1. Confidentiality Procedures
Troup County Exceptional Education

2. Confidentiality Includes
Privacy of Information
Protection of records
Confidentiality includes privacy of information:
Certain records and knowledge each of us has acquired about students with disabilities is private. It cannot be shared with anyone in the district who does not have a “legitimate educational interest.” It cannot be shared with anyone outside of the district without written parent consent.
Privacy includes what we say to others and the written information that we may give to others.
The most likely way of violating confidentiality is by what we say to others.
Confidentiality includes protection of records.
School districts must insure that confidential information is protected from unauthorized access. No one can easily get into those files.
School districts must insure that confidential information is protected from unauthorized disclosure. No one talks about confidential information. No one copies information from a file and sends it outside of the district.

3. Importance Sensitive information in files
Legal obligation to protect (FERPA, IDEA)
Ethical obligation to protect
Procedures established for disclosure
Sensitive information is included in special education files.
Intelligence and achievement scores
Health and medical history of students and family members
Diagnosis of mental health conditions
Diagnosis of disabilities
Teacher, counselor, psychological reports
We have a legal obligation to protect this information.
FERPA= Family Rights to Privacy Act (also known as the Buckley Amendment of This law outlines what is confidential and who may or may not have access.
IDEA= Individuals with Disabilities Acts (amendments of 1997). This law outlines special education procedures and specifies special education files as confidential and have protections in addition to FERPA.
We have an ethical obligation to protect student information.
As employees of the school district it is our obligation to help students.
Ethically we need to protect students from harm that may come from disclosing information about students.
Procedures have been established to protect special education records:
locked file cabinets
access logs
parent consent form for release of information
inservice training for all employees

4. What Information Is Confidential?
Personally Identifiable Information
Student’s name, parent’s name, address
Social security number
Personal characteristics
Other information that makes the student easily identifiable
Personally identifiable information is confidential. Directory information is permissible unless parents write to us to say they don’t want their child included in directory information. The directory cannot specify that a child is in special education.
The social security number is confidential.
Personal characteristics can include any description of the student that makes him or her easy to pick out.
Other information that makes students easily identifiable is the one we violate most often. A “made up” example: I have a child in my class with red hair and he is blind and he is really having a hard time in school and really doesn’t belong here. Is the student identifiable? Yes. If this sentence was spoken to someone who does not have a “legitimate educational interest” confidentiality was violated. These conversations are likely to occur in faculty rooms, at dinner tables, over the phone, in neighborhood gatherings, etc.

5. -continued Education Records
“everything in institutional records maintained for each student used in making decisions that affect the life of the student”
Education records used for special education are usually found in several places: the special ed teacher’s file cabinet, possibly in the permanent file, in service provider’s files: school psychologist, speech pathologist, etc.

6. -continued
Includes special education files and some information in the permanent file
the fact that the student is in special ed.
information read in reports
information gained by observing the student
information verbally disclosed by family or service providers
lists of students in special education
recorded video or audio tapes on the student
performance reports that include grades etc.
All of the information in the special education files is confidential. And, once a student is in special education information about the student that we gain from observation is confidential. This is where support staff often “know” about students with disabilities.
examples:
a student needs assistance carrying their lunch tray because of an observable cerebral palsy condition.
Or, a custodian finds the principal to help calm a student with a behavior problem and observes the out-of-control behavior.
Or, a bus driver issues a “ticket” to a student and then is told that the student is special ed and has a behavior plan
Information family members tell us becomes confidential -- even if it isn’t written down. Examples:
Teacher is informed by the mother that the student will be out of school for a week for some brain scans down in Salt Lake
The school lunch personnel are asked not to give a student certain foods because they may bring on a seizure

7. Confidentiality in E-mails
Consider how s are maintained. If the s are stored in a teacher’s in-box then that becomes student record if there are references to any type of identifiable information. Identifiable information includes the student’s social security number, school ID number, student’s name, initials, and date of birth.
Deleted s are not part of student record.
If there is no reference to the student, then the is not an educational record.
If you do not want to share information with the parent or the student and want to convey important information to the staff members, DO NOT send an . Have a phone or a face-to-face conversation.
If we don’t want a student or a parent to see an , delete it and do not print it.

8. How is Confidentiality Violated?
By verbally disclosing information to someone who does not “need to know”
By sending information or copies of reports to agencies or persons without written parent consent
By allowing unauthorized access
By verbally disclosing information to someone who does not “need to know”
This includes information we tell to others, answers to questions that others ask, and conversations that are overheard. Examples:
Teacher in one school to teacher in another school: I have a student with ____ (any identifiable condition) and she really has some behavior problems. She’s even been at the behavioral health center. I hope that Ritalin they have her on helps.
Aide at the supermarket approached by an acquaintance: “I hear you are the aide for ______ (any student in special ed) this year. I hear he’s really a handful. What are you doing for him?” Almost any answer is a violation of confidentiality other than: “my work at the school is confidential”
By sending information without parent consent:
Example: Physician calls up and asks us to fill out a behavior checklist and send it back.
By allowing unauthorized access.
Example: A social worker from a private or public agency walks into the school and demands to see the file for a student.
Or, we leave confidential papers out on desks including IEPs, invitations to IEP meetings, behavior plans, etc.

9. What Can Happen When Confidentiality is Violated?
Students and families can be hurt
Trust can be lost
Employees can lose jobs
School districts can be sued
Students and families can be hurt
We live in a small community. Word spreads very quickly and great damage can be done. The hurt can be in loss of reputation, loss of opportunity, and lowering of expectations.
Trust can be lost
Families may not trust the schools to take care of their child and keep the child from the harm that lack of confidentiality can do. Families may remove their child from school or from special education.
Employees can lose their jobs
Confidentiality is the law. Because confidentiality is a serious consideration, employees who violate confidentiality can lose their jobs.
School districts can be sued
When confidentiality is violated, school districts can be sued through civil courts.

10. How is Confidentiality Preserved?
Special education records are maintained in a locked cabinet.
Access is denied to those who do not have a “legitimate educational interest”
Access is denied to outside agencies that do not have written parent consent
Locked file cabinet:
Usually kept in special education teacher’s room, school psych. files in the district office, speech files. Sometimes in the school office.
Access is denied . . .
“legitimate educational interest” is usually limited to those who are directly serving the student THIS YEAR.
Access is denied to outside agencies . . .
All outside agencies (except the state department of education or the federal government in monitoring special ed. programs) must have written parental consent before we send information -- either verbally or written information. This includes physicians, counselors, case managers, . . .

11. How is Confidentiality Preserved?-continued
Employees respect the student and family right to privacy
Access logs are used
Employees learn how to “field” questions from others who request confidential information
Employees respect the student and family right to privacy
Make a commitment to respecting confidentiality and implement in your daily routine. Avoid situations where confidential information is discussed or even worse where confidential information is “humorous.”
Access logs are used.
Access logs must be placed in every confidential file. The log needs to be signed by everyone who has access to information from the file. Classroom teachers should be signing the log. The purpose is to let parents know who has been in the file.
Employees learn how to answer questions.
Practice with others in the school. This is the hardest of all!

12. Protection of Records: Records Request
All records request should be forwarded to EEC. Records clerks will ascertain that the student has been withdrawn and then forward records to the receiving school.
When a third-party requests records, forward that request to EEC. We give records to parents and parents then provide that information to the third-party.
Be sure to post the current authorization to access records in a conspicuous space in the classroom.

13. Parent’s Access to Records
Parent(s) will have to make a formal request to the director or school principal.
Within 10 days an appointment should be scheduled to review records at EEC or at the school. The records should be made available for review within 45 days of the parent request.
Teachers/Therapists should make all records available to administrators
The administrator or a designee should be present when parent is reviewing the record.
Any reasonable request for a copy of the records will be provided free of charge to parent.

14. Parent Request to Amend Records
A parent request to amend records should be made in writing to the director or the principal.
School should consider the request and if appropriate should amend the record.

15. Questions 1. I have an ADHD student, can I call his doctor?
2. I have a student receiving outside counseling; the counselor called me. What can I talk about?
1. NO. Not without written parent consent. Need HIPAA release
2. Nothing. Unless you have written parent consent. Always be aware of “legitimate educational interest” -- outside counselors may have little to do with education.

16. Questions
3. I have a student in my class on an IEP, can I read the IEP? Can I have a copy of the IEP?
Should I sign the access log if I read the IEP or other information in the special ed. file?
I’m not certified employee, does confidentiality apply to me?
3. You SHOULD read the IEP! You may be responsible for implementing portions of the IEP. Don’t keep a copy unless you want to maintain it as a confidential file -- locked, with an access log.
4. YES.

17. Answers to Questions
You cannot call the doctor unless the parent signs the form for “Release of Information” and a “HIPPA release.” You are limited by the form to the type of information released.
Without a signed parental release you can talk about nothing – not even the fact that the student is in your class.

18. Answers to Questions
Teachers have a responsibility to read the IEP. If you would like a copy, please consider it to be confidential and keep it in a locked file drawer and don’t share it.
Yes. Sign the access log.
Most employees of the district know information about students that is confidential. You may know who is in special education; or who has a seizure disorder; or services a student receives. Respecting confidentiality is critical for all employees.

19. Reference: www.d251.k12.id.us/DO/Technology
Questions?????
Reference: