disabilities Education Act (IDEA)

What is Confidentiality? ► Protecting ALL personally identifiable data. Information, and records collected, used, or kept by the school district about a student. ► Confidentiality requirements also apply to discussions about a student and the student’s record(s)

What is Personally Identifiable Information? ► Includes  Child Family Names and addresses  Student Social Security Number (SSN), or Student Number  Descriptions that would make it easy to identify the student  Anything else that would make it easy to identify the student  Meal status, meal classification, meal disposition

What is an Educational Record? ► Any information the district collects, uses, or maintains relating to individual students. This includes  Grades  Health Information  Attendance Records  Meal Status, Classification, Disposition ► Handwritten, printed or otherwise

How Does the School District Ensure Student’s Records are Kept Private? ► Someone is responsible for student record confidentiality (YOU!!!) ► There is Training to explain to staff the importance of confidentiality for students (THIS TRAINING!!!)

Who May Look at Student Records? ► Only parents and certain others have the right to look at or obtain a copy of student’s records without parental consent ► Certain Others:  School Staff listed on the district’s list of persons allowed access: ► Secretaries, Cafeteria Managers, Administrators, Teachers, Sub Teachers, Aides ► All these people are content specific, and have a need to know, no one has access to ALL a student’s information

Do Guardians, Divorced or Separated Parents, Foster Parents, and Surrogate Patents have the Right to Review a Student’s Record? ► Both Parents have the right to see their child’s record unless the school has been told otherwise ► Guardians and Foster Parents acting as surrogates also have the same rights

May a Student Review & Inspect their own Records ► A Student is eligible upon reaching their 18 th Birthday ► Unless by court order, otherwise stipulated

What Kind of Information May be Viewed? ► Personal and Family Information ► Testing Information ► Medical, Psychological, and Anecdotal Reports ► Achievement and Progress Reports ► Records of Conferences with a Student or Parent ► Copies of Correspondence About the Student ► Other Information that is Helpful to the School in Working with the Student

Is There Any Information the School Doesn’t Have to Disclose to Parents? ► Teacher or Counselor Personal Notes ► School Security Police Records ► Personnel Records of School Employees

What Directory Information May a School Release to 3 rd Parties Without Prior Parental Consent? ► Student Name ► Address ► Telephone Number ► Date and Place of Birth ► Major Field of Study ► Dates of Attendance ► Class ► Participation in Recognized Activities and Sports ► Degrees, Honors & Awards ► Post High School Plans ► HOWEVER PRIOR TO RELEASING THIS INFORMATION THE DISTRICT MUST GIVE PUBLIC NOTICE THAT IT RELEASES THIS INFORMATION AND PARENTS HAVE THE RIGHT TO REQUEST THAT THIS INFORMATION NOT BE RELEASED.

Amending Student Record ► A Parent can request information be corrected, the school district has 14 days to notify the parent of the decision

Destruction of Student Records ► The District notifies the parent of the District’s intent to Destroy the student record, the parent may have a copy of the child’s record before it is destroyed.