Transcript FERPA for Secretaries - Dillon School District Four

Family Educational Rights and Privacy Act
And
Technology Related Policies and
Procedures
Security and
Confidentiality
of Information
Classified Employees
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A Federal Law that protects the privacy of student educational
records. The law applies to all schools that receive funds under
an applicable program of the U.S. Department of Education.
(School Lunch/Breakfast Program, I.D.E.A., Title Programs, etc.)
Board Policy JRA Student Records, Administrative Rule JRA-R
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Certain rights with respect to their children's education records.
These rights transfer to the student when he or she reaches the
age of 18, or attends a school beyond the high school level.
Students to whom the rights have transferred are “eligible
students.”
Parents or eligible students have the right to inspect and review the
student’s education records maintained by the school.
Parents or eligible students have the right to request that a school
correct records which they believe to be inaccurate or misleading. If
the school decides not to amend the record, the parent or eligible
student then has the right to a formal hearing. After the hearing, if
the school decides not to amend the record, the parent or eligible
student has the right to place a statement with the record setting
forth his or her view about the contested information.
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schools must have written permission from the parent or eligible
student in order to release any information from a student's
education record. However, FERPA allows schools to disclose those
records, without consent, to the following parties or under the
following conditions (34 CFR § 99.31):
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School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a
student;
Organizations conducting certain studies for or on behalf of
the school;
Accrediting organizations;
To comply with a judicial order or lawfully issued subpoena;
Appropriate officials in cases of health and safety
emergencies; and
State and local authorities, within a juvenile justice system,
pursuant to specific State law.
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May disclose, without consent, "directory" information such as
a student's name, address, telephone number, date and place
of birth, honors and awards, and dates of attendance.
However, schools must tell parents and eligible students about
directory information and allow parents and eligible students a
reasonable amount of time to request that the school not
disclose directory information about them.
Schools must notify parents and eligible students annually of
their rights under FERPA.
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The primary use for Directory Information by the District is to include this type of
information in certain school publications. It is generally not considered harmful or an
invasion of privacy if released. Examples of school publications are:
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Directory Information can also be disclosed to outside organizations without a
parent’s prior written consent. Outside organizations include, but are not limited to:
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a playbill or program, showing a child’s role in a drama or music production
the annual yearbook
honor roll or other recognition lists published at school or in newspapers
graduation programs
sports statistics listed in programs, such as football which may include height and weight of
team members.
other schools the student is seeking to attend (transcripts, etc.)
class ring manufacturers
state or federal authorities auditing, evaluating programs or enforcing state or federal laws
a court by order of a subpoena
Schools must notify parents and eligible students annually of their rights under FERPA.
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Student health records and special education information is
also protected under FERPA.
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As a school employee you
must be careful not to
discuss any educational
program information
relating to students with
anyone who does not have
a need to know.
Any information directly related to a student, specifically any
information recorded in any way, including, but not limited to:
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verbal conversation
handwriting
print
computer media
video or audio tape
film
microfilm
microfiche
• Any information maintained by educational agencies or
institutions, or by parties acting for the agency or institutions
(e.g., special education schools, and health or social services
institutions)
Information should not be disclosed (verbal or
written) which could identify a student as one
who receives special services outside the scope
of those who need to know in order to provide
such services. This includes but is not limited
to such examples as:
1. Conversations with family and friends
2. Conversations with staff members without
“need to know”
3. Newsletters
4. Memos to staff
5. Faculty bulletin boards
6. Newspaper articles and/or photos
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A female student reported that her
picture was held up as an example
of information available in a new
lunch system, library system, etc.
The student was upset about the
public display of her picture, and
also was concerned about other
possible inappropriate uses of her
picture.
The student ID picture is defined as
confidential and should not be used
or displayed in any public setting
without the student's permission.
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At a church gathering, Jane Doe
who works at the local school is
sitting next to a long-time friend,
Sally Smith. Sally asks Jane if she
knows the new family in town,
the Brown’s. Jane said she does
and that the children go to her
school. Sally asks Jane if there is
anything strange about the family
– the children are up at all hours
and causing trouble in the
neighborhood. Jane tells Sally
that one of the children has some
serious problems and is receiving
special classes and counseling.
Is this a violation of F.E.R.P.A.?
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A bomb threat is called in to one of the schools.
Susan, the school secretary calls one of her friends,
Carol, in another school to tell her about the
incident. Carol asks Susan what happened and did
she need to come and get her child. Susan tells
Carol, no John Brown’s son Jimmy, called in the
bomb threat.
Is this a violation of F.E.R.P.A.?
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A student complained that grades could be seen on an
office computer and he could see not only his own
grades, but grades for the whole class. Isn't that getting a
little picky?
A: No, actually, it's not. Everyone who deals with
protected student information needs to be cautious about
"passive" and unintended releases of information. This
includes leaving information visible on your desk or
walking away from a computer screen that displays
student information. We even need to be alert to where
monitors are placed, so that they are not visible through a
window or doorway.
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A bus driver had to break up a fight on the school bus. The
driver is very frustrated and tells the other bus drivers that
Suzy Smith is a terror and that she started a fight on the
school bus today.
Is this a violation of F.E.R.P.A.?
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YES!!!
The other drivers do not have a need to know
this information.
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A housekeeping or maintenance staff member has to go to a
school and clean up a break-in. As they talk to other
housekeeping or maintenance staff, they tell them that those
Jones boys are trouble – they had to clean up from a break-in
that those boys did at the school over the weekend.
Is this a violation of F.E.R.P.A.?
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YES!!!
There was not a need to know this
information about these children.
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A cell phone has been confiscated and handed to you. You
scroll through the contacts and then read the text messages
logged into the phone. You decide to call someone from this
phone to identify the owner of the cell phone.
Is this a violation of F.E.R.P.A.?
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YES!!!
You do not have a need to know the private
contents of the cell phone.
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John Brown is creating a disturbance in a classroom. You use
the walkie talkie and tell the School Resource Officer or an
administrator that John Brown is in Mrs. Johnson’s classroom
creating chaos.
Suzy Smith is disrupting the cafeteria. You call on the
intercom for the School Resource Office to get Suzy Smith
from the cafeteria.
Is this a violation of F.E.R.P.A.?
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You should ask the School Resource Officer to call you on a
secure land line or to come to the office and discuss in
private.
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You print a list of all students that have custody restrictions
and post it by the PA system or the checkout desk.
Is this a violation of F.E.R.P.A.?
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This type of information should never be
posted. Only those with a “need to know”
should have access to this information.
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You have a jump/flash drive saving
information to transport to another computer
or home. Are you liable for all of this
information?
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The person and the District
are liable. If you are using a
jump/flash drive and you
lose it or it is stolen, you
must report it immediately
to the Director of
Technology.
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The teacher or teachers that work
with the particular students.
The principal or other administrative
personnel. (This does not include
secretaries, custodians, or other
support staff that does not directly
work with the individual student.)
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Criminal charges may be filed
against:
◦ You
◦ The Superintendent
◦ The Board of Education
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Personnel Information (Board Policy GBJ Personnel Records
and Files)
An employee’s personnel file includes records and documents
concerning the employee.
Access to the file is limited to:
 Employee’s school principal/immediate supervisor
 Superintendent
 School officials involved in the evaluation process
 School Board if involved in promotion, demotion, suspension or
dismissal
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Payroll information is placed in a separate file and this
information is limited to persons involved in payroll.
◦ (Employees may not discuss specific personnel and payroll
information with any other school or district personnel as well as
with anyone outside of the school district. Any questions
concerning these matters should be directed to the immediate
supervisor.)
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Staff Conduct (Board Policy GBE Staff Rights and
Responsibilities) (Board Policy GBEA Staff Ethics/Conflict of
Interest)
May not use or disclose confidential information in the course
of employment
All staff members have a responsibility to make themselves
familiar with, and abide by, federal and state laws as they
affect their work.
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Use of Computers (Board Policy IJNDB Use of Technology
Resources in Instruction) (Faculty and Staff Acceptable Use
Policy)
Only expect limited privacy of contents of any personal files
Do not provide your password to another person
Do not provide access to district computer systems to
anyone, especially non-employees
Email should be primarily used for school-related business
Do not send spam, chain letters, jokes, etc.
District does not monitor email, but monitors the system.
However, email may be requested in eDiscovery or FOIA
requests.
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Electronic Mail Retention Procedures (Article 9 General
Retention Schedules for School Districts)
Email may be accessible to the public and some should not
depending on the content of the record as determined by
FOIA, FERPA, and HIPAA.
Email is archived and retained for 7 years
Email signatures should contain:
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User name
Title
School/Office
School/Office
School/Office
School/Office
name
address
phone number
fax number
No other messages may be added to the signature
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When you use a district purchased/owned computer, you are
responsible for all activities that occur with that computer at
any time of the day.
Your login and password are confidential. If you login into the
computer, you are responsible for all activity on that
computer. This is why you should never leave your computer
unattended or let anyone use your computer while it is
logged in under your name.
If you take a district computer home, you are responsible for
all activity that occurs on that machine. It is monitored and
retrieved.
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Employee Use of Electronic Communication
An employee will not use an electronic
communication device, including a cellular phone
or other mobile communications device, while on
duty. This includes, but is not limited to,
receiving or placing calls, text messages, surfing
the Internet, checking phone messages or
receiving or responding to email. Cell phones
should be turned off at all times.
An employee will not allow a student to use the
employee’s cell phone for any purpose.
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Employee Use of Electronic Communication with
Students
Dillon School District Four prohibits any type of
personal relationship between a school employee
and a student that may be reasonably perceived
as unprofessional.
Students will not be contacted using personal
employee cell phones through calls, photos or
texting.
Employees will use land line phones to contact
students, if approved by the building
administrator.
Employees will not use social networking sites to
communicate with students.
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Employees may post information for students such as
homework, practice schedules, etc. on district
sponsored websites.
Employees will not post any student or group
photographs on any website that is not the official
school district website(s).
Employees may not contact students using a
student’s personal email accounts (such as
yahoo.com, etc.).
Employees may not use their personal email accounts
to contact students (such as bellsouth.net, etc.).
All email between employee and student must be
through the district email system.
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Employees are encouraged to block students
from viewing personal websites or online
networking profiles.
If an employee creates and/or posts
inappropriate content on a website or profile and
it has a negative impact on the employee’s ability
to perform his/her job as it relates to working
with students, the employee will be subject to
discipline up to and including dismissal.
Employees will not use text messaging to contact
students. This includes, but is not limited to:
coaches, club sponsors, band and cheerleaders.
Formal district communication systems will be
used.
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Employees may use the school district calling
system to contact parents/legal guardians
and provide information regarding practice
schedules, club activities, etc.
(Cf. IJNDB, GBEB, GBEBB)
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Inform your
Superintendent or
Principal
Inform your school
Attorney
Inform your
insurance company
if a formal
complaint is made
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When in doubt – don’t give it out.
Refer requests for student academic information to the
appropriate school office.
Information on a computer should be treated with the same
confidentiality as a paper copy.
Do not leave confidential information displayed on an
unattended computer.
Cover or put away papers that contain confidential information
if you are going to step away from your desk.
Do not provide anyone with student schedules or assist anyone
in trying to locate a student on campus that is not part of the
school staff. Refer them to the school office.
Do not discuss any student or staff information with anyone that
does not have a “need to know”
Never discuss student or staff information with anyone outside
of the school.
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Never say
anything bad
about a child or
staff member
with whom you
are working!
If it isn’t positive,
don’t say it!
Treat all students
and staff as you
would like to be
treated!