Confidentiality Training

Confidentiality

Confidentiality is the expectation of and right to privacy afforded to student and

their parents.

These rights are particularly critical when students are eligible for

special education.

Legal References

• Federal Education Rights and Privacy Act 34CFR.99 & 20USC 123g

• Individuals with Disabilities Education Act 34CFR 300.123, 300.610 and 611

• Texas Education Code TEC28.058

• Board Policy FL (Legal)

Educational Records

• Any type of record maintained by the school district with personally identifiable information

• This includes the student’s ARD/IEP,

• All assessment reports such as the Full and Individual Evaluation,

• Related service evaluations,

• Psychological evaluations,

• Grades, Grade books,

• Attendance and Discipline records,

• Service providers’ notes, logs and files

• Emails and text messages

• Recordings and videos

• Phone messages

Personally Identifiable Information

• Student’s name• Student’s date of birth• Student’s address• Student’s photo• Parents’ name• Parents’ address• Identifying numbers• List of characteristics

When can information be released?

• By informed written consent by parent• By informed written consent by adult student• Upon transfer to another Texas public school • With a subpoena from Law Enforcement• Upon request by Juvenile Justice authorities• Upon request by Children’s Protective Services

What records can be released?

• All educational records EXCEPT protocols!

• Typically, last Annual Review ARD with IEP and last Full and Individual Evaluation including Related Services evaluations

Parents’ Rights

• To know the types and locations of records• To review the entire record within 45 days of

making the request• To have copies of the records• To have the records explained to them• To request amendments to the records• To give someone else the right to review the

records• To know to whom the records have been

released or who has reviewed them

Parents do not have the right to:

• The originals of the records

• Make changes to the records

• Protocols

• View records of their adult student without that student’s informed, written consent

• View the records or request information about any other student

Procedures

• Keep records in locked files

• Post the Confidentiality Notice on the file

• Keep the Student Folder Access List with the files

• Keep the Entry Log in the each file

Procedures

• Be careful with conversations

• Location of conversations

• Need to Know status only!

• Be careful with paperwork

• Watch your emails!

Caveats

• Where you discuss students– Be aware of your surroundings– NEVER outside of school

• Videos, audio taping and pictures– Get parental permission

• Posting lists outside the classroom– No reference to special education

What if?• TV News crew stops you in the parking lot and asks for information

– Alief ISD Communications and Public Information office handles all media requests

– Contact the campus administrator ASAP!• Parent requests records

– Special Education office handles release of records• Parent wants to see the records of another student

– Refer them to campus administrator or Special Education Office• CPS or a Law Enforcement Officer asks you for records

– Special Education office handles release of records• Parent asks you to fill out something for another agency

– Work with Special Education office to get consent to release information– Request request in writing just to be safe– Keep a copy of whatever you filled out

What if?

• Parent wants to see your grade book– They can only see their child’s grades in it

• Parent wants to see the last test you gave– Parents have the right to see all curricular materials

• Parent wants to see an example of ‘A’ quality work?– Without revealing the student’s name who did the

work, this is allowable• Parent wants to know who else is in special

education– All students have same right to confidentiality

What if?

• Parent is observing in your classroom and starts writing down the names of the other students– Professionally remind parent that all students have

the same right to confidentiality that their child has, so taking down names is not appropriate

– If they persist, call campus administrator• Parent wants to know who has certain medical

conditions– Medical information is protected not only under all of

the special education regulations, but also under general education regulations, Board Policy and HIPPA. NO medical records can be released