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CONFIDENTIALITY CONFIDENTIALITY

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Page 1: CONFIDENTIALITY. Copyright 2009 by Region 7 Education Service Center. All rights reserved. This material may not be reproduced, displayed, modified or

CONFIDENTIALITYCONFIDENTIALITY

Page 2: CONFIDENTIALITY. Copyright 2009 by Region 7 Education Service Center. All rights reserved. This material may not be reproduced, displayed, modified or

Copyright 2009 by Region 7 Copyright 2009 by Region 7 Education Service Center. All rights Education Service Center. All rights reserved. This material may not be reserved. This material may not be reproduced, displayed, modified or reproduced, displayed, modified or distributed without the express prior distributed without the express prior written permission of the copyright written permission of the copyright holder. For permission, contact holder. For permission, contact [email protected]@esc7.net.

Copyright 2009 by Region 7 Education Service Center. All rights reserved. Copyright 2009 by Region 7 Education Service Center. All rights reserved.

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Copyright 2009 by Region 7 Education Service Center. All rights reserved. Copyright 2009 by Region 7 Education Service Center. All rights reserved.

Who Should Learn about Who Should Learn about Confidentiality?Confidentiality?

ALL staff ALL staff collecting collecting or using or using personally identifiable personally identifiable information in public education information in public education institutions must receive institutions must receive training on confidentiality training on confidentiality requirements.requirements.

chailey
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Copyright 2009 by Region 7 Education Service Center. All rights reserved. Copyright 2009 by Region 7 Education Service Center. All rights reserved.

CONFIDENTIALITYCONFIDENTIALITYWORKSHOP GOALSWORKSHOP GOALS

1. Participants will know the basic 1. Participants will know the basic confidentiality laws.confidentiality laws.

2. Participants will understand the basic 2. Participants will understand the basic confidentiality requirements specified confidentiality requirements specified in in law.law.

3. Participants will demonstrate awareness 3. Participants will demonstrate awareness of confidentiality practices.of confidentiality practices.

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Copyright 2009 by Region 7 Education Service Center. All rights reserved. Copyright 2009 by Region 7 Education Service Center. All rights reserved.

LEGAL BASIS FOR CONFIDENTIALILTYLEGAL BASIS FOR CONFIDENTIALILTY

IDEA 2004IDEA 2004 Family Education Rights and Privacy Act (FERPA)Family Education Rights and Privacy Act (FERPA) No Child Left Behind (NCLB)No Child Left Behind (NCLB) Protection of Pupil Rights Amendment (PPRA)Protection of Pupil Rights Amendment (PPRA) Elementary and Secondary Education Act (ESEA) discipline

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Legal Basis for ConfidentialityLegal Basis for ConfidentialityIndividuals with Disabilities Individuals with Disabilities

Education Act (IDEA)Education Act (IDEA)

Passed in 1975 and reauthorized in 1997 and Passed in 1975 and reauthorized in 1997 and 2004 (no changes to confidentiality section) - 2004 (no changes to confidentiality section) - http://idea.ed.gov

Applies to Applies to all all schools that receive money to schools that receive money to serve students with disabilitiesserve students with disabilities

Formerly known as the Education of the Formerly known as the Education of the Handicapped Act-Part B (EHAB-B)Handicapped Act-Part B (EHAB-B)

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Legal Basis for ConfidentialityLegal Basis for Confidentiality

Family Education rights and Privacy Act Family Education rights and Privacy Act (FERPA) (FERPA) www.ed.gov/policy/gen/guid/fpco/ferpa/index.html www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Passed in 1974 and amended in 1996Passed in 1974 and amended in 1996 Applies to all school that receive money Applies to all school that receive money

from the U.S. Department of Educationfrom the U.S. Department of Education Also called the “Buckley Amendment”Also called the “Buckley Amendment”

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LEGAL BASIS FOR CONFIDENTIALITYLEGAL BASIS FOR CONFIDENTIALITY

No Child Left Behind (NCLB)No Child Left Behind (NCLB)

Signed by President George W. Bush Signed by President George W. Bush on January 8, 2002on January 8, 2002

http://www.ed.gov/nclb/landing.jhtmlhttp://www.ed.gov/nclb/landing.jhtml

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LEGAL BASIS FOR CONFIDENTIALITYLEGAL BASIS FOR CONFIDENTIALITY

Protection of Pupil Rights Protection of Pupil Rights Amendment (PPRA) Amendment (PPRA)

http://www.ed.gov/policy/gen/guid/http://www.ed.gov/policy/gen/guid/fpco/ppra/index.htmlfpco/ppra/index.html

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LEGAL BASIS FOR CONFIDENTIALITYLEGAL BASIS FOR CONFIDENTIALITY

Elementary and Secondary Education Elementary and Secondary Education Act (ESEA)Act (ESEA)

Reauthorized with the January 2002 Reauthorized with the January 2002 NCLB Act signed by President George NCLB Act signed by President George W. BushW. Bush

www.k12.wa.us/ESEA www.k12.wa.us/ESEA

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Copyright 2009 by Region 7 Education Service Center. All rights reserved. Copyright 2009 by Region 7 Education Service Center. All rights reserved.

WHO IS THE PARENT?WHO IS THE PARENT?

Parent or legal guardianParent or legal guardianNOTE: Transfer of rights: NOTE: Transfer of rights: Notice must be given directly Notice must be given directly to an eligible student:to an eligible student:

Eligible students are those students who:Eligible students are those students who:

A. Are 18 years of ageA. Are 18 years of age

B. Attend a post-secondary institutionB. Attend a post-secondary institution

C. Are married (regardless of age in Texas)C. Are married (regardless of age in Texas)

Note: In all cases, severity of the student’s disability must be Note: In all cases, severity of the student’s disability must be considered (IDEA)considered (IDEA)

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IDEA and LEAsIDEA and LEAsAnnual Notification of RightsAnnual Notification of Rights

Must effectively inform parents of Must effectively inform parents of students with disabilitiesstudents with disabilities

Including: Including: Procedural SafeguardsProcedural Safeguards

Student HandbookStudent Handbook

Annual NoticeAnnual Notice

Explain Directory InformationExplain Directory Information

• Must be in the primary languageMust be in the primary language

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Parents must be given annual Parents must be given annual notice of …notice of …

Their right to inspect and review records.Their right to inspect and review records. A specification of criteria for determining who constitutes a school A specification of criteria for determining who constitutes a school

official and what constitutes a legitimate educational interest if official and what constitutes a legitimate educational interest if the agency or institution discloses or intends to disclose the agency or institution discloses or intends to disclose personally identifiable information to school officials without personally identifiable information to school officials without consent.consent.

The right of parents to file a complaint with the Family Policy The right of parents to file a complaint with the Family Policy Compliance Office (FPCO) in the Department. A model notification Compliance Office (FPCO) in the Department. A model notification letter is available at www.ed.gov/policy/gen/guid/fpcoletter is available at www.ed.gov/policy/gen/guid/fpco

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WHAT IS CONSIDERED WHAT IS CONSIDERED PERSONALLY IDENTIFIABLE PERSONALLY IDENTIFIABLE

INFORMATION?INFORMATION?Any data that includesAny data that includes Name of the studentName of the student Name of the student’s parents or Name of the student’s parents or

other family membersother family members Address of the studentAddress of the student Any personal identifier such as social Any personal identifier such as social

security numbersecurity number Phone number of student or familyPhone number of student or family

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ALSO CONSIDERED ALSO CONSIDERED PERSONALLY IDENTIFIABLE…PERSONALLY IDENTIFIABLE…

Records, files, documents, and other Records, files, documents, and other materials which materials which

A. Contain information directly related to A. Contain information directly related to a studenta student

B. Are maintained by an educational B. Are maintained by an educational agency or institution or by a person acting agency or institution or by a person acting for such an agency or institutionfor such an agency or institution

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Annual Notice Must Also IncludeAnnual Notice Must Also Include

Notification of right to request amendment Notification of right to request amendment of recordsof records

Right to request amendment of records if Right to request amendment of records if information is inaccurate, misleading, or in information is inaccurate, misleading, or in violation of privacy rightsviolation of privacy rights

If agency decides to amend, notify parents in If agency decides to amend, notify parents in writingwriting

If agency refuses to amend, notify parent of If agency refuses to amend, notify parent of refusal and inform parent of right to a hearingrefusal and inform parent of right to a hearing

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RESULTS of the HEARINGRESULTS of the HEARING

A. Records amended– parent notified A. Records amended– parent notified in writingin writing

B. Records not amended—parent B. Records not amended—parent informed to place statement in informed to place statement in education fileeducation file

Any parent explanation of Any parent explanation of disagreement with records must be disagreement with records must be maintained with the records and maintained with the records and disclosed with the recordsdisclosed with the records

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More Parents Rights to Review RecordsMore Parents Rights to Review Records

Parents have the right to have a Parents have the right to have a representative review recordsrepresentative review records

Parents have the right to a response Parents have the right to a response to requests for explanation and to requests for explanation and interpretation of records interpretation of records

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More Parents RightsMore Parents Rights Parents have the right to inspect only information related to Parents have the right to inspect only information related to

their own childtheir own child

Parent’s rights extend to both parents unless otherwise Parent’s rights extend to both parents unless otherwise indicated by lawindicated by law

Parents have the right to obtain copies of recordsParents have the right to obtain copies of records

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SOLE POSSESSION OF RECORDSSOLE POSSESSION OF RECORDS

Sole possession records are EXEMPT from parent access, Sole possession records are EXEMPT from parent access, challenge and control IF they meet the following test:challenge and control IF they meet the following test:

1. They are private notes created solely by the individual 1. They are private notes created solely by the individual possessing thempossessing them

and/orand/or

2. They are used as a personal memory aid (must)2. They are used as a personal memory aid (must)

and/orand/or

3. The information in the note is not accessible or revealed 3. The information in the note is not accessible or revealed to any other person (except the possessor’s temporary to any other person (except the possessor’s temporary substitute)substitute)

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CONSENT FOR DISCLOSURECONSENT FOR DISCLOSURE

Annual written notification of the right to consent to Annual written notification of the right to consent to disclosuredisclosure

Written consent signed and dated including:Written consent signed and dated including:A. Specifications of records disclosedA. Specifications of records disclosedB. Purpose of disclosureB. Purpose of disclosureC. Parties to whom disclosure is madeC. Parties to whom disclosure is made

Copies of disclosed records provided to parent upon requestCopies of disclosed records provided to parent upon request

Third party disclosure prohibited without written consent of Third party disclosure prohibited without written consent of parentparent

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Conditions Where Prior ConsentConditions Where Prior ConsentIs Not RequiredIs Not Required

A. Disclosure within agency with A. Disclosure within agency with legitimate education interestlegitimate education interest

B. Transfer RecordsB. Transfer RecordsC. Directory InformationC. Directory InformationD. Audit PurposesD. Audit PurposesE. Subpoenas or court orderE. Subpoenas or court orderF. Related to disciplinary actionsF. Related to disciplinary actionsG. Financial aidG. Financial aidH. Health and safety emergenciesH. Health and safety emergencies

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DIRECTORY INFORMATIONDIRECTORY INFORMATION

Student’s nameStudent’s name Student’s addressStudent’s address Student’s telephone numberStudent’s telephone number Student’s date and place of birthStudent’s date and place of birth Student’s major field of studyStudent’s major field of study Participation in officially recognized sports Participation in officially recognized sports

and activitiesand activities Student’s weight and height (if student is Student’s weight and height (if student is

a member of an athletic team)a member of an athletic team)

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MORE DIRECTORY MORE DIRECTORY INFORMATIONINFORMATION

Dates of attendanceDates of attendance Degree or awards receivedDegree or awards received Most recent previous educational Most recent previous educational

institution or agency attendedinstitution or agency attended

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Directory Information May Be Directory Information May Be Disclosed Disclosed IFIF

The parents have been given annual The parents have been given annual public notice of the types of public notice of the types of information designated as directory information designated as directory informationinformation

The parents have been given an The parents have been given an opportunity to opt outopportunity to opt out

Note: If the parent has not been given this Note: If the parent has not been given this information and the LEA discloses information information and the LEA discloses information without consent, the LEA must immediately notify without consent, the LEA must immediately notify parents and provide the above information.parents and provide the above information.

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Record of AccessRecord of Access Agency maintains record which indicates:Agency maintains record which indicates:

A. Name of party having accessA. Name of party having accessB. Date access givenB. Date access givenC. Purpose of accessC. Purpose of access

Record of access is maintained as long as student Record of access is maintained as long as student records are maintainedrecords are maintained

Record may be inspected by:Record may be inspected by:A. ParentsA. ParentsB. School officialsB. School officialsC. AuditorsC. Auditors

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Parents have the right to file a complaint Parents have the right to file a complaint

Annual Notification of RightsAnnual Notification of Rights

Address of U.S. Department of EducationAddress of U.S. Department of Education

Family Policy Compliance OfficeFamily Policy Compliance OfficeU.S. Department of EducationU.S. Department of Education400 Maryland Avenue, SW400 Maryland Avenue, SWWashington, D.C. 20202-5920Washington, D.C. 20202-5920

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* Confidentiality is protected at four * Confidentiality is protected at four stagesstages

1. Collection1. Collection

2. Storage2. Storage

3. Disclosure3. Disclosure

4. Destruction4. Destruction

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More on SafeguardsMore on Safeguards

One official assumes responsibilityOne official assumes responsibility

All personnel receive trainingAll personnel receive training

Agency maintains list, for public Agency maintains list, for public inspection, of persons (names and inspection, of persons (names and positions) within agency who have positions) within agency who have access to personally identifiable access to personally identifiable

informationinformation

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DESTRUCTION DESTRUCTION OFOF

INFORMATIONINFORMATION Records are not destroyed if there is an Records are not destroyed if there is an

outstanding inspection requestoutstanding inspection request

Parents informed when information is no Parents informed when information is no longer neededlonger needed

Information no longer needed is destroyed Information no longer needed is destroyed at parents’ requestat parents’ request

A permanent record is maintainedA permanent record is maintained

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PROTECTION OF PUPIL RIGHTS PROTECTION OF PUPIL RIGHTS AMENDMENT (PPRA)AMENDMENT (PPRA)

Statute 20 U.S.C. 1232h. Regulations: 34 CFR Part 98Statute 20 U.S.C. 1232h. Regulations: 34 CFR Part 98

Governs the administration to Governs the administration to students of a survey, students of a survey, analysis, or evaluation that analysis, or evaluation that concerns one or more of the concerns one or more of the protected areas:protected areas:

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MORE on PPRAMORE on PPRA

PPRA also concernsPPRA also concerns:: Marketing surveys and other areas of Marketing surveys and other areas of

student privacystudent privacy Parental access to informationParental access to information The administration of certain The administration of certain

physical examinations to minorsphysical examinations to minors

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8 PROTECTED AREAS8 PROTECTED AREAS

1. Political affiliations or beliefs of the 1. Political affiliations or beliefs of the student or the student’s parentsstudent or the student’s parents

2. Mental or psychological problems of the 2. Mental or psychological problems of the student or the student’s familystudent or the student’s family

3. Sex behavior or attitudes3. Sex behavior or attitudes

4. Illegal, ant-social, self-incriminating, or 4. Illegal, ant-social, self-incriminating, or demeaning behaviordemeaning behavior

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8 PROTECTED AREAS8 PROTECTED AREAS(continued)(continued)

5. Critical appraisals of other individuals 5. Critical appraisals of other individuals with whom respondents have close with whom respondents have close family family relationshipsrelationships

6. Legally recognized privileged or 6. Legally recognized privileged or analogous relationships, such as those analogous relationships, such as those of of lawyers, physicians, and ministerslawyers, physicians, and ministers

7. Income (other than that required by law 7. Income (other than that required by law to determine eligibility for to determine eligibility for

participation participation in a program or for in a program or for receiving financial receiving financial assistance under such assistance under such program)program)

8. Religious practices, affiliations, or beliefs 8. Religious practices, affiliations, or beliefs of student or student's parent (added of student or student's parent (added by NCLB)by NCLB)

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NCLB’s amendments to PPRANCLB’s amendments to PPRA

1.1. Gives parents more rights with Gives parents more rights with regard to the surveying of minor regard to the surveying of minor students, the collection of students, the collection of information from students for information from students for marketing purposes, and certain marketing purposes, and certain non-emergency medical non-emergency medical examination. examination.

(See following)(See following)

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NCLB also…NCLB also…

1.1. Added the 8Added the 8thth category (religious category (religious belief)belief)

2.2. Added these provisions for Added these provisions for educational agencies that receive educational agencies that receive funds from any Department funds from any Department program:program:*LEAs are required to develop and *LEAs are required to develop and adopt policies, along with parents, adopt policies, along with parents, regarding the following:regarding the following:

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NCLB and LEANCLB and LEA1. 1. Parents have the right to inspect, upon request, a survey Parents have the right to inspect, upon request, a survey

created by a third party before the survey is administered created by a third party before the survey is administered or distributed by a school to students.or distributed by a school to students.

2.2. LEAs must have policies to protect student privacy if a LEAs must have policies to protect student privacy if a survey containing one or more of the eight protected survey containing one or more of the eight protected items is included. items is included.

3.3. LEAs must have policies dictating how they will handle a LEAs must have policies dictating how they will handle a parents legal right and subsequent request to inspect parents legal right and subsequent request to inspect instructional material.instructional material.

4.4. LEAs must have policies concerning the administration of LEAs must have policies concerning the administration of physical examinations or screening that the school may physical examinations or screening that the school may administer to students.administer to students.

5.5. LEAs must have policies that govern the collection, LEAs must have policies that govern the collection, disclosure, or use of personal information collected for disclosure, or use of personal information collected for the purpose of marketing or selling or providing the the purpose of marketing or selling or providing the information to others and how student privacy will be information to others and how student privacy will be protected.protected.

6.6. LEAs must have policies that indicate how a parent’s right LEAs must have policies that indicate how a parent’s right and request to inspect any instrument used to collect and request to inspect any instrument used to collect personal information.personal information.

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PARENTSPARENTS

Parents and students must be given notice of Parents and students must be given notice of their rights as well as the notice of adoption or their rights as well as the notice of adoption or continued use of policies regarding their rights continued use of policies regarding their rights They must be given: They must be given:

A. Annually at the beginning of the yearA. Annually at the beginning of the year

B. After substantive change in the policyB. After substantive change in the policy

Note: This new notification may be included in the PPRA general notification. (find the model at www.ed.gov/policy/gen/guid/fpco)

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GENERAL NOTIFICATION GENERAL NOTIFICATION MUSTMUST INCLUDEINCLUDE

Clear indication that PPRA applies to Clear indication that PPRA applies to surveys that contain questions about one surveys that contain questions about one or more of the eight protected areas or more of the eight protected areas listed previously listed previously andand

That are funded in whole or in part by That are funded in whole or in part by Department of Education funds Department of Education funds andand

That LEAs will obtain prior written consent That LEAs will obtain prior written consent from parents before students are from parents before students are required to submit to the survey. required to submit to the survey.

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LEAs must notify parents that they LEAs must notify parents that they have the right to reviewhave the right to review, , upon requestupon request::1. Surveys that concern one of the 8 1. Surveys that concern one of the 8

protected areas.protected areas.2. Instructional material associated 2. Instructional material associated

with that survey.with that survey.3. Any instructional material used as 3. Any instructional material used as

part of the curriculum for a part of the curriculum for a student.student.

Sample notification available on FPCO’s web site: Sample notification available on FPCO’s web site: www.ed.gov/policy/gen/guid/fpcowww.ed.gov/policy/gen/guid/fpco

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TERMSTERMS

Instructional Material Instructional Material is material that is provided to a is material that is provided to a

student, regardless of format, student, regardless of format, including printed or representational including printed or representational materials, audio-visual materials, and materials, audio-visual materials, and materials in electronic or digital materials in electronic or digital formats such as material accessible formats such as material accessible through the Internet. through the Internet.

NOT tests or assessmentsNOT tests or assessments

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What if no funding is received from the What if no funding is received from the Department of Education for the Department of Education for the

survey?survey?

1. Annually, at the beginning of the school 1. Annually, at the beginning of the school year, notice must indicate that year, notice must indicate that

parents parents will be given an exact or will be given an exact or approximate approximate date of survey anddate of survey and

2. Parent will have an opportunity to “opt 2. Parent will have an opportunity to “opt out” of his/her child participating.out” of his/her child participating.

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IMPORTANT FACTS TO IMPORTANT FACTS TO REMEMBERREMEMBER

PARENTS MUST HAVE THE RIGHT TO…PARENTS MUST HAVE THE RIGHT TO…

Opt out of those surveys or activitiesOpt out of those surveys or activities Be notified at least annually at the Be notified at least annually at the

beginning of the school year, beginning of the school year, including approximate dates of including approximate dates of eventsevents

Receive notice prior to the event if Receive notice prior to the event if the date is not known at the the date is not known at the beginning of the yearbeginning of the year

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TermsTerms

Invasive Physical Examination isInvasive Physical Examination is

any medical examination that involves any medical examination that involves the exposure of private body parts, the exposure of private body parts, or any act during such examination or any act during such examination that includes incision, insertion, or that includes incision, insertion, or injection into the body, but does not injection into the body, but does not include a hearing, vision, or scoliosis include a hearing, vision, or scoliosis screening.screening.

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Direct Notice to ParentsDirect Notice to Parents

Through mail or emailThrough mail or email If student is participating inIf student is participating in

• Activities involving collection, disclosure, or use of Activities involving collection, disclosure, or use of personal information collected for the purpose of personal information collected for the purpose of marketing or for selling that information, or otherwise marketing or for selling that information, or otherwise providing that information to others for that purpose.providing that information to others for that purpose.

• Any non-emergency, invasive physical examination or Any non-emergency, invasive physical examination or screening that is required as a condition of attendance, screening that is required as a condition of attendance, administered by school and scheduled in advance.administered by school and scheduled in advance.

• Administration of surveys containing one or more of the Administration of surveys containing one or more of the 8 protected areas and is not funded in any part by the 8 protected areas and is not funded in any part by the Department of Education. Note: active consent must be Department of Education. Note: active consent must be obtained and not an opt-out procedure if the survey is obtained and not an opt-out procedure if the survey is funded in whole or in part with Department funds. funded in whole or in part with Department funds.

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ExemptionsExemptions

This law does not apply to any This law does not apply to any physical examination or screening physical examination or screening that is permitted or required by State that is permitted or required by State law, including physical examinations law, including physical examinations or screenings permitted without or screenings permitted without parental notification.parental notification.

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What about personal information What about personal information not used for marketing purposes?not used for marketing purposes?

Requirements do not apply if the information is being Requirements do not apply if the information is being collected to develop, evaluate, or provide collected to develop, evaluate, or provide educational products. Examples:educational products. Examples:

College or postsecondary educational recruitmentCollege or postsecondary educational recruitment Military recruitmentMilitary recruitment Book clubs, magazines, etc., providing access to Book clubs, magazines, etc., providing access to

low-cost literary productslow-cost literary products Curriculum and instructional materials use by Curriculum and instructional materials use by

schoolsschools Tests and assessmentsTests and assessments Student sales of products for fundraisersStudent sales of products for fundraisers Student recognition programsStudent recognition programs

ATM

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More Responsibilities More Responsibilities

LEAs that send or receive information from LEAs that send or receive information from another educational institution mustanother educational institution must• Keep documentation for as long as the record Keep documentation for as long as the record

is keptis kept• Make every attempt to contact the parentMake every attempt to contact the parent• Follow all legal requirements with the Follow all legal requirements with the

information as the original LEAinformation as the original LEA

See www.ed.gov/policy/gen/guid/fpco/ferpa/index.html See www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

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NCLB and ESEA (Elementary and NCLB and ESEA (Elementary and Secondary Education Act)Secondary Education Act)

What about disciplinary records?What about disciplinary records?• Each school district should have a Each school district should have a

procedure in place for the transfer ofprocedure in place for the transfer of

educational records regarding educational records regarding

suspension and expulsion to a private suspension and expulsion to a private

or public school in which a studentor public school in which a student

is planning to enroll.is planning to enroll.

Each LEA should include in their annual notice of Each LEA should include in their annual notice of rights under FERPA that they forward education rights under FERPA that they forward education records to other schools that have requested the records to other schools that have requested the records in which a student plans to enroll.records in which a student plans to enroll.

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Some NO NOsSome NO NOs

FERPA provides that an LEA that FERPA provides that an LEA that receives Department funds may not receives Department funds may not have a policy or practice of denying have a policy or practice of denying parents the right to:parents the right to:• Inspect and review education recordsInspect and review education records• Seek to amend education recordsSeek to amend education records• Consent to the disclosure of personally Consent to the disclosure of personally

identifiable information from educational identifiable information from educational records except as specified by lawrecords except as specified by law

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Did you know?Did you know?

LEAs may use funds provided under LEAs may use funds provided under part A of Title V of the ESEA to part A of Title V of the ESEA to enhance parental involvement in enhance parental involvement in areas affecting the in-school privacy areas affecting the in-school privacy of students, such as reimbursement of students, such as reimbursement for costs associated with this direct for costs associated with this direct notification. notification.

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Listen CloselyListen Closely

LEAs are not required to develop or LEAs are not required to develop or adopt new policies if they have in adopt new policies if they have in place on the date of the enactment place on the date of the enactment of NCLB policies covering the of NCLB policies covering the requirements of this lawrequirements of this law

HOWEVERHOWEVER

Annual notice is still required!!!!!Annual notice is still required!!!!!

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In PracticeIn Practice

1.1. Awareness of confidentiality laws Awareness of confidentiality laws and requirementsand requirements

2.2. Complying with procedures Complying with procedures regarding written educational regarding written educational records records

3.3. Being sensitive to violations of Being sensitive to violations of confidentiality in verbal exchanges confidentiality in verbal exchanges with otherswith others

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CONFIDENTIALITY CAN BE BROKEN WHEN…CONFIDENTIALITY CAN BE BROKEN WHEN…

Staff discuss a child in inappropriate Staff discuss a child in inappropriate places or situations orplaces or situations or

Staff repeat gossip or rumors about a child Staff repeat gossip or rumors about a child or his familyor his family

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ConfidentialityConfidentialityin in

PracticePractice GOSSIP VERSUS PROFESSIONALISMGOSSIP VERSUS PROFESSIONALISM

WHO are you

talking to? (Whom are you talking about?)

WHAT are you

talking about?

WHY are you

talking?

WHERE are

you talking?

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The Old “Teacher” JokeThe Old “Teacher” Joke

“Today we divided theClass into learning levels.It’s time to separate the Sharpies from the dummies.”

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May I make a suggestion?If you tell a child he’sin the dumb group itis enough to make him act dumb. Why not disguisethe groups. Give them animal names.

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The Old “Teacher” JokeThe Old “Teacher” Joke

“Roger, you’re a lion. Jane, you’reA tiger. Malcolm, you’re a lower crustacean.”

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FromFrom“Six Chix” by Isabella Bannerman“Six Chix” by Isabella Bannerman

I am not a gossip. I happen to haveChronic-IntrigueSyndrome.