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Confidentiality

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  • pg 1
									   SOME KEY
CONSIDERATIONS
  CONCERNING
CONFIDENTIALITY
1. When discussing a student with other
   parties who have a legitimate educational
   interest in the information, staff should
   exercise discretion, professional judgment
   and extreme caution in their comments
   about a student.

   Conversations should take place in a setting
   where remarks cannot be overheard.
2. Staff should be strongly cautioned against
   taking records home, and storage of
   records (whether copies or originals) at
   home should be forbidden.
3. Remember: there is no general exception
   for disclosures to “friendly” agencies, such
   as the police, mental health or SRS.

   Education records of students and PII from
   records should not be disclosed unless there
   is a proper parental consent to release or
   one of the exceptions applies.
5. Rules apply to all staff members with
   access to records.

   Clerical staff, paraprofessionals,
   substitutes, bus drivers, etc., should
   receive training on confidentiality.
                FERPA DEFINITIONS

"RECORD"
     Any information recorded in any way, including, but
     not limited to, handwriting, print, film, computer
     media, video or audiotape, microfilm, and
     microfiche.

"EDUCATION RECORDS"
   Records which are: directly related to a
   student and maintained by an educational agency
     or institution or by a party acting for the school
     district.
  (Does not include: Records of that are kept in the sole possession of
  the maker; and are used only as a personal memory aid; and are not
  accessible or revealed to any other person except a temporary
  substitute for the maker of the record.)
“PERSONALLY IDENIFIABLE
  INFORMATION” (“PII”)

Includes, but is not limited to:

• The student’s name, or the name of the student’s
  parent or other family member, or the address of the
  student or student’s family; and

• A personal identifier, such as the student’s social
  security number or student number;

• A list of personal characteristics that would make the
  student’s identity easily traceable, or other
  information that would make the student’s identity
  easily traceable.
“PARENT”

 A parent of a student and includes a natural parent, a
 guardian, or an individual acting as a parent in the
 absence of a parent or guardian.



 The school district shall give full rights under FERPA
 to either parent, unless it has been provided with
 evidence that there is a court order, State statute,
 or legally binding document relating to such matters
 as divorce, separation, or custody that specifically
 revokes those rights.
“DISCLOSURE”


 To permit access to, or release/transfer/other
 communication of, PII contained in education record
 to any party, by any means, including oral, written, or
 electronic means.

 Written consent is needed to disclose unless to a
 school official with legitimate educational interest.
"SCHOOL OFFICIAL WITH A LEGITAMATE
  EDUCATIONAL INTEREST“

…Any teacher, administrator, supervisor, other
 professional or service provider employed by or
 contracted with the District to provide educationally-
 related services…
  (including, but not limited to, consultants, attorneys, auditors, insurers,
  evaluators, therapists, support staff, tutors, paraprofessionals, health
  staff, transportation staff, athletic staff, extra- or co-curricular
  activity staff, substitutes, assigned student teachers, interns,
  volunteers, teacher's aides,… or school board member)


…who needs information relating to a particular student
  in order to carry out his/her official duties for the
  District.
SPOT THE ISSUE – IF THERE IS ONE
            (FERPA)
Paula Parent enters to the school office, wanting
to make an appointment with the principal.
While waiting, she overhears the following
discussion between two staff members behind
the counter:
    “Did you see that Billy Bad this morning, when
Mrs. Teacher sent him down to talk with Mrs.
Principal? He was practically foaming at the mouth.
“What do you expect? You know what they say: the
apple doesn’t fall far from the tree. When Mrs. Bad
arrived, she lit into Mrs. Principal with the foulest
language I have ever heard. Some people!”
Bob Bus Driver fills out a discipline referral
form. It reports:
    “This morning on my first run, Johnny Jump Up
started teasing Sammy Silence from his seat in the
back of the bus. Sammy talked back to him.
Johnny jumped up out of his seat and ran down to
the front of the bus, screaming that he was “going
to get” Sammy.
    “I spoke over my shoulder, telling Johnny to sit
down immediately. He kept coming. By the time I
could safely pull the bus over, Johnny and Sammy
were punching each other in the aisle. Sammy had
Johnny down on his back, and was punching away.
    “Johnny started the fight; Sammy had been
reading in the seat behind me before all this
started.
E-mail from Classroom teacher to Sped Case
 Manager:

CT: “Thanks for the heads-up on Johnny. His
  mother came in yesterday; what a piece of
  work! I don’t see how we can continue to have
  him in the classroom; it’s not helping him, and
  the disruption has become significant. I don’t
  care what she says, we’ve got to move him to a
  special class. What hoops do we have to jump
  through to get there?
Conversation between Isadora Instructional
Assistant and her husband:
    IIA: “Honey, how would you feel if I changed jobs?”

    H: “What’s up; I thought you loved your job.”

    IIA: “I did until this year. They’ve got me guarding Billy
Bad. He’s always in trouble. He’s rude to me, and today he
kicked me when I told him he needed to come in from the
playground. I know that he’s been found to be emotionally
disturbed, and is on an IEP and everything, but this is just
too much for me.”
          Remember
When discussing a student with other
parties who have a legitimate
educational interest in the
information, staff should exercise
discretion, professional judgment and
extreme caution in their comments
about a student (whether verbally,
electronically or in writing).

								
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