Confidentiality For Educators

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Confidentiality For Educators
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CONFIDENTIALITY

• This presentation on confidentiality is designed
  to meet federal requirements for staff training
  while increasing staff awareness of their
  responsibilities regarding privacy of student
  records.

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Board Policy FL- Student Records reads
The district shall protect the confidentiality
of personally identifiable information in
collection, storage, disclosure, and destruction
of records. One official in the District shall
assume responsibility for ensuring
confidentiality of personally identifiable
information. All persons collecting or using
this information shall receive training or
instruction concerning the legal requirements
involved in handling these records. The District
shall maintain for public inspection a current
listing of the names and positions of employees
who may have access to this information.
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Four Federal Confidentiality Laws

• FERPA Family Education Rights and Privacy Act
• IDEA Individuals with Disabilities Education
  Improvement Act 2004
• NCLB No Child Left Behind Act 2001
• Protection of Pupil Rights Amendment (PPRA)

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Four Federal Confidentiality Laws

• HIPPA -HEALTH INSURANCE PORTABILITY AND
  ACCOUNTABILITY ACT OF 1996
• Establishes standards to govern the use and
  disclosure of protected health information.
• Applies to all those with access to computers
  used by employees

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FERPA

• Passed in 1974, amended in 1996
• Applies to all schools that receive money from
  the U.S. Department of Education
• Also known as the Buckley Amendment

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Primary Rights of Parents under FERPA

• Right to inspect and review
• education records.
• This right entitles the parent to
• require the school to explain and interpret the
  records
• have a parent representative inspect and review
  the records
• require the school to give the parent copies of
  the records

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Primary Rights of Parents under FERPA

• Right to seek to amend education records
• Right to have some control over the disclosure of
  information from education records

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Parent means a parent of a student and includes

• a natural parent
• a guardian
• an individual acting as a parent in the absence
  of a parent or guardian

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• These rights transfer to the student when the
  student turns 18 or attends a post-secondary
  institution.

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Student means any individual

• Who is or has been in attendance at a school and
• Regarding whom the school maintains education
  records

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Education Records are records which

• Contain information which is directly related to
  a student and.
• Are maintained by an educational agency or
  institution or by a party acting for the agency
  or institution.

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Record means any information maintained in any
way, including but not limited to

• hand written
• video and audio tape
• computer media
• film
• print
• microfilm and microfiche

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• Records may be shared with individuals who have a
  need to know for educational purposes. Included
  in this list are
• Parents
• Students teachers
• Campus Administration
• Special Education Support Staff
• District Administration

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Personally Identifiable Information includes
but is not limited to

• The students name
• Name of the students parent or other family
  member
• Address of the student or students family
• A personal identifier, such as a social security
  number or student number
• A list of personal characteristics or other
  information that would make the students
  identity easily traceable.

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Exceptions to Education Records include Sole
Possession Notes

• Private notes created solely by an individual
• Personal records that may be exempt from parent
  access if not revealed to anyone
• Notes Must Not Be Revealed or Accessible To Any
  Other Person

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Directory Information

• Directory information" means information
  contained in an education record of a student
  that would not generally be considered harmful or
  an invasion of privacy if disclosed.
• Directory information includes, but is not
  limited to, the student's name, address,
  telephone listing, electronic mail address,
  photograph, date and place of birth, dates of
  attendance, grade level, enrollment status,
  participation in officially recognized activities
  and sports, weight and height of members of
  athletic teams, honors and awards received, and
  the most recent educational agency or institution
  attended.

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• The District may release directory information if
  it has given public notice of
• The types of personally identifiable information
  that it has designated as directory information.
• The right of the parent to refuse to permit the
  District to designate any or all of that
  information about the student as directory
  information.
• The period of time within which the parent must
  notify the District in writing that he or she
  does not want any or all of those types of
  information about the student designated as
  directory information.
• 34 CFR 99.3, 99.37

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IISD gives parents the opportunity to deny
release of directory information by returning the
insert found within the Student Handbook
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Four Areas Parents Have an Opportunity To Deny
Release of their Students Directory Information

• 1.Release of Directory of Information to Limited
• School Purposes Only- year book, school
  program,
• district owned publications
• 2. General Public Release of Directory
• Information
• 3. Release to Military Recruiters
• 4. Release to institution of Higher Education
  Recruiters

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Directory information cannot include

• Student Identification Numbers
• or
• Social Security Numbers

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Confidentiality Protected at 4 Stages

• Collection
• Storage
• Disclosure
• Destruction

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Confidentiality Violations

• When Staff Discusses Student in Inappropriate
  Places
• Inappropriate Electronic Communications
• When Staff Gossips About Student Family

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Best Practices

• Be Aware of the Confidentiality Laws
• Know the difference between Personally
  Identifiable and Directory Information
• Be Sensitive to Violations of Confidentiality
  When Discussing a Student With Another Educator

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Electronic MailOpen Records
Confidentiality
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Board Policy CQ Local

• Electronic mail transmissions and other use of
  the electronic communications system by students
  and employees shall not be considered
  confidential and may be monitored at any time by
  designated District staff to ensure appropriate
  use for educational or administrative purposes.

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E-Mail is an Open Record

• Our Outlook system is for district use and is not
  considered your personal
• e-mail
• E-mail is considered a district document which
  may be requested under the Public Information Act
  and may be used in a court of law

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Confidentiality

• Addressing the student by first name, last
  initial is to be the expected protocol when using
  electronic mail to communicate student
  information
• When e-mails as well as other educational
  documents are subpoenaed, the district is to
  redact any confidential information in compliance
  with FERPA

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Confidentiality Training Procedures

• To meet the Board Policy FL Confidentiality
  Administrators are responsible for
• Protecting the confidentiality of personally
  identifiable information in collection, storage,
  disclosure and destruction of records
• Training all persons who collect, use, or have
  knowledge of confidential information
• Creating and updating annually a staff list of
  individuals and titles having access to
  confidential information
• Documents and procedures for public inspection
  staffs completion of the required training
  within the designated timeline

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The following 2 options are available to Campuses
in meeting these requirement

• Option 1
• Faculty Meeting
• Option 2
• BlackBoard

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Option OneFaculty Meeting

• Using Coursewhere, the Confidentiality
  Administrator shall create a training session for
  staff to register thus generating a participant
  roster
• Using the provided Confidentiality Power Point
  campus-wide training shall be delivered during
  the designated faculty meeting
• Meeting agenda is to include Confidentiality
  Training as an item

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Confidentiality Power Point Presented at Faculty
Meeting

• Upon completion the Confidentiality Administrator
  will send a copy of the attendance roster, agenda
  and signed agreements to the Districts Records
  Manager, Ralph Diaz, for archiving
• A courtesy copy of only the attendance roster and
  agenda is to be sent to campus Special Education
  lead staff

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Option 2 Blackboard (Instructor Ralph Diaz)

• Confidentiality Administrator shall e-mail
  directions to appropriate staff in how to access
  Confidentiality Training via Blackboard
• Staff members review the presentation Mark
  Review the Confidentiality Agreement and print
  for documentation complete the assessment to
  create an electronic signature for archiving
  purposes
• Copies of the signed Confidentiality Agreement
  are to be provided to the Special Education
  campus staff as a matter of compliance

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Access is a Privilege
Confidentiality is a responsibility
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For technical assistance and advice to school
officials

• Family Policy Compliance Office
• U.S. Department of Education
• 400 Maryland Avenue, SW
• Washington, DC 20202-5901
• Telephone [phone]
• www.ed.gov/policy/gen/reg/ferpa/index.html