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Board Policies. Discrimination and Harassment BP AC Student Records (Confidentiality) BP JO Health Issues BPs JHC, JHCB, JHCD Child Abuse and Neglect BP JHG. Sexual Harassment. Behavior is unwanted or unwelcome. Behavior is sexual or related to the gender of the person.
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Board Policies Discrimination and Harassment BP AC Student Records (Confidentiality) BP JO Health Issues BPs JHC, JHCB, JHCD Child Abuse and Neglect BP JHG
Sexual Harassment • Behavior is unwanted or unwelcome. • Behavior is sexual or related to the gender of the person. • Behavior occurs in the context of a relationship where one person has more formal power than the other or more informal power such as one peer over another.
In the eye of the beholder… • Quid pro quo – favors or retaliation • Hostile environment • Standard used by Supreme Court – Conduct is considered sexual harassment if a reasonable person with the victim’s perspective would consider it so.
Do your part to maintain a harassment free school • Classroom atmosphere • Atmosphere of common areas • Talk to and teach students • If any harassment is reported to or witnessed by you, do not dismiss it. Report behavior to the principal. • Or report to Director of Special Services who is the Compliance Officer.
Board Policy AC includes discrimination and other types of harassment • Prohibits discrimination or harassment due to race, color, religion, sex, national origin, ancestry, disability, or age. • Grievance procedure is spelled out in the policy. • This is posted in the buildings, on the website and in handbooks of the District.
Confidentiality of Student Records and Information BP JO • HIPAA affects school when we receive health information. • FERPA (Family Educational Rights and Privacy Act) affects all school records. • Special Education laws closely parallel FERPA. • Not limited to formal files but includes handwritten documentation and email.
Staff emails • In Wisconsin, a lower court ruled that the teachers had to turn over their private e-mail messages due to the state’s open records law. • Wisconsin Supreme Court overturned the ruling. The dissenting justices expressed concern saying, “This ..prevents the public from discovering what public employees are doing during the workday, in the workplace, using equipment purchased with public funds.” • Your school email account is not your private email account.
Email records • Parents have a right to view electronic records concerning their child. • Bottom line: Parents’ rights trump any professional or privacy rights by teachers or administrators. • Just because you delete it, doesn’t mean it is gone or not able to be retrieved for the lawyers.
Parents have access and rights to all records. • Sole Possession Records - Your notes used as a memory aid (and not shared with anyone else) are an exception. Once they are shared, they become an educational record. • Must have written consent to release records to others unless the person or agency has a legitimate educational interest.
Release of information • New guidance has come out about release of student information in case of an emergency so that FERPA is not an obstacle. • Security camera footage is not considered an educational record. • “Parent” can be considered someone who is acting as a parent in the parent’s absence. • Remember, a parent must put in writing that they do not want even directory info released.
Important Points • Do not release information verbally if it is not to be released in print. • If in doubt, ask your principal about disclosing. • Nurses are going to be very strict about confidentiality – they have to be. • Ask a parent if it is okay to tell the class about a student’s health condition.
Tips about security • Keep student information secure. • Be sure access to your computer is secure. • If a parent requests a review of records, notify your principal. • Think about all the places that you store personally identifiable information. • Be sure you know who you are disclosing information to. If you are not sure, ask. • Don’t discuss information about a student that you know because you are a school employee.
Health Issues • Remember there are policies about students having medication at school. Send them to the office if they have medication with them. • Teachers will have red folders on students with special health care needs. • Training as needed from the nurse. Ask if you are not sure. **Wellness policy (ADF) still applies!!
Sending students to the nurse • Nurse pass is mandatory. • Full information is necessary. • Okay to try interventions • Talk to the nurse about concerns. • Share information from the parents with the nurse. • Injuries in practice, games and after school may need to be shared with nurse.
Social Worker Concerns School Supplies Brighter Futures – We have a District team that will screen all referrals to County team. Referrals are made after we have exhausted district and family resources. Child Abuse and Neglect reporting BP JHG. Report to your principal. They will consult with the Social Worker, nurse, counselor and other staff who may have knowledge of the case. You are a mandatory reporter.
On the horizon • By January 2012 additional procedures on teacher-student communications • Facebook and other social media – no exclusive contact • Additional training on recognizing signs of abuse
Questions about….. • Special Education/Speech • Section 504- Americans with Disabilities Act • Discrimination/Sexual Harassment/Title IX Coordinator • Student Records/Confidentiality • Title I Programs • Social Worker/Health and Wellness/Nurses • Preschool/Early Childhood Special Education • Parents as Teachers • English Language Learners • Homeless • Brighter Futures/Brighter Families • Homebound • Problem Solving Team/Teacher Support Teams
Try Asking…. Aaron Knipmeyer Director of Special Services Central Office 660-584-3631 knipmeyera@huskers.k12.mo.us