Data for Student Success Data Security

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Data for Student Success Data Security

• It is about focusing on building a culture of
  quality data through professional development and
  web based dynamic inquiries for school
  improvement.

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Data Security

• Presentation given at the Cadillac Launch,
  September 2009

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Data Security Resources

• Maintaining Confidentiality Activities on Data
  for Student Success web site outline best
  practices and provide resources for addressing
  data security. www.data4ss.org

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Data Security

• Examples in the Best Practice Handout
• Dont share passwords change frequently
• AUPs cover both Internet Access and data use
• Dont email student records outside of secure
  systems
• Dont show names or UICs in presentations/print
  outs

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Data SecurityQuestions Districts Should be
Asking

• What measures are in place to secure the data at
  the
• District level?
• School level?
• Classroom level?
• Who can have access based on district policy?
• Are staff knowledgeable of directory information
  versus an educational record and how both can be
  used?
• What required training is in place for
  individuals who access data and/or use the
  information?
• How protected is the data?
• Do we have confidentiality issues?
• Are the annual requirements and notifications in
  place?

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Why? FERPA/HIPPA

• Family Educational Records and Privacy Act
  (FERPA) and the Health Insurance Portability and
  Access Act (HIPAA)
• Confidentiality and protection of students data,
  including educational record and directory
  information

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What is an Education Record?

• The term education records is defined as all
  records, files, documents and other materials
  containing information directly related to a
  student and maintained by the education agency
  or institution, or by a person acting for such
  agency or institution (34 CFR 99.3). This
  includes all records regardless of medium,
  including, but not limited to, handwriting,
  videotape or audiotape, electronic or computer
  files, film, print, microfilm, and microfiche.
• Forum Guide to the Privacy of Student
  Information A Resource for Schools

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What is Directory Information?

• The term directory information is used for the
  portion of the education record that, if
  disclosed, would not generally be considered
  harmful or an invasion of privacy (34 CFR
  99.3). This may include the students name,
  address, telephone number, date and place of
  birth, honors and awards, and dates of
  attendance. Under FERPA, school systems have
  flexibility in deciding what information will be
  considered directory information.
• Forum Guide to the Privacy of Student
  Information A Resource for Schools

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What about Free/Reduced Lunch?

• 2008 Memo Reaffirmation of Policy on Limited
  Disclosure of Childrens Eligibility Information
  to the National Assessment of Educational
  Progress (NAEP)
• .school food authorities may disclose
  childrens names and eligibility status to
  persons directly connected with the
  administration or enforcement of State
  educational assessment programs to the extent
  that the State assessment is part of the NAEP or
  the assessment program is established at the
  State, not local level.
• This does not imply that these persons have
  routine access to participants' eligibility
  status. There must be a need to know

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Analyzing FERPA Data

• How did we do?
• Specifically questions 1-10
• Using the FERPA/HIPAA Quiz Answer Key discuss
  the results with your ISD team
• Resource book - Section 1

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FERPA Quiz Group Results
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1 Data 4SS Cadillac Launch FERPA Quiz Schools
must provide a parent with an opportunity to
inspect and review his or her child's education
records within 60 days of receipt of a request.
FALSE
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2 Data 4SS Cadillac Launch FERPA Quiz Schools
must individually notify parents of their FERPA
rights by mail. FALSE
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3 Data 4SS Cadillac Launch FERPA Quiz When a
student turns 18 years old and the rights under
FERPA transfer from the parent to the student,
the school must obtain consent from the student
in order to disclose grades and other education
records to the parents. FALSE
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4 Data 4SS Cadillac Launch FERPA Quiz In a
legal separation or divorce situation, both
parents have the right to gain access to the
students education records. TRUE
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5 Data 4SS Cadillac Launch FERPA Quiz A school
may designate and disclose any information on a
student as "directory information," as long as
the school notifies parents and provides them
with an opportunity to opt out. FALSE
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6 Data 4SS Cadillac Launch FERPA Quiz Teachers
may post grades by student name or social
security number. FALSE
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7 Data 4SS Cadillac Launch FERPA Quiz To be
considered an "education record," information
must be maintained in the student's cumulative or
permanent folder. FALSE
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8 Data 4SS Cadillac Launch FERPA Quiz When a
student transfers to a new school, the former
school is required to send the student's
education records to the new school. FALSE
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9 Data 4SS Cadillac Launch FERPA Quiz A parent
of a former student has the same right to inspect
and review the student's education records as a
parent of a student currently attending the
school. GENERALLY TRUE, but DEPENDS
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10 Data 4SS Cadillac Launch FERPA Quiz Schools
are required by FERPA to maintain a student's
transcript for 5 years. FALSE
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FERPA Scenarios

• Resource book Section 1
• Scenarios 1, 2, and 5
• Read and determine your answer as a team
• Share out
• Lets consider how your LEAs will do?
• Do you need to plan for addressing this? What is
  our responsibility?

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Scenario 1 Answer

• 1. Information on a computer screen should be
  protected the same way as printed reports.
  Computer programs with confidential information
  should be closed when you are not using them and
  computers should be locked when you leave the
  room. Printed reports should be filed in a
  secure area and not left on your desk.
• The medium that holds the information is not
  important. No information should be left
  accessible or unattended, including computer
  screens. Recent changes have allowed damage
  recovery as well as cease and desist
  requirements.

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Scenario 2 Answer

• 2. It has been determined that a students social
  security number or any portion of the social
  security number is considered an educational
  record and is protected by FERPA. In addition,
  any type of identifying number such as a student
  ID or UIC number that could be considered easily
  traceable also falls into this category. So
  both instances would be considered a violation of
  FERPA.
• Student social security numbers (SSNs), or
  partial sequences of SSNs, may not be disclosed
  as directory information because they can be used
  to obtain sensitive, non-public information about
  individuals.

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Scenario 5 Answer

• It is a violation of FERPA to display the results
  of the assessment to the entire staff. Even
  though it was data for that discussion leaders
  class, it was not information that was readily
  available to the public (district or school
  scores). In addition, the fact that student
  names were displayed, although in an educational
  setting, is also a violation. Plus the fact that
  the information pages, including names and ID
  numbers were distributed to staff is also a
  violation of FERPA.
• The exception would be a group of teachers
  working on specific student strategies (last
  years teacher, this years teacher, and next
  years teacher) as they are a specific population
  that then has a legitimate educational interest
  in the information.

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Legal Consequences

• Federal Law
• Local Board of Education policy
• Release of information
• Board of Education determines directory
  information
• Need for a go to person at district level
• Access log
• Paper trail

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Go to

• www.data4ss.org
• For your FERPA resources

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Data for Student SuccessKey Contact Information

• General
• www.data4ss.org
• contact_at_data4ss.org
• Mary Gehrig, Assistant Superintendent, Calhoun
  ISD
• gehrigm_at_calhounisd.org
• Mike Oswalt, Assistant Superintendent, Calhoun
  ISD
• oswaltm_at_calhounisd.org
• Becky Rocho, Assistant Superintendent, Calhoun
  ISD
• rochob_at_calhounisd.org
• Maureen Slamer Data 4SS PD Director, Calhoun
  ISD
• slamerm_at_calhounisd.org