1. Confidentiality of Records
Professional Development for
Educators Serving Children and
Youth with Disabilities
Sponsored by
Central Kentucky Special Education Cooperative
Professional Development for Educators Serving Children and Youth with Disabilities
Central KY Special Education Cooperative developed this presentation to provide an overview of the laws affecting the confidentiality of student’s records. Each public school district is required to have policy and procedures concerning confidentiality. This presentation addresses the general requirements for all school personnel. It is not intended to be specific to individual school districts. Please consult district policies for specific procedures and timelines.

2. Applicable Laws
Family Educational Rights and Privacy Act (FERPA or the Buckley Amendment)
Individuals with Disabilities Education Act (IDEA)
Kentucky Safe Schools Legislation (HB 330)
Several laws address confidentiality of students’ records; the Family Education Rights and Privacy Act (this act is referred to as FERPA or the Buckley Amendment), the Individuals with Disabilities Education Act of 1997, (this act is referred to as IDEA), and the Kentucky Safe School Legislation.

3. Importance of Confidentiality
District may have federal funds withheld if violations are found.
Parents may proceed in a private civil action against the school district seeking redress for violations.
As professionals, it’s the right thing to do!
Knowing and following the confidentiality requirements is a requirement for all school district employees. The Secretary of Education may withhold Federal funding from any school district that fails to comply with FERPA.
The U.S. District Court in Kentucky has allowed parents to proceed in a private civil action against a school district seeking redress for student’s FERPA rights.
All professionals, such as doctors and lawyers, are expected to abide by the laws of confidentiality , as educators we are also professionals. As professionals protecting the rights of confidentiality for our students is not only the law, but it’s the right thing to do.

4. Definition of Confidentiality
Confidentiality requirements apply to all personally identifiable data, information, and records used, or kept, by the school district about a student.
Confidentiality requirements also apply to discussions about a student.
The term confidentiality means protecting all personally identifiable data, information and records used or kept by the school district about a student. Confidentiality is not limited to written documentation about a student. Confidentiality requirements also apply to discussions about a student.

5. Definition of Disclosure
Disclosure refers to permitting access to or the release, transfer, and other communication of educational records of a student.
Disclosure can be oral, in writing, or by any other method, including phone or .
The term disclosure means permitting access to, the release, transfer, and other communication of educational records of a child or youth. This includes disclosure made orally, in writing, or by any other means, including electronic transfer of information through a telecommunication system. In other words, disclosure is any method used to give someone access to an educational record.

6. Definition of Educational Records
Educational records are documents and other written information directly related to a student including:
Personal and family data;
Evaluation and test data;
Medical, psychological, and progress monitoring;
Written accounts of conferences; or
School-related discipline reports.
Educational record refers to documents and other written information directly related to a child or youth. The educational record may include: personal or family data, evaluation data, medical and psychological reports, and progress monitoring, written accounts of conferences, or any other information about the child. Recent additions to the laws concerning confidentiality have made in clear that all school related discipline records are considered part of the educational records of the student.

7. Definition of Eligible Student
An eligible student is a student who:
Has reached the age of 18, or
Is attending a postsecondary education institution.
If a court has established limited or full guardianship, a student at the age of 18 is not an eligible student.
The term eligible student means a youth that has reached the age of 18, or is attending a post secondary education institution.
Students over the age of 18 are not considered eligible students if a court has established limited or full guardianship for the student.

8. Definition of Personally Identifiable
Personally identifiable information is data or information that includes:
Names/addresses of the student/parents/family members;
Student’s social security number/student number; or
Personal characteristics/traits/other information which make identification easy.
Personally Identifiable information refers to data or information such as child or youth’s name or address, family member’s names or addresses, a student’s social security number or student number, or a description that would list personal characteristics or traits to identify the student. Personally identifiable information is really anything that would make it easy to identify the student.

9. Public Notice Must be provided at least once each year.
Must be provided before any major identification, location, or evaluation activity.
Must be published in the local paper.
Must be published in all know languages and means of communication of the population within the school district.
It is the local school district’s responsibility to give a public notice about confidentiality protections to parents. This notice must be completed at least annually and before any major identification, location and evaluation activity. The notice is to be published in the local newspaper and must be made available in all know languages and means of communication of the population within the school district.
On-line suggestion: Have a picture of a newspaper clipping, with “annually”, and “in all known languages” float in as the content is read.

10. Access Rights
Parents have the right to review and inspect any educational record.
Eligible students have the right to review and inspect any educational records.
Guardians and persons appointed to act as surrogate parents have the right to review and inspect any educational records.
The local school district permits parents to review and inspect any educational records. The same access rights apply to an eligible student.
Guardians and persons appointed to act as surrogate parents have the right to review and inspect any educational records.

11. Access Rights
Both parents are allowed access to educational records, unless the district is presented with a court order or other legally binding document that specifically revokes parental rights.
If a child is under foster care, the foster parents have the right to review and inspect the school records of the child.
Both parents are allowed access to the educational records of a child or youth unless the school has been told a parent is not allowed access due to some legal action such as a divorce decree. The fact that a parent does not have legal custody does not affect the non-custodial parent’s rights to have access to their child’s educational records. Guardians and persons appointed to act as surrogate parents also have the same access rights. If a child is under foster care, the foster parents have the right to review and inspect the school records of the child.

12. Access Rights
The school district must provide an explanation/interpretation of records if the parent makes a request.
A parent may authorize a representative to inspect or review the educational records.
If parent or eligible student request for an explanation of the educational records, then the local school district will provide an interpretation. A parent may authorize someone to represent them in inspecting or reviewing the educational records of their child or youth.

13. Access Rights Access should be granted:
As soon as possible, but no later than 45 calendar days from the time the school personnel receives the request;
Before any ARC meeting or due process hearing; and
At a time and place mutually acceptable to the parent and school personnel.
Parental access to records should always be granted as soon as possible, however, according to regulations access to records must be given with the 45 calendar days from the time the school personnel receives the request. Access of student’s records should be granted at a time and place mutually acceptable to the parent and school personnel.

14. Access Rights
Translation must be provided in the parent’s native language/mode of communication.
A free copy of the records must be provided to the parent upon request.
Depending on school district policy, a fee may be charged for additional copies.
If the primary language or mode of communication used by the parent is non-English, then a translation of the educational records must be provided to the parents. Upon request, a copy of the educational records is provided to the parents. A fee may be charged for the copies. It is recommended to consult with local board policies concerning fees to be charged to parents for copies of educational records.

15. Access Rights
Test protocols, raw data, and private notes are considered educational records if communicated or revealed to others.
Oral communication from private notes or documents makes the documents accessible to parents for inspection and review, even if these are maintained in the sole possession of the creator.
If test protocols, raw data or private notes are communicated or revealed to others, then this information becomes part of the child or youth’s educational records and are then accessible to the parents. Notes or other documents in the sole possession of the creator are exempt from the parent or eligible student access. Oral communication from such notes or documents makes the documents accessible to parents for inspection and review, even if these are maintained in the sole possession of the creator.

16. Record of Access
Each folder should properly document a record of access including:
- Name of person given access;
- Date access was given; and
- Purpose for which access was given.
The school district must ensure the person accessing the record has a legitimate educational interest.
Each educational folder shall document a record of access. Documentation shall include the name of the person who obtained access to the educational records, the date the person was given access, and the purpose for which the person was authorized to access the educational records. It is the responsibility of the local school district to insure that the educational record access is given only to those that do have a legitimate educational interest.

17. Record of Access
Everyone with a legitimate educational interest must sign record of access, except parents, eligible students, and district employees.
The school district must maintain a current list by names and positions of those who have access to educational records.
Anyone not employed by the school district which views an educational records must sign the record of access. If a parent, or eligible youth view the record of their child or themselves then they do not have to sign the record of access.
Before accessing an educational record the employee must have a legitimate educational interest.
Each school district is required to maintain a current list of the school officials or employees that have access to personally identifiable information.
The list includes the name of each employee, and the title of each employee.
On-line suggestion: Scan a record of access form from a district.

18. Record of Access
The school district must maintain a list of the types and locations of educational records.
If a record contains information about more than one student, information about other students must be removed before disclosure is provided.
The local school district maintains of list of the types of records collected, maintained, and used by the school district. The location of the educational records is also maintained by the school district. Sometimes the local school district maintains information or records that contain data on more than one child, such as grade books, or attendance rosters. The right of confidentiality to individual students is preserved in these situations. When a record contains data on more than one student, the parent or eligible student has the right to access only, that, which relates specifically to the child or youth. Personally identifiable information about other students must be removed prior to disclosure of the record to the parent, or eligible student.

19. Amendment of Records
Record amendment refers to changing, deleting, or destroying information.
If a parent believes information in the record is inaccurate, misleading, or violates privacy, he/she may request that information be amended.
Record amendment refers to changing, deleting, or destroying information in the educational record of the child or youth. If a parent believes that information in the child’s records is inaccurate, misleading or violates the privacy of the child, then the parent may request that information be amended.

20. Amendment of Records The school district must:
Decide whether to amend the information in accordance with the request, and
Notify the parent whether the information has been amended as requested.
Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. The school considers the parent request and makes a decision. If the decision is to grant the request, then the records are amended and the parent or eligible student is notified of the decision. If the school decides not to amend the record, the parent or eligible student is notified and provided with a written explanation for the decision...

21. Amendment of Records
The parent must be advised of the right to a records amendment hearing along with the amendment hearing procedures used by the school district.
If the school district decides not to grant the record amendment request then the parent or eligible student is notified of the right to a formal hearing, and given the district’s amendment hearing procedures.

22. Amendment of Records
If a hearing is requested, it must be held in accordance with the school district’s policies and procedures.
If the results of the hearing are that records will be amended then the request is granted and the parent or eligible student is given a copy of the amended records.
The hearing must be held in accordance with the school district’s policies and procedures. If the results of the hearing are that records will be amended then the request is granted and the parent or eligible student is given a copy of the amended records.

23. Amendment of Records
If the decision is made to not amend the records, the parent is notified of that decision.
The school district must allow a statement commenting on any reasons for disagreeing with the decision to be added to the records. This explanation must be maintained and disclosed as part of the record from that point on.
If the decision is not to amend the records, then the parents are notified of that decision. Parents are informed of their right to place in the records a statement commenting on any reasons for disagreeing with the decision not to amend the records. The added statement must be maintained as part of the educational record for as long as the record is maintained and the statement must be disclosed whenever the record is released.

24. Parental Consent
Parental consent is needed to disclose records to individuals/agencies other than those indicated on the disclosure without consent list.
Parental consent is not needed to discuss directory information.
Local school districts must have parental consent to disclose records to individuals or agencies that are not on the district’s record of access list. Parent consent is not needed to discuss directory information.

25. Parental Consent
School officials must have a written, signed, and dated consent to release personally identifiable information from educational records, except to parties authorized by law to receive such information.
School officials must have a written, signed and dated consent to release personally identifiable information from educational records, except to parties authorized by law to receive such information.

26. Parental Consent
If a parent refuses to give consent for the disclosure of educational records needed to provide a free and appropriate education, the school district can request a due process hearing.
If a parent disagrees with the district and refuses to give consent for the disclosure of educational records and these records are needed to provide the student with a free and appropriate education, then the district requests a due process hearing.

27. Disclosure
The school district may disclose personally identifiable information without written consent as outlined in local policies and procedures.
This includes to a school in which the child seeks or intends to enroll, or authorized government representatives.
The local school district may disclose personally identifiable information without written consent. These situations are outlined in local policies and procedures. Examples are disclosure of personally identifiable information to a school in which the child seeks to or intends to enroll, or to authorized government representatives.

28. Disclosure
If the district receives a judicial order/subpoena, it is recommended the district inform the parent that the records will be released.
Directory information may be released without parental consent unless the parent provides the district with written directions not to release such information.
Upon receiving a judicial order or a lawfully issued subpoena, concerning educational records, it is recommended that the school district contact the parents or eligible student to inform them that the records are being released. Directory information may be released without parent consent unless the parent or eligible student provides the local school district with written directions not to release such information.

29. Disclosure
In an emergency situation when it is necessary to protect the health and safety of a student/other individuals, school personnel may disclose personally identifiable information to the appropriate parties connected to the emergency.
If an emergency situation arises in which it is necessary to protect the health and safety of a child or youth or other individuals, then the local school district discloses personally identifiable information from the educational records of the child or youth to the appropriate parties connected to the emergency.

30. Disclosure
The school district must maintain records of all requests for access to, and disclosure of, personally identifiable information.
The local school district maintains records of all requests for access to, and disclosure of, personally identifiable information.

31. Disclosure
A school district cannot release information from the educational records of another school district or agency, unless the district gets parental consent for disclosure.
The school district can not release information received from the educational records of another school system or agencies unless the district gets parental or eligible student consent for disclosure.

32. Safeguards
Confidentiality must be ensured at all stage of dealing with records: collection, storage, disclosure, and destruction.
The school district official is responsible for ensuring the confidentiality of all educational records at all times.
The local school district ensures that the confidentiality of personally identifiable information is protected and that unauthorized access is prevented at the following stages of dealing with records: collection, storage, disclosure, and destruction. The local school district has the responsibility of ensuring the confidentiality at all times of all educational records.

33. Safeguards
All school staff who have access to educational records must receive training regarding policies/procedures related to confidentiality.
The school district must maintain, and update each year, a current list of the names and positions of district employees who may access personally identifiable information.
All staff who have access to educational records receive training regarding policies and procedures related to confidentiality. The local school district maintains and updates each year, a listing of the names and positions of those employees within the district who may have access to personally identifiable information.

34. Safeguards
The school district must ensures computer files containing educational records are secure.
The district must act in a responsible manner when sending and receiving faxes containing confidential information.
The school district ensures that computer files containing educational records are secure. When sending or receiving s or faxes which contain confidential information the educational agency must act in a responsible manner. It is recommended that all electronic exchanges containing confidential information have a cover letter and/or confidentiality statement explaining procedures for protecting the information. Before sending a fax it is also recommended to call ahead to ensure the receiver is authorized to receive confidential information.
On-line suggestion – pictures of an with the confidentiality statement and a fax cover letter.

35. Records Retention
The school district must ensure staff are familiar with, and follow, Kentucky record keeping requirements specified in the Kentucky Department of Archives Retention and Disposal Schedule.
The school district must ensure staff are familiar with, and follow, the Kentucky record keeping requirements specified in the Kentucky Department of Archives Retention and Disposal Schedule.

36. Destruction of Records
The parent must be informed when educational records are no longer needed to provide educational services to the student.
If a parent requests the destruction of records, only the information that is no longer needed is destroyed.
The local school district informs parents when educational records are no longer needed to provide educational services to the student. If a parent requests the destruction of records then only the information that is no longer needed is destroyed.

37. Destruction of Records
Personally identifiable information are retained as required by Kentucky record keeping requirements.
A record of the student’s name, contact information, his/her grades, attendance record, classes attended, grade level completed and year completed are maintained indefinitely.
The district must notify the parent of records that may be needed for social security eligibility determination.
Personally identifiable information are retained as long as they are needed for educational purposes. The Kentucky record keeping requirements are set out in the Kentucky Department of Archives Retention and Disposal Schedule. A permanent record of the student’s name, contact information, his or her grades, attendance record, classes attended, grade level completed and year completed are maintained indefinitely. the local school district notifies parents that records may be needed for social security eligibility determination.

38. Destruction of Records
When a parent requests destruction of records, the district does not destroy records if:
- There is an outstanding request to inspect or review the records, or
- They are needed for compliance with applicable state and federal requirements.
If a parent requests destruction of records, the district does not destroy any records if there is an outstanding request to inspect or review the records, or if records are needed for compliance with applicable state and federal requirements.

39. Rights of the Student
The school district must notify the parent at least one year prior to a student’s 18th birthday that access rights will transfer to the student at age 18.
Transfer occurs unless the district is provided with evidence that a court order/legal document proves the parent is the student’s guardian/representative in educational matters.
Whenever a student attains the age of 18, the rights accorded to and the consent required of the parent transfer from the parent to the eligible student. At least one year before the student’s 18th birthday, the school district notifies the parents of disabled youth that the rights regarding review, inspection and disclosure of records will transfer to the youth at the age of 18. This transfer is automatic, unless the school district is provided with evidence that there is a court order or legal document indicating the parent is the guardian or youth’s representative in educational matters.

40. Rights of the Students
The school district cannot disclose educational records of a student over 18 to the parent without:
- The youth’s written consent,
- A court order, or
- Proof the youth is a dependent as defined in Section 152 of the Internal Revenue Code of 1954.
The local school district does not disclose educational records of a youth over 18 to the parent without: the youth’s written consent, a court order or proof the youth is a dependent as defined in Section 152 of the Internal Revenue Code of 1954.

41. Juvenile Court Records
Courts may release certain juvenile court records to the principal.
These records must be kept confidential in a locked file.
The principal may release them only to counseling staff and teacher to whom the child is assigned for instruction.
Under Kentucky law, the courts may release certain juvenile court records to the principal of a school, which the child attends. These records must be kept confidential in a locked file. The principal may release the information only to counseling staff, and teachers to whom the child is assigned for instruction. No staff member other than the principal of a school is permitted to pass this information to any other individual.

42. Juvenile Court Records
If the student transfers to another school, the principal contacts the juvenile court so the court may send the records to the new principal.
Juvenile court information may not be revealed to any other person.
Juvenile court proceedings disclosed to school officials are not educational records.
If the child transfers to another school the principal contacts the juvenile court, so the court can send the records to the new principal. Juvenile court information may not be revealed to any other person. Kentucky law prohibits records concerning juvenile court proceedings disclosed to school officials from being included in a student’s education records. Legal action may result if confidentiality is not applied to these records. Juvenile court records are not educational records. School discipline records are educational records.

43. Juvenile Court Records
Legal action may result if confidentiality is not applied to these records.
KY Safe School legislation addresses additional juvenile Court record issues.
Please refer to local policies and procedures for specific questions/issues.
KY Safe School legislation addresses additional Juvenile court record issues. If you have specific issues or questions concerning juvenile records or confidentiality, please refer to your school districts’ policies and procedures.

44. Exercise 1: Children’s Corner Daycare
The Children's Corner Daycare calls a local school district and requests that Sue's school records are forwarded to them. It is a small community and the person receiving the call is familiar with the caller. Can the records be sent under these conditions?
YES NO
(Show 1st bullet) The Children's Corner Daycare calls a local school district and requests that Sue's school records are forwarded to them. It is a small community and the person receiving the call is familiar with the caller. Can the records be sent under these conditions? Yes or No (Yes and No link to feedback page).

45. Feedback 1: Children’s Corner Daycare
No. The records cannot be sent without written parental consent. FERPA and IDEA do not allow a school district to send personally identifiable information to another agency without written parental authorization.
(Show 1st bullet) The records cannot be sent without written parental consent. FERPA and IDEA do not allow a school district to send personally identifiable information to another agency without written parental authorization. A daycare may be providing educational activities for the student; however, they are not a state educational school district or agency.

46. Exercise 2: Amber
Amber's family moved to the neighboring county. The neighboring school district sent a request for the transfer of records. Can this information be forwarded without parental permission?
YES NO
(Show 1st bullet) Amber's family moved to the neighboring county. The neighboring school district sent a request for the transfer of records. Can this information be forwarded without parental permission? Yes or No (Yes and No link to feedback).

47. Feedback 2: Amber
Yes. The records can be sent to the neighboring school. FERPA requirements allow the school district to forward educational records on request to a school in which a student seeks to enroll.
(Show 1st bullet) The records can be sent to the neighboring school. FERPA requirements allow the school district to forward educational records on request to a school in which a student seeks to enroll. Federal requirements state that a reasonable attempt is made to notify the parent of the student of the transfer of the records, except when the transfer of records is initiated by the parent, or when the school district includes in their Annual Notice that it forwards records on request to another school district.

48. Exercise 3: Jane
Jane is a teacher assistant at Brownsville Elementary School. Jane's close friend asked Jane to check on the progress of the friend's nephew who also attends Brownsville. Can Jane obtain this information?
YES NO
(Show 1st bullet) Jane is a teacher assistant at Brownsville Elementary School. Jane's close friend asked Jane to check on the progress of the friend's nephew who also attends Brownsville. Can Jane obtain this information? Yes or No (Yes and No link to feedback)

49. Feedback 3: Jane
No Jane has no legitimate educational interest in the progress of someone's nephew; therefore, she has no right to review his progress. In order for Jane to review the progress of the nephew, she would have to be working directly with the child, but she still could not share the information with her friend.
(Show 1st bullet) Jane has no legitimate educational interest in the progress of someone's nephew; therefore, she has no right to review his progress. In order for Jane to review the progress of the nephew, she would have to be working directly with the child, but she could not share the information with her friend. A written consent signed by the parent is required before educational records can be released to any one that does not have a legitimate educational interest.

50. Exercise 4: Sandy
Sandy lives with her grandparents. Sandy's parents have legal custody of Sandy, but they have a very limited role in the care of Sandy. Sandy's teacher would like to initiate a referral due to a suspected learning disability. Who has the right to give written permission to evaluate Sandy for the suspected learning disability?
GRANDPARENTS PARENTS
(Show 1st bullet) Sandy lives with her grandparents. Sandy's parents have legal custody of Sandy, but they have a very limited role in the care of Sandy. Sandy's teacher would like to initiate a referral due to a suspected learning disability. Who has the right to give written permission to evaluate Sandy for the suspected learning disability? Grandparents or Parents (Grandparents and Parents link to feedback)

51. Feedback 4: Sandy
The ARC chairperson can determine that a person is "acting as a parent", and as such has all the rights of a parent until the parent reappears to reclaim his or her rights. Therefore, Sandy's grandparents could be "acting as a parent" and have the rights of a parent in making educational decisions concerning Sandy.
Since each case is unique discuss this situation with the Director of Special of Education.
(Show 1st bullet) According to IDEA 97 regulations, a "parent" means a natural or adoptive parent of a child, a guardian, but not the State if the child is a ward of the State, a person acting in the place of a parent (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare), of a surrogate parent who has been appointed. According to the policies and procedures for special education, the ARC chairperson determines who represents the child in educational decision-making through a review of educational records. If the ARC chairperson determines there is no parent in residence, and the person with whom the child resides is a family member, friend, or other person with whom the parent has made an informal arrangement to care for the child, then the ARC chairperson can determine that a person is "acting as a parent", and as such has all the rights of a parent until the parent reappears to reclaim his or her rights. Therefore, Sandy's grandparents are "acting as a parent" and have the rights of a parent in making educational decisions concerning Sandy.

52. Exercise 5: Matthew
Matthew's natural father arrives at Matthew's school. He requests to see his son’s school records. A review of Matthew's school records indicated that his parents are divorced and that Matthew lives with his mother. Can the school allow access to educational records to Matthew's father?
YES NO
(Show 1st bullet) Matthew's natural father arrives at Matthew's school. He requests to see Matthew's school records. A review of Matthew's school records indicated that Matthew's parents are divorced and that Matthew lives with his mother. Can the school allow access to educational records to Matthew's father? Yes or No (Yes and No link to feedback)

53. Feedback 5: Matthew
Yes. Both natural parents are allowed access to the educational records of a child, unless the school has been informed that a parent is not allowed due to some legal action. The fact that Matthew's parents are divorced does not automatically take away his parental rights.
(Show 1st bullet) Both natural parents are allowed access to the educational records of a child, unless the school has been informed that a parent is not allowed due to some legal action. The fact that Matthew's parents are divorced does not automatically take away his parental rights. If the school does not have a legal document stating that a parent does not have access, then the school allows the natural parent access to their child's educational records.

54. Exercise 6: Mary
Mary is a parent member of a Site Based Decision-Making Council. Mary would like to have a look at the recent state test scores of all the students in Mrs. Reed's class. Does Mary have access to these records?
YES NO
(Show 1st bullet) Mary is a parent member of a Site Based Decision-Making Council. Mary would like to have a look at the recent state test scores of all the students in Mrs. Reed's class. Does Mary have access to these records? Yes or No (Yes and No link to feedback)

55. Feedback 6: Mary
NO. Mary does not have the right to access the students’ educational records. A Site Based Decision-Making member does not have access to personally identifiable information. Parent consent would have to be obtained from each parent to allow Mary access to the students’ educational records.
(Show 1st bullet) Mary does not have the right to access the students’ educational records. A Site Based Decision-Making member does not have access to personally identifiable information. Parent consent would have to be obtained from each parent to allow Mary access to the students’ educational records.

56. Exercise 7: Bonnie
Bonnie has recently separated from Fred. Bonnie and Fred are the natural parents of a student in your classroom. Bonnie sends you a note that Fred is not to have access to any of their child's educational records. Can the school honor Bonnie’s request?
YES NO
(Show 1st bullet) Bonnie has recently separated from Fred. Bonnie and Fred are the natural parents of a student in your classroom. Bonnie sends you a note that Fred is not to have any access to any of their child's educational records. Can the school honor Bonnie’s request? Yes or No (Yes and No link to feedback)

57. Feedback 7: Bonnie
NO. Both natural parents are allowed access to the educational records of a child, unless the school has been informed that a parent is not allowed access due to some legal action. The fact that the parents are separated, and the mother has requested that the father not have access does not constitute a legal action.
(Show 1st bullet) Both natural parents are allowed access to the educational records of a child, unless the school has been informed that a parent is not allowed access due to some legal action. The fact that the parents are separated, and the mother has requested that the father not have access does not constitute a legal action. If the school does not have a legal document stating that a parent does not have access, then the school allows the natural parent access to his or her child's educational records.

58. Exercise 8: Kroger’s
While shopping at Kroger’s, an adult in the community asks you, "How is that new guy in your class doing? I heard that the police came to school this week to interview him." What information can you release concerning this student?
YES NO
(Show 1st bullet) While shopping at Krogers, an adult in the community asks you, "How is that new guy in your class doing? I heard that the police came to school this week to interview him." What information can you release concerning this student? Yes or No (Yes and No link to feedback)

59. Feedback 8: Kroger's
No information may be released to the community member concerning this student. This community member has no legitimate educational interest, and is not accessible to personally identifiable information concerning any student without written consent from a parent.
(Show 1st bullet) No information may be released to the community member concerning this student. This community member has no legitimate educational interest, and is not accessible to personally identifiable information concerning any student without written consent from a parent. An appropriate response could be, "Due to confidentiality laws, school employees are not permitted to discuss individual students without written parent consent."

60. Confidentiality of Records
Professional Development for
Educators Serving Children and
Youth with Disabilities
Sponsored by
Central Kentucky Educational Cooperative
Professional Development for Educators Serving Children and Youth with Disabilities
Central KY Special Education Cooperative staff has prepared this presentation as an overview of the laws affecting the confidentiality of student’s records. Each public school district is required to have policy and procedures concerning confidentiality. This presentation will address the general requirements for all districts, and is not intended to be specific to individual school districts. Please consult your local policies for specific procedures and timelines.

61. Thank you for participating in this professional development.

62. Copy this page for your records.