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Confidentiality Professionalism Ethics Chain of Responsibility Public Relations Phone/Office Etiquette Who Needs to Practice Confidentiality?

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Confidentiality Professionalism Ethics Chain of Responsibility Public Relations Phone/Office Etiquette Who Needs to Practice Confidentiality? Confidentiality Professionalism Ethics Chain of Responsibility Public Relations Phone/Office Etiquette Who needs to practice confidentiality? • Everyone in the school business. Administrators Teachers Paraprofessionals Cafeteria Workers Custodians LAW • All staff collecting or using personally identifiable information in public education institutions must receive training on confidentiality requirements. ETHICS • Anyone who is part of the educational team has a commitment to maintain ethical standards of behavior in their relationships with students, parents, their supervisors, and other school personnel. Family Educational Rights & Privacy Act • FERPA • Passed 1974, amended 1996 • Parents and students over 18 are granted very specific and extensive rights regarding confidential information contained in education records. In effect, parents are given the right to inspect, control to a degree, and challenge information maintained on their child. Applies to all schools that receive money from the U.S. Department of Education. Individuals With Disabilities Education Act • IDEA • Passed 1975, reauthorized 1997 • Addresses services to students with disabilities in public schools. One section of this law deals with confidentiality of students records and incorporates the provisions of FERPA. • Together the 2 laws protect the rights of all parents and students in public education institutions. Applies to all schools that receive money to serve students with disabilities. PERSONALLY IDENTIFIABLE INFORMATION Any data or information that includes: 1. Name of the student, student’s parents or other family member 2. Address of the student 3. Any personal identifier (i.e., social security number) 4. A list of personal characteristics that would make it possible to identify the student 5. Any other information which would make the student’s identity easily traceable DEFINTION OF EDUCATION RECORDS Those records, files, documents and other materials which •Contain information directly related to a student •Are maintained by an educational agency or institution, or by a person acting for such agency or institution Education records not covered in this section include •Records of instructional, supervisory and administrative personnel which are in the sole possession of the maker and are not revealed or accessible to any other person DIRECTORY INFORMATION 1. Student’s name 2. Student’s address 3. Student’s telephone number 4. Student’s date and place of birth 5. Student’s major field of study 6. Participation in officially recognized sports and activities 7. Student’s weight, height if member of athletic team 8. Dates of attendance 9. Degree, awards received 10. Most recent previous educational institution or agency attended DIRECTORY INFORMATION MAY BE DISCLOSED IF: • Parents annually given public notice of the types of information designated as directory information AND • Given opportunity to refuse • Reasonable time-frame for parent response SOLE POSSESSION RECORDS Source: FERPA Editorial Note: Sole possession Records • Sole possession records are exempt from parent access, challenge and control if they meet the following test: 1. Must be private note created solely by the individual possessing it AND/OR 2. Must be a personal memory aid AND/OR 3. Information in the note must not be accessible or revealed to any other person (except possessor’s temporary substitute) ANNUAL NOTIFICATION Circumstances not requiring consent 1. Disclosure within agency with legitimate education interest 2. Transfer records 3. Directory information 4. Audit purposes 5. Subpoenas or court order 6. Related to disciplinary actions 7. Financial aid 8. Health and safety emergencies CONFIDENTIALITY IN PRACTICE MEANS • Awareness of confidentiality laws and requirements • Complying with procedures regarding written educational records • Being sensitive to violations of confidentiality in verbal exchanges with others CONFIDENTIALITY MAY BE VIOLATED When staff discuss a child in inappropriate places or situations OR When staff repeat gossip or rumors about a child or his family CONFIDENTIALITY IN PRACTICE Is it Confidential? • What is discussed 1. directory information 2. personally identifiable information that is confidential (handicapping condition, family data, etc.) 3. information that is unsubstantiated rumor, subjective opinion, or hearsay Is it Confidential? • Where the discussion takes place 1. Private place such as teacher’s empty room, a diagnostician’s office or the teacher’s lounge—when it is empty 2. Public place such as the playground, the halls, the teacher’s lounge when it is busy, or the supermarket Is it Confidential? • Who is listening 1. Parties are school officials with legitimate educational interest 2. Others are listening who have no legitimate educational interest Is it Confidential? • Why the discussion took place 1. Legitimate educational interest in a student and sharing of information that will help others work with the student 2. Non-educational reasons, tales about a child or family SELF-FULFILLING PROPHECY • We tend to act the way people expect us to act. • Gossip and comments set up certain expectations about students and their families • Confining discussions about students to professional areas of legitimate educational interest is fair to both students and colleagues CHILDREN UNDERSTAND MORE THAN YOU THINK. BE CAREFUL WHAT YOU SAY! “Different cultures, different values and, often, a difference of opinion.” As much as at any time in American history, today’s immigrant experience is changing the face of our society. Increasingly, state populations are becoming so diverse that no single group will form a majority. Office/Phone Etiquette/Confidentiality • Courtesy is as important in speaking over the phone as in talking to people face to face. • Remember your voice quality • Express yourself clearly and concisely • Do not answer questions that should never be answered: “what happened to the other kid?” “I saw in the paper that…. What was wrong with that child.?” The person at the other end of the phone cannot see your facial expressions or gestures and the impression he receives depends on what she/he hears. The telephone carries your voice at its natural volume and pitch. If you answer with a smile, the caller on the other end will notice. Special Education Issues • Do not discuss issues involving student’s education across the hallways, classrooms or lunchroom Special Education Issues • Make sure you are where you are supposed to be • We must offer the services outlined in a student’s IEP. • If the IEP says we will monitor in a classroom, we must offer that service. • If the IEP says we will offer inclusion support, we must offer that service… Special Education Issues • Be where you are supposed to be • We must never leave the students unsupervised, not even for a few seconds • Unsupervised students are a lawsuit waiting to happen • Return to class in a timely manner when asked to leave for any purpose. • Do not discuss the student, your unhappiness with your situation, or your feelings about the student’s IEP in the lounge! Keep In Mind • Always think, How would I want this child to be treated if it were my child… • Do unto to others….. Contact Information Catherine Schmidt, M.Ed. Director of Special Education, 504, Principal Teague ISD [email protected] 254-739-1440 .
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