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CONFIDENTIALITY. ANNUAL REMINDERS. WHAT IS CONFIDENTIALITY?. Protecting information communicated in confidence Keeping private information with which you are entrusted in your work
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CONFIDENTIALITY ANNUAL REMINDERS
WHAT IS CONFIDENTIALITY? • Protecting information communicated in confidence • Keeping private information with which you are entrusted in your work • Keeping private things you learn about students, their families, or co-workers during the course of your work unless disclosure is required by law
CONFIDENTIALITY AND SCHOOL BOARD POLICY • The Board requires each school employee to: • Demonstrate positive behaviors which are conducive to mutual respect among students and staff • Maintain the dignity and self-respect of each student • Communicate effectively and professionally with parents
PRIVACY OF RECORDS POLICY • Information is available only to those who demonstrate a need to know • Information is used only for the purpose for which it was obtained • Only necessary and relevant information is obtained
WHAT ARE EDUCATION RECORDS? • Under FERPA “education records” include records that are (1) Directly related to a student; and (2) Maintained by an educational agency or institution or by a party acting for the agency or institution • Examples include, but are not limited to, grade books, class roll information, disciplinary records and e-mail
PRIVACY OF RECORDS POLICY • The individual has the right to review, challenge, and correct the record • A chain of access is provided
POSSIBLE CONSEQUENCES FROM BREECHES OF PRIVACY • By disclosing a student’s medical problems other than on a “need to know basis” as determined by the superintendent, principal and medical consultant, we take the risk of being sued for violating the legal rights of the student and the student’s family.
WHO HAS THE RIGHT TO KNOW? • The parent has the right to know • The parent determines which teachers have the need to know • Teachers only have the need if the information will impact education • All may want to know but not all have the need to know
POSSIBLE CONSEQUENCES If teachers, bus drivers, or staff members divulge confidential information to others, (either orally or in writing) they do so at significant risk to themselves. Failure to follow these guidelines can result in legal liability to you individually—as well as to the school system
GUIDELINES • Personal information is not yours to pass on to anyone else unless the person gives you permission to do so. • No one can be an effective member of the education profession if he or she cannot be trusted with personal information.
GUIDELINES • People are most vulnerable to breaking confidences with family members and friends. Activities can be shared but personal content cannot. • It is best to err in the direction of saying too little than saying too much.
GUIDELINES • Investigate incidents thoroughly before imposing any discipline • Limit disclosure of the reasons for discipline to those with need to know. • Keep testing data confidential. • Obtain signed release before releasing any data.
WHEN MUST CONFIDENTIALITY BE BROKEN? • Confidentiality must not be promised or kept if: • The person is of danger to himself/herself or of danger to others. • The person is being harmed by someone else.
Aides Child Nutrition Workers Teachers Maintenance Staff Custodians Bus Drivers Nurses/Health Room Workers Secretaries Administrators Volunteers Substitutes Extended Day Workers Counselors Media Specialists WHO PROTECTS CONFIDENTIALITY?