1. Confidentiality/FERPA (Family Education Rights and Privacy Act) and IDEA (Individuals with Disabilities Education Act)

2. A Legal Protection of Privacy A child’s educational records often contain private personal information about the child and the family

3. Confidentiality of Records In the course of determining a child’s eligibility for special education services and designing a program to meet the child’s needs, schools may acquire a good bit of information about a child. This information includes social and medical history. As well as medical and other personal information about the student and other members of the family

4. FERPA (Confidentiality) Family Education Rights and Privacy Act Key Legal Terms “Need to Know” those with “legitimate educational interest” This is considered to be those who act in the student’s educational interest, including faculty, administrators, clerical and professional employees, and other persons who manage student record information. “Personally Identifiable Information” anything that identifies a specific child. Example: If there is only one blond boy in the school and you say, “that blond kid in my class did this,” you have violated the FERPA. “Educational Record” Must be connected in some way to personally identifiable information and must be shared with another school district employee or placed in an filing system owned by the district. Beware, even sometimes, personal notes may be subpoenaed.

5. Viewing Student Records Must have a need to know in order to view student records The superintendent cannot look at student files unless he or she has a need to know, even though they are the highest ranking official of the district. When in doubt, don’t! It’s okay to ask for help and support.

6. Sharing Student Records Use the “need to know” standard Some people do not need permission Examples of people who do not need permission: School Districts in which a student is seeking to enroll. Biological parents Adoptive parents Legal guardian Individual acting as a parent in the absence of a natural parent or guardian DSS, when reporting abuse or neglect. Some people need written permission Examples of people who do need permission: Outside private agencies Family members not meeting the definition of a parent. Physicians When in doubt, don’t!

7. FERPA Examples Casual conversation in the teacher’s lounge, hall, etc. Sharing with your friends or family members Sharing with the student’s friends or non-guardian family members Can’t talk to grandma, aunt, etc. unless they are acting as the custodial parent or guardian

8. The South Carolina Public Charter School District keeps a record of parties obtaining access to education records collected, maintained or used under Part B of the IDEA (except access by parents and authorized employees of the participating agency), including the name of the party, the date access was given and the purpose for which the party is authorized to use the records. The South Carolina Public Charter School District, including each school within, maintains a list of authorized employees who have access to educational records. Each school needs to maintain a list of “authorized employees” For everyone else who is not “authorized” they will need to sign showing access to the file. See handout as a sample. The samples can be found on SharePoint.

9. Sample School File “Check out” Procedures Complete the orange “check out” sheet included in every active district file by providing… The date the file was removed The name of the person removing and keeping the file The reason the file was removed Place the orange card in the student’s empty hanging file To return files… Provide the date cross out the entire line Return the orange “check out” card to the front of the file Place the file in the student’s hanging file A Sample Form is included on SharePoint