Transcript Formal Annual Confidentiality Training System

Formal
Annual
Confidentiality
Training
System
Get the F.A.C.T.S.
What is confidentiality?
Confidentiality is an ethical responsibility
to respect an individual’s right to control
personal information and access to it.
Confidentiality is the obligation not to
disclose private information without
permission.
Everyone in education
has a professional and
legal responsibility
to safeguard
the confidentiality
of information about
students and
their families.
What information is considered
to be confidential?
Confidential information includes private or
"personally identifiable information":
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the student's name
names of the student's family members
address
Social Security Number
any personal characteristics or other information that
would make the student's identity easily traceable
• information regarding physical, mental, or emotional
abuse
• information regarding family problems; substance
abuse; criminal behavior; sexual activity; or suicidal
thoughts or acts
Why is protecting confidentiality
important?
Protecting confidentiality is a constitutional right
that is rooted in the 14th Amendment.
We maintain confidentiality out of respect for the
individual and the individual’s right to privacy.
Protecting confidentiality
• ensures personal safety,
• safeguards against the disclosures that may cause
discrimination,
• protects against prejudicial treatment by school
personnel or peers.
Confidentiality builds trust.
Ensuring confidentiality protection
builds trust between students (and
their families) and school
professionals. This trust helps to
promote participation in programs,
such as mental health or Special
Education programs that are designed
to help students become more
successful.
CIRCUMSTANCES THAT WARRANT
PARTICULAR SENSITIVITY
Particular sensitivity is needed with regard to
HIV status,
mental health history,
suicide information,
substance abuse,
criminal behavior, and/or
sexual activity .
CIRCUMSTANCES THAT WARRANT
PARTICULAR SENSITIVITY
Particular sensitivity is needed with regard to
family problems,
child abuse,
domestic violence, and/or
immigration status.
Another particularly sensitive
topic is an individual’s Special
Education history.
This is carefully addressed under
federal and state laws and
regulations.
Who should be trained?
All members of the school staff, including
volunteers, are required to participate in
confidentiality training each year.
MAKE RESPONSIBLE
DECISIONS
Information regarding the importance of
confidentiality and proper maintenance of
Special Education records is disseminated. This
information is in your booklet and will be
discussed today.
School personnel are required to be aware of
the law; therefore, the Family Educational Rights
and Privacy Act, the Protection of Pupil Rights
Amendment, and Special Education information
is discussed.
FERPA
THE FAMILY EDUCATIONAL
RIGHTS AND PRIVACY ACT
FERPA is the Family Educational Rights
and Privacy Act. This is a federal law that
protects the privacy of student education
records. The law applies to all schools that
receive federal funds.
WHO IS A PARENT?
"Parent" includes
• a natural parent,
• a guardian, or
• a person who is acting as a parent in the absence of a parent or
a guardian.
FERPA gives parents certain rights with respect to their children's
education records. A school gives full rights to either parent, unless
there is a legally binding document that revokes these rights. 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."
"Parent" will also apply to adult "eligible students."
"Disclosure" means the release of or access to private
information contained in education records.
Private or "personally identifiable information" includes
such information as the student's name, address, or
Social Security Number.
Disclosure may be through oral, written, or electronic
means.
"Education records" are those school records that directly
relate to a student.
"Destruction" means physical destruction or removal of
personal identifiers from information so that the
information is no longer personally identifiable.
A “participating agency" is any institution that collects,
maintains, or uses personally identifiable information.
What are the rights addressed
in the Family Educational
Rights and Privacy Act?
Parents and eligible students have the right
to the following:
• To inspect and review the student's
education records.
• To request that a school correct records
that the parent believes to be inaccurate or
misleading.
PERMISSION TO RELEASE
INFORMATION
Generally, schools must have written permission from
the parent in order to release any information from a
student's education record.
FERPA allows schools to disclose those records without
consent when
there is a legitimate educational interest, and/or
a student enrolls in another school.
Records may also be released to
auditors,
evaluators, and/or
authorities who are enforcing laws.
DIRECTORY INFORMATION
Schools may release "directory" information without
parental consent.
Directory information includes information, such as
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a student's name,
address,
telephone number,
date and place of birth,
honors and awards, and
dates of attendance.
Schools must provide an opportunity for parents to
request that the school not disclose directory
information.
Schools notify parents each year of their rights as
parents and their children’s rights.
Schools provide to parents a summary of the policies and
procedures.
Schools must inform parents about their rights to
• inspect and review the student's education records,
• ask for amendment of the student's education records when the
parent believes them to be inaccurate or misleading, and
• provide parental consent for disclosures of personally identifiable
information from education records.
The school must provide
• information for filing a complaint;
• the school official making the request;
• A statement setting forth the legitimate educational interest;
• contact information for requesting access of education records;
• the types of information sought, the methods used in gathering
the information (including the sources from whom information is
gathered), and the uses to be made of the information..
• Before the disclosure of education
records, schools are required to have a
parent's signed and dated consent that
states the purpose of the disclosure.
• Schools are required to maintain a record
of each request, access, and disclosure of
personally identifiable information from the
records of each student.
• If a parent requests it, a list of the types
and locations of education records
collected, maintained, or used by the
school must be provided to the parent.
• Schools may disclose personally
identifiable information in an emergency
situation.
• When a parent requests access to
records, the school must comply within 45
days. The school is also obligated to
explain the records to the parent if asked
to do so.
• If the parent is unable to inspect records, the school is to
provide the parent with a copy.
• The school may not destroy any education records if
there is an outstanding request to inspect and review the
records.
• The school must inform parents when personally
identifiable information collected, maintained, or used is
no longer needed to provided educational services to the
child.
• The information must be destroyed at the request of the
parents. However, a permanent record of a student’s
name, address, and phone number, his or her grades,
attendance record, classes attended, grade level
completed, and year completed may be maintained
without time limitations.
• Although the school is not required to give an eligible
student access to treatment records, the student may
have those records reviewed by an appropriate
professional of the student's choice.
If a parent asks to amend an record . . .
• the school may amend it within a reasonable
time or inform the parent of the decision not to
amend
• the parent is also informed of the right to request
a hearing
• if a hearing is requested, the school must hold
the hearing within a reasonable time, give the
parent notice of the hearing, provide an impartial
individual to conduct the hearing, and give the
parent a full and fair opportunity to present
evidence relevant to the issues
Disciplinary Action
Schools have the right to
• involve law enforcement or
• conduct an investigation of incidents or
conduct that constitutes or leads to a
disciplinary action.
This may occur with respect to an infraction
or violation of the school rules of conduct
or the law.
If a school or parent initiates legal action,
the school may disclose to the court,
without a court order or subpoena,
the education records of the student
that are relevant
for the school to proceed
with the legal action.
A school is not required to consider
requests for amendment that
• seek to change a grade or disciplinary
decision,
• seek to change the opinions or reflections of
a school official or other person reflected in
an education record, or
• seek to change a determination with respect
to a child's status under Special Education
programs.
THE PROTECTION OF PUPIL
RIGHTS AMENDMENT
The Protection of
Pupil Rights Amendment
(PPRA)
protects the rights of
parents and students
PPRA ensures that schools and contractors allow
parents to inspect instructional materials and that
written parental consent is obtained before minor
students participate in surveys, the collection and
use of information for marketing purposes, and
certain physical exams concerning the following:
• political affiliations or beliefs of the student or student's parent;
• mental or psychological problems of the student or student's
family;
• sexual behavior or attitudes;
• illegal, anti-social, self-incriminating, or demeaning behavior;
• critical appraisals of others with whom respondents have close
family relationships;
• legally recognized privileged relationships, such as with
lawyers, doctors, or ministers;
• religious practices, affiliations, or beliefs of the student or
parents; or
• income.
Parents or students
who believe their rights under PPRA
may have been violated
have the right
to file a complaint.
CONFIDENTIALITY
• School personnel shall guard against sharing
confidential information in halls, staff rooms, or other
public places where other people can overhear.
• School personnel shall not leave reports, student
service records, computer files, or log books where
unauthorized people can have access to them.
• School personnel may consult with other
professionals for purposes of more effectively
helping the student. If there is doubt about the
sharing of confidential information, school personnel
should consult the school counselor or school
administrator before making a decision.
Avoid gossip and
chit-chat!
RECORD KEEPING
• School personnel are required to keep accurate and objective
records.
• The failure to keep records is negligence.
• Personal records are kept by school personnel to document
important information regarding students for use in consultation,
referrals, case conferences, and court proceedings.
• Personal records are kept in secure locations.
• School personnel should record enough information to meet
students’ needs and to document appropriate and professional
actions.
• Notes should be written as soon as possible after an
occurrence, and the original notes should never be changed.
Any additions should be initialed, signed, and dated.
• School personnel are obligated to inform the student about the
documentation and the possible need to report such information
for legal or professional purposes.
• Records that may be required in court proceedings should be
kept indefinitely, and information should not be released without
a subpoena or a court order.
School personnel must respect student
confidentiality.
Give only the information to authorized
personnel or agencies who are directly
concerned with student welfare.
There is no inherent right of a probation
officer or the police to access confidential
information without legitimate
authorization.
When to report . . .
• School personnel who have reason to
believe that a child is or might be in need
of protection are required to report that
information to the appropriate authorities.
• If the behavior of the student threatens
potential harm to him/herself or another
person, school personnel are required to
take appropriate action to protect the
student and/or the other person.
Custody
• School personnel are required to be aware of
custody court orders and policies regarding the
rights of non-custodial parents to information
and access to a child.
• If non-custodial parents or other individuals
involved with the student request information or
access, school personnel should consult the
school administrator.
• No information should be given without a
documented request.
INDIVIDUALS WITH DISABILITIES
EDUCATION ACT (2004)
• The Individuals with Disabilities Education
Act (IDEA) is a federal law that provides
for a free and appropriate public education
in the least restrictive environment for all
children experiencing disabilities.
• Children with disabilities and their parents
(or adult students) are guaranteed certain
rights under the 2004 Re-authorization of
IDEA
Procedural Safeguards
• Parents are given the "Procedural
Safeguards," which informs them of the
rights under IDEA.
• It is important for all school personnel to
know this information in order to better
serve children with disabilities and their
families.
Special Education Records
• Personnel who collect or use confidential
information are to be trained with regard to the
legal requirements involved in handling these
records.
• Training documentation is kept in a secure
location.
• The Special Education Administrator is
responsible for ensuring the confidentiality of
Special Education records. A listing of names
and positions of persons who may have access
to Special Education records is maintained.
• It is generally required that parents give permission before
their child is initially evaluated or placed in a Special
Education program (including related services). In most
cases, within 60 days of the school’s receipt of consent,
the evaluation must be conducted.
• Before placement in a Special Education program, a full
and individual evaluation must be conducted. The results
of this evaluation are confidential and are divulged only to
the parent and those persons who are directly involved
with the child’s education.
• A reevaluation must be conducted every three years, or
more frequently, if conditions warrant or if the child's
parent or teacher requests an evaluation. Should a parent
request an evaluation, there are provisions to allow an
independent evaluation to be performed by non-district
personnel at public expense.
• Written notice to the parent is also required before an
evaluation or a change in the student’s program.
• Communication with parents and students is to be made
in their native language.
Annual Meeting
• An annual meeting must be held to review the
student’s Individual Education Plan (IEP).
• Parents must receive prior written notice of the
meeting, or they may consent to waive the right
to prior notice.
• The parents, along with the Special Education
teacher, the regular education teacher, and a
representative of the school, usually an
administrator, form the basic IEP team.
Least Restrictive Environment
• Students receiving Special Education services
are, to the maximum extent appropriate, to be
educated with children who do not experience
disabilities.
• Removal from the regular educational
environment should occur only when the student
is not progressing and needs such instruction,
services, and aids that cannot be provided in the
regular education classroom.
• Generally, the child is educated in the school
that he or she would attend if not experiencing a
disability.
Special Education Records
• The records of students receiving Special
Education services are secured, with the
exception of certain individuals; no one may
view educational records unless parents give
their written permission.
• Parents have the right to view their child’s
records.
• Parents are to be provided with copies of
Special Education evaluations and the student’s
Individual Education Plan.
• When the student’s records are no longer
needed by the district, the information should be
destroyed. However, the district is required to
notify or attempt to notify the parent and offer a
copy of the record to be destroyed.
Right of Refusal
• Parents have the right to refuse Special Education
services for their child.
• A parent who believes that information in their
child's records is inaccurate, misleading, or
violates the privacy or other rights of the child may
request that the district amend the information.
• If at any point during identification, evaluation, or
placement parents do not agree with the
educational decisions made concerning their
child, they have the right to request a hearing.
• The right to appeal the findings and decisions of
the hearing is also ensured.
Remember . . .
The necessity for confidentiality is paramount.
Always try to act in the best interest of students
when making decisions to divulge confidential
information.
Keep your administrator informed.
Know the law.
Understand that you are accountable for decisions
regarding students.
Most importantly, act professionally.