Confidentiality

1. Confidentiality Coweta County School System Department of Special Education August 2011

2. Confidentiality Confidentiality is an ethical principle that relates to the duty to maintain confidence and thereby respects the privacy of individuals.

3. Confidentiality Laws IDEA Confidentiality Regulations Individuals with Disabilities Education Act of 1997 (§300.560-300.577) FERPA Regulations • Family Education Rights and Privacy Act of 1974 (US Code, Title 20, Section 1232g) and Implementing regulations in 34 CFR part 99. • Family Education Rights and Privacy Act (FERPA)

4. IDEA and Confidentiality • Destruction means physical destruction or removal of personal identifiers.*The retention/destruction schedule is regulated by the GA Secretary of State. • Participating Agency means any Agency or institution that collects, maintains or uses personal information or from which it is obtained under part B of the Act. • Education Records as defined under 34 Code of Federal Regulations part 99 (FERPA 1974).

5. FERPA and Confidentiality • Family Education Rights and Privacy Act (FERPA) is a federal statute. • Ensures that parents have access to their children's educational records. • Protects the privacy rights of parents and children by limiting access to these records without parental consent. • Breach of confidentiality could carry monetary fines or prison time.

6. IDEA and FERPA • These Federal Laws restrict disclosure of information from student records. • Compliance with FERPA is necessary if schools are to continue to be eligible to receive Federal Education Funds.

7. What FERPA does… • Defines and protects the Privacy of Student Educational Records on paper and computer (this includes formal and informal notes, emails, microfilm, video, audio, and photographs) • Gives Parents and Students (who are of age) the right to review and confirm the accuracy of educational records.

8. Educational Record • Any record that contains personally identifiable information that is directly related to the student is an educational record under FERPA. This information can also include records kept by the school in the form of student files, student system databases kept in storage devices such as servers, or recordings or broadcasts which may include student projects.

9. Education Record includes: • Date and place of birth • Parents and/or guardian addresses and emergency contacts • Grades, test scores, courses taken, official letters regarding a student’s status in school • Special Education Records • Disciplinary Records • Medical and Health Records • Attendance, schools attended, awards and degrees • Personal information such as SS#, picture, and any other information that would make it easy to identify or locate student • **Your notes and emails about a student or students

10. Right To Inspect And Review Records • Right to review records within a reasonable period of time of written request • Right to have representative review records • Right to response to requests for explanation and interpretation of records • Right to inspect only information related to own child • Rights extend to both parents unless otherwise indicated by law • Right to obtain copies of records www.amaisd.org/speced/SpEdLinks/05.Confidentiality_files/05.Confidentiality.ppt

11. Why should you worry about FERPA? • Loss of Parent Confidence! • Lawsuits • Dismissal • Loss of Certification • Monetary Fines • Prison time

12. “LEGITIMATE EDUCATIONAL INTEREST” • There must be a legitimate need to know basis for sharing student information. • Confidentiality is very important to establishing and maintaining strong teacher-parent/teacher-student relationships. • It is important that teachers are aware of the rights of individuals to privacy and to respect the confidential nature of information concerning students. • A teacher; however, may consult and collaborate with other professionals for purposes of more effectively helping the student.

13. Safeguards • The superintendent or designee shall ensure confidentiality. Access of unauthorized personally identifiable information without parental consent is forbidden. • All persons who work with confidential information shall receive instruction concerning policies and procedures.

14. CCSS Policies and Procedures • CCSS shall maintain a current list of the names and positions of employees in the school who may have access to confidential student files. This list shall be posted where the records are housed. • When educational records of students are released, the system shall maintain a record in the file of those who have had access to the records and for what purpose.

15. CCSS Policies and Procedures • Provide the parent or eligible student access to the records • Specify in writing the persons receiving records shall not permit access to a third party without the consent of parent consent (Consent to Release Information) • Transfer information used in making special education decision to another system which the student plans to attend • (Parent consent not needed) • Parents are notified that records are being sent to another system and upon request, may receive copies of any and all records transmitted

16. Destruction of Records • Records are not destroyed if there is an outstanding inspection request • Parents informed when information is no longer needed • Information no longer needed destroyed at parents’ request • Permanent record maintained www.amaisd.org/speced/SpEdLinks/05.Confidentiality_files/05.Confidentiality.ppt

17. Confidentiality Violations • Do not… • Share emails about students and/or parents. • Discuss students and/or parents in inappropriate places: Facebook, MySpace, and emails. • Share information and/or gossip about students and parents with family members, spouses, siblings, friends, colleagues. • Chit-chat about students and/or parents at Wal-mart, Kroger or Publix, the soccer field, the baseball field, etc. **You never know who is watching, reading, and/or listening!

18. Email: Words of Caution • "E-mails are the most negative part of students' records, because people send e-mails so quickly without thinking about what they are writing." Susan Freedman, Attorney with Shipman & Goodwin LLP in Hartford, Conn. • “School staff members must realize that when they send an e-mail, they are creating written documentation that could potentially wind up in the student's file or be used as evidence in a due process hearing or a state complaint.” Patrick Andriano, a school attorney with Reed Smith LLP in Richmond, Va. • "Even a seemingly simple inquiry" can create the impression, real or perceived, that the district has failed to comply with the law.” Patrick Andriano, a school attorney with Reed Smith LLP in Richmond, Va. www.austincc.edu/faculty/newsemester/spring11.pdf

19. When in doubt, the teacher should… • remember that confidentiality resides with the • student • advise administration • request help • know the pertinent laws and regulations • be accountable for decisions regarding students • above all, act professionally • http://smhp.psych.ucla.edu/qf/confid_qt/understandingconfidentiality.pdf

20. Stop and Think • Share only educationally relevant information about a student who has transitioned to another grade or school • Faculty may access records without written consent only if they are acting in the student’s educationalinterest and have a demonstrated need to know.

21. References • Confidentiality (2005) [Data file]. Amarillo, TX: Amarillo Independent School District. Retrieved July 28, 2011, from http://www.amaisd.org/speded/SpEDLinks/05.Confiidentiliaty_files/05. • Manitoba Teachers' Society Understanding Confidentiality. Excerpted from: Confidentiality-Protocol for Handling Issues of Confidentiality in Public. Retrieved August 4, 2011 from http://smhp.psych.ucla.edu/qf/confid_qt/understandingconfidentiality.pdf. • National Forum on Education Statistics. (2006) Forum Guide to the Privacy of Student Inforation: A Resource for Schools (NFES 2006-2008). U.S. Department of Education. Wachington, DC: National Center for Statistics. • SmartStart: FERPA -- Inspection and Review on Special Ed Connection. Retrieved January 27, 2011, from http://www.austincc.edu/faculty/newsemester/spring11.pdf. • Wright, P. W. D. and Wright, P. D. (2006) Wrightslaw: Special education law, (chap. 9). Retrieved July 28, 2011, from http://www.wrightslaw.com/info/ferpa/index/htm.