Confidentiality Training

1
Confidentiality Training
2
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.

3
Compliance

• Federal State Regulations
• FERPA
• IDEA
• NCLB
• HIPPA
• Open Records Act
• Local Board Policy
• FL (Local)
• Considerations
• Record Type
• Retention Requirements
• Destruction

4
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.
5
Federal Laws and Confidentiality

• 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)

6
Federal Laws Continued.

• 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

7
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

8
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
• seek to amend education records
• have some control over the disclosure of
  information from education records

9
Board Policy FL (Local) Student Records

• Data and records shall be stored in a safe and
  secure manner.
• Verification of the requestors identity before
  disclosing personally identifiable information is
  required.
• Upon written request to the records custodian or
  designee in-person review during regular school
  hours may occur without charge in the presence of
  the custodian or designee.
• The original copy or document contained within
  shall not be removed from school.
• Copies are available at a per copy cost, payable
  in advance.
• Copies of records must be requested in writing.
• Copies may be denied for failing to follow proper
  procedures or pay the copying charge.
• Students qualifying for free or reduced-price
  lunches and in-person viewing by the parent
  during regular school hours is not possible, upon
  written request of the parent, one copy shall be
  provided at no charge.

10
Considerations

• Compliance with FERPA is NOT a substitute for
  compliance with HIPAA.  The improper handling of
  health information belonging to employees or
  students can expose one to serious risks. 

• If the information qualifies as "Protected Health
  Information, as regulated by HIPAA that is used
  on a daily basis in Nursing, Counseling, Special
  Education, Public Health, Athletics, Safety and
  Human Resource departments, the consequences for
  non-compliance can be costly and disruptive. 

11

•   Examples

• If a student is injured on campus and a public
  statement is needed from the Administration -
  Requests and disclosure of health information
  must be handled within specific guidelines and
  documentation of the exchange of information may
  be specifically required by HIPAA.
• If a Special Ed student needs physical therapy at
  school prescribed by a treating physician - The
  release of more information than necessary or the
  failure to appropriately document the exchange of
  information might create an exposure to HIPAA
  violations and the potential for a legal action.
• If a counselor observes erratic behavior from a
  student and fears that the student may be self
  destructive -  The factors that may need to be
  considered relative the privacy regulations
  include the age of the student and whether they
  are an "emancipated minor".  While the counselor
  may need to contact administration and or law
  enforcement representatives, the improper
  handling of this situation could result in
  litigation and or penalties at multiple levels in
  the school district.
• If a student is injured in a bus accident and an
  insurance company demands access to medical
  records of all personnel involved in the accident
  - While it is in the best interest of the
  district for a free flow of information with the
  insurance company, the improper release or
  improper documentation may result in the
  potential for litigation or penalties.
• If an employee submits leave paperwork with a
  medical certificate attached that may originate
  at the campus department level -  While the
  Principal may wish to convey information to
  parents or students, the inappropriate release or
  use of the information or lack of documentation
  of information exchange could result in
  litigation or penalties.    

12
Common Terms

• Parents
• Students
• Education Records
• Records
• Personally Identifiable Information
• Directory Information

13
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

14

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

15
Student means any individual

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

16
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.

17
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

18

• As permitted by law records may be made available
  using reasonable procedures to verify the
  requestors identity before disclosing personally
  identifiable information.
• School officials shall be allowed access who have
  a legitimate educational interest defined as
• Working with the student
• Consideration of disciplinary or academic
  actions
• Compiling statistical data
• Fulfilling the officials professional
  responsibility or
• Investigating or evaluating programs.

19
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.

20
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

21
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.

22

• 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

23
IISD gives parents the opportunity to deny
release of directory information by returning the
insert found within the Student Handbook
24
Parents Have an Opportunity To Deny Release of
their Students Directory Information Within Four
Areas

• Release to the General Public
• Release for Limited School Purposes Only e.g.
  year book, school program, district owned
  publications
• Release to Military Recruiters
• Release to Recruiters from Higher Education
  Institutions

25
Directory information cannot include

• Student Identification Numbers
• or
• Social Security Numbers

26
Confidentiality Protected at 4 Stages

• Collection
• Storage
• Disclosure
• Destruction

27
Confidentiality Violations

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

28
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

29
Electronic MailOpen Records
Confidentiality
30
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.

31
E-Mail is an Open Record

• The District 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

32
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

33
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
• Documenting and administering procedures for
  public inspection regarding staffs completion
  of the required training within a designated
  timeline

34
The following 2 options are available to Campuses
in meeting these requirements

• Option 1
• Faculty Meeting
• Option 2
• BlackBoard

35
Option 1 Faculty 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

36
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
• A courtesy copy of only the attendance roster and
  agenda is to be sent to campus Special Education
  lead staff

37
Option 2 Blackboard (Instructor Ralph Diaz)

• The Administrator shall e-mail directions to all
  staff in how to access Confidentiality Training
  via Blackboard
• Completion of the Quiz will create an electronic
  signature for documentation purposes
• Print and signature of the Confidentiality
  Agreement is to be provided to the Special
  Education campus staff as a matter of compliance

38
Access is a Privilege
Confidentiality is a responsibility
39
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