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CONFIDENTIALITY TERMS SYMPOSIUM

CONFIDENTIALITY TERMS SYMPOSIUM. Todd Sussman, LMHC, LMFT, Privacy Officer Ana Segura, Assistant General Counsel. RIGHTS OF STUDENTS. Students have the right to expect that schools will keep student records safe, secure, and private. --Code of Student Conduct. PRIVACY LAWS.

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CONFIDENTIALITY TERMS SYMPOSIUM

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  1. CONFIDENTIALITY TERMS SYMPOSIUM Todd Sussman, LMHC, LMFT, Privacy Officer Ana Segura, Assistant General Counsel

  2. RIGHTS OF STUDENTS • Students have the right to expect that schools will keep student records safe, secure, and private. --Code of Student Conduct

  3. PRIVACY LAWS • Family Educational Rights and Privacy Act (FERPA) • Florida Statutes 1002.22 and 1002.221 (Education records) • No Child Left Behind Act (NCLB) • Florida Statute 119.071(4)(d), Public Records

  4. DISTRICT POLICIES • Student Records: Confidentiality and Family Educational Rights (Policy 5100.1) • Code of Student Conduct (Policy 5.8)

  5. LEGITIMATE EDUCATIONAL INTEREST • Exists when a school official needs to review an educational record in order to fulfill his or her professional responsibility.

  6. SCHOOL OFFICIAL • Person employed by the District as an administrator, supervisor, or support staff member… • Person or company with whom the District has contracted to perform a special function that would normally be performed by SBBC personnel (such as an attorney)…

  7. EDUCATIONAL RECORD • Maintained by a school district • Directly related to a student • Includes: • Grades • Test scores • School health records • Transcripts • Family background information • More

  8. DIRECTORY INFORMATION • A subset of educational records • Personally identifiable information in a student’s education records…that would NOT generally be considered harmful or an invasion of privacy if disclosed. • The District chooses the types of information considered “directory information.”

  9. DIRECTORY INFORMATION • Clarified and added types of disclosures in new Code of Student Conduct (FERPA Opt Out Form) • a. Colleges, universities…institutes of higher education… • b. School publications… (including websites) • c. Agencies that provide food, shelter, or clothing…

  10. FLORIDA STATUTE 119.071(4)(d) • 119.071 General exemptions from inspection or copying of public records • (4)(d) Selected gov’t. agency personnel (plus spouses and children) • Active or former sworn or civilian law enforcement personnel • Firefighters • Justices and judges • State attorneys • Many more (Consult with Office of the General Counsel when a request is received.)

  11. FS 119.071 (continued) • Information that cannot be disclosed • Home address • Telephone number • Social Security number • Photograph • Date of birth • Place of employment • Requests for exemptions must be provided in writing.

  12. OPT OUT FORMS, REQUESTS FOR EXEMPTIONS … AND TERMS • The next presenter will discuss the “how to” part pertaining to TERMS. • Please note: to comply with the law, you must adhere to the requests on the Opt Out Forms and/or any requests for exemptions.

  13. PRIVACY OFFICERCONTACT INFORMATION • Todd Sussman • 754-321-1914 • KCW, 11th floor, Risk Management Dept.

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