Confidentiality TrainingConfidentiality Training

Electra ISDElectra ISD

2013-2014 School Year2013-2014 School Year

Legal RegulationsLegal Regulations for Confidentiality for Confidentiality

FERPAFERPA (Family Education Rights and (Family Education Rights and Privacy Act)Privacy Act)

IDEA IDEA ( Individuals with Disabilities ( Individuals with Disabilities Education Act)Education Act)

TACTAC (Texas Administrative Code) (Texas Administrative Code) TECTEC (Texas Education Code) (Texas Education Code)

FERPA’s Rules for the FERPA’s Rules for the Disclosure of RecordsDisclosure of Records

Disclose to parents or eligible students upon request.Disclose to parents or eligible students upon request. Consent of parent or eligible student required for Consent of parent or eligible student required for

disclosure to anyone else unless one of the exceptions disclosure to anyone else unless one of the exceptions to consent applies.to consent applies.

Inspection and review of all education records by Inspection and review of all education records by parent or adult student.parent or adult student.

Inspection and review of all education records by Inspection and review of all education records by parent or adult student.parent or adult student.

No right to copy unless circumstances effectively No right to copy unless circumstances effectively prevent parent or eligible student from exercising the prevent parent or eligible student from exercising the right to inspect and review.right to inspect and review.

This right is very broad and encompasses virtually This right is very broad and encompasses virtually every document pertaining to the studentevery document pertaining to the student

IDEA’s Rules for the IDEA’s Rules for the Disclosure of RecordsDisclosure of Records

Require parental consent before releasing records Require parental consent before releasing records to anyone other than ISD personnel using the to anyone other than ISD personnel using the records for special education purposes.records for special education purposes.

Deny release of records without parental consent. Deny release of records without parental consent. FERPA does allow release to another ISD where FERPA does allow release to another ISD where the student is enrolling for services. EISD the student is enrolling for services. EISD requires specific documentation from that ISD requires specific documentation from that ISD even in this circumstance.even in this circumstance.

Provide parents, upon request, a list of types and Provide parents, upon request, a list of types and location of educational records collected, location of educational records collected, maintained, or used by the ISD.maintained, or used by the ISD.

Access Rights of Parents to Special Access Rights of Parents to Special Education RecordsEducation Records

Must provide parents, upon request by parent, a list of Must provide parents, upon request by parent, a list of types and location of education records collected, types and location of education records collected, maintained and used by EISD.maintained and used by EISD.

Must allow parents to inspect and review (NO RIGHT TO Must allow parents to inspect and review (NO RIGHT TO COPY) any education records relating to their children that COPY) any education records relating to their children that are collected and maintained or used for special education are collected and maintained or used for special education purposes (purple folders).purposes (purple folders).

Disclose to parents under federal or state law virtually all Disclose to parents under federal or state law virtually all records, including test protocols (NO RIGHT TO COPY).records, including test protocols (NO RIGHT TO COPY).

Allow parents to review copyrighted materials, buy may not Allow parents to review copyrighted materials, buy may not use ISD equipment to copy them.use ISD equipment to copy them.

Allow parent to inspect and review ONLY the information Allow parent to inspect and review ONLY the information related to his/her child should any education recordrelated to his/her child should any education record include include information on more than one child.information on more than one child.

Recording of Access to RecordsRecording of Access to Records

Must keep a record of parties obtaining access to the Must keep a record of parties obtaining access to the records that have been collected, maintained, or used records that have been collected, maintained, or used for special education purposes (purple folders).for special education purposes (purple folders).

If student eligibility folders are maintained in If student eligibility folders are maintained in classrooms, access records are required if the folders classrooms, access records are required if the folders contain personally identifiable information, such as an contain personally identifiable information, such as an ARD/IEP report, modification sheet, or any evaluation ARD/IEP report, modification sheet, or any evaluation reports.reports.

Record of access must include: Record of access must include: Names of parties obtaining accessNames of parties obtaining access Date access was givenDate access was given Purpose of accessPurpose of access

Definitions and General Rules of Definitions and General Rules of ConfidentialityConfidentiality

Special education records are “education records” Special education records are “education records” under federal law and “student records” under state under federal law and “student records” under state lawlaw

““Parent” encompasses natural parent, guardian, Parent” encompasses natural parent, guardian, individual acting as a parent in absence of parent, individual acting as a parent in absence of parent, surrogate parent appointed according law, and foster surrogate parent appointed according law, and foster parentparent

““Personally Identifiable Information”Personally Identifiable Information” Name of studentName of student Name of parent or other family memberName of parent or other family member Address of student and familyAddress of student and family Personal identifier, such as SSN or student numberPersonal identifier, such as SSN or student number List of personal characteristics that would make List of personal characteristics that would make

the student’s identity easily traceablethe student’s identity easily traceable

Responsibility of EISD and StaffResponsibility of EISD and Staff

Must protect confidentiality of personally identifiable Must protect confidentiality of personally identifiable information at collection, storage, disclosure, and information at collection, storage, disclosure, and destruction stages.destruction stages.

Must ensure confidentiality when using District emailMust ensure confidentiality when using District email Must appoint one person to be responsible for Must appoint one person to be responsible for

ensuring confidentiality.ensuring confidentiality. Must provide annual training or instruction Must provide annual training or instruction

concerning confidentiality for all persons collecting concerning confidentiality for all persons collecting or using personally identifiable information.or using personally identifiable information.

Must maintain, for public inspection, a current listing Must maintain, for public inspection, a current listing for names and position of ISD employees who have for names and position of ISD employees who have access to personally identifiable information.access to personally identifiable information.

Confidentiality in Daily PracticeConfidentiality in Daily Practice

CONSIDER FOR ALL CONSIDER FOR ALL CONVERSATIONSCONVERSATIONS

WHATWHAT is discussed? is discussed? WHEREWHERE it takes place? it takes place? WHO WHO is listening?is listening? WHYWHY discussion took place discussion took place ALWAYSALWAYS ask yourself, “Am I being a ask yourself, “Am I being a

professional or a gossip?”professional or a gossip?”

For Solid Success in ConfidentialityFor Solid Success in Confidentiality Don’t leave modification sheets lying visible on top Don’t leave modification sheets lying visible on top

of your desk!of your desk! Never open a grade book where a parent can see Never open a grade book where a parent can see

the grades of other students.the grades of other students. Don’t be guilty of talking “out of turn” in the lounge!Don’t be guilty of talking “out of turn” in the lounge! Don’t talk about a specific child where other Don’t talk about a specific child where other

children can hear the information.children can hear the information. Beware of those “over the fence”, “grocery aisle”, Beware of those “over the fence”, “grocery aisle”,

or “beauty shop” conversations. You NEVER know or “beauty shop” conversations. You NEVER know who may be listening.who may be listening.

If you were the subject of open conversation, what If you were the subject of open conversation, what would you want said and to whom would you want would you want said and to whom would you want the conversation repeated?the conversation repeated?

Resource: Confidentiality Resource: Confidentiality Sheet by Donna PerkinsSheet by Donna Perkins

Presentation created by:Presentation created by:

Dayna HardawayDayna Hardaway

Tower Elementary, BISDTower Elementary, BISD