CONFIDENTIALITY Student Information Guidelines

Family Rights and Privacy Act (FERPA) Legislation to protect the privacy of personal and educational records Restricts access to: ▪ student’s parents/guardians ▪ adult student ▪ specific staff members A critical legal responsibility

Special Education and FERPA Formal written records in audit at ISC and copies in diagnostician’s office on campus Informal records with personnel working with student Published access lists posted on file cabinets Non-authorized personnel review records only with permission obtained through specific procedures

Important Legal Considerations in FERPA Written consent needed to share with parties who are not “school officials with legitimate educational interests” Parent, guardian, and foster parent’s rights to inspect and review records ▪ Access for review and discussion only of information relating to his/her child ▪ Recourse for amendment of inaccurate information

What are Written Records? Progress reports/report cards Formal and informal assessments IEP/discipline/ behavioral documentation Tracking sheets Phone logs Medical/medication reports Modification sheets ARD/IEP paperwork and related services information Electronic communication ( )

Electronic Messages View as a public document Assume they can be retrieved Can become part of a legal process Grammar & spelling should be checked is not confidential Can be sent to others without one’s knowledge Consider how you say it

Confidentiality guidelines apply to both written and verbal communication.

Ethical Guidelines Discuss a student’s program, progress, etc., only in the appropriate setting (not the lounge, hallway or work room). Discuss student concerns only when other students are not present. Respect the dignity & privacy of all students, parents & staff members. Always consider the “need to know.”

Activity What should I do? With a partner, analyze the situations and determine the best course of action.

1.A parent of a student in special education attends the same exercise class as you. The parent repeatedly asks about her child’s progress at school, even though the child is not in your class. 2.While observing a student in your class, another staff member mentions that the father of one of your students was arrested, and a boyfriend has moved into the home.

3.You are a new teacher on campus. One of the front office staff appears to be a great source of knowledge about your students and their families since she lives in the neighborhood. She offers to share information with you during lunch. 4.The coordinator assigned to your campus comes to observe a particular student. While the students are engaged in silent sustained reading, the coordinator starts asking some very specific questions about the student’s behavior.