aws - kentucky department of educationvclass.washington.kyschools.us/employee-resources... · slide...

Professional Development for Educators Serving Children and Youth with Disabilities

Professional Development for Educators Serving Children and

Youth with Disabilities

Sponsored byCentral Kentucky Special Education Cooperative

Confidentiality of Records

Central KY Special Education Cooperative developed this presentation to provide an overview of the laws affecting the confidentiality of student’s records. Each public school district is required to have policy and procedures concerning confidentiality. This presentation addresses the general requirements for all school personnel. It is not intended to be specific to individual school districts. Please consult district policies for specific procedures and timelines.

Slide 2 Applicable Laws

Family Educational Rights and Privacy

Act (FERPA or the Buckley Amendment)

Individuals with Disabilities Education

Act (IDEA)

Kentucky Safe Schools Legislation (HB

330)

Several laws address confidentiality of students’ records; the Family Education Rights and Privacy Act (this act is referred to as FERPA or the Buckley Amendment), the Individuals with Disabilities Education Act of 1997, (this act is referred to as IDEA), and the Kentucky Safe School Legislation.

Slide 3 Importance of Confidentiality

District may have federal funds

withheld if violations are found.

Parents may proceed in a private civil

action against the school district

seeking redress for violations.

As professionals, it’s the right thing to

do!

Knowing and following the confidentiality requirements is a requirement for all school district employees. The Secretary of Education may withhold Federal funding from any school district that fails to comply with FERPA. The U.S. District Court in Kentucky has allowed parents to proceed in a private civil action against a school district seeking redress for student’s FERPA rights. All professionals, such as doctors and lawyers, are expected to abide by the laws of confidentiality , as educators we are also professionals. As professionals protecting the rights of confidentiality for our students is not only the law, but it’s the right thing to do.

Definition of Confidentiality

Confidentiality requirements apply to

all personally identifiable data,

information, and records used, or kept,

by the school district about a student.

Confidentiality requirements also apply

to discussions about a student.

The term confidentiality means protecting all personally identifiable data, information and records used or kept by the school district about a student. Confidentiality is not limited to written documentation about a student. Confidentiality requirements also apply to discussions about a student.

Slide 5 Definition of Disclosure

Disclosure refers to permitting access

to or the release, transfer, and other

communication of educational records

of a student.

Disclosure can be oral, in writing, or by

any other method, including phone or

email.

The term disclosure means permitting access to, the release, transfer, and other communication of educational records of a child or youth. This includes disclosure made orally, in writing, or by any other means, including electronic transfer of information through a telecommunication system. In other words, disclosure is any method used to give someone access to an educational record.

Slide 6 Definition of Educational Records

Educational records are documents

and other written information directly

related to a student including:

– Personal and family data;

– Evaluation and test data;

–Medical, psychological, and progress

monitoring;

–Written accounts of conferences; or

– School-related discipline reports.

Educational record refers to documents and other written information directly related to a child or youth. The educational record may include: personal or family data, evaluation data, medical and psychological reports, and progress monitoring, written accounts of conferences, or any other information about the child. Recent additions to the laws concerning confidentiality have made in clear that all school related discipline records are considered part of the educational records of the student.

Definition of Eligible Student

An eligible student is a student who:

–Has reached the age of 18, or

– Is attending a postsecondary

education institution.

If a court has established limited or

full guardianship, a student at the age

of 18 is not an eligible student.

The term eligible student means a youth that has reached the age of 18, or is attending a post secondary education institution. Students over the age of 18 are not considered eligible students if a court has established limited or full guardianship for the student.

Slide 8 Definition of Personally Identifiable

Personally identifiable information is

data or information that includes:

–Names/addresses of the

student/parents/family members;

– Student’s social security

number/student number; or

– Personal characteristics/traits/other

information which make identification

easy.

Personally Identifiable information refers to data or information such as child or youth’s name or address, family member’s names or addresses, a student’s social security number or student number, or a description that would list personal characteristics or traits to identify the student. Personally identifiable information is really anything that would make it easy to identify the student.

Slide 9 Public Notice

Must be provided at least once each year.

Must be provided before any major

identification, location, or evaluation

activity.

Must be published in the local paper.

Must be published in all know languages

and means of communication of the

population within the school district.

It is the local school district’s responsibility to give a public notice about confidentiality protections to parents. This notice must be completed at least annually and before any major identification, location and evaluation activity. The notice is to be published in the local newspaper and must be made available in all know languages and means of communication of the population within the school district. On-line suggestion: Have a picture of a newspaper clipping, with “annually”, and “in all known languages” float in as the content is read.

Access Rights

Parents have the right to review and

inspect any educational record.

Eligible students have the right to review

and inspect any educational records.

Guardians and persons appointed to act as

surrogate parents have the right to review

and inspect any educational records.

The local school district permits parents to review and inspect any educational records. The same access rights apply to an eligible student. Guardians and persons appointed to act as surrogate parents have the right to review and inspect any educational records.

Slide 11 Access Rights

Both parents are allowed access to

educational records, unless the district is

presented with a court order or other

legally binding document that specifically

revokes parental rights.

If a child is under foster care, the foster

parents have the right to review and

inspect the school records of the child.

Both parents are allowed access to the educational records of a child or youth unless the school has been told a parent is not allowed access due to some legal action such as a divorce decree. The fact that a parent does not have legal custody does not affect the non-custodial parent’s rights to have access to their child’s educational records. Guardians and persons appointed to act as surrogate parents also have the same access rights. If a child is under foster care, the foster parents have the right to review and inspect the school records of the child.


The school district must provide an

explanation/interpretation of records

if the parent makes a request.

A parent may authorize a

representative to inspect or review

the educational records.

If parent or eligible student request for an explanation of the educational records, then the local school district will provide an interpretation. A parent may authorize someone to represent them in inspecting or reviewing the educational records of their child or youth.

Access Rights

Access should be granted:

– As soon as possible, but no later than

45 calendar days from the time the

school personnel receives the request;

– Before any ARC meeting or due process

hearing; and

– At a time and place mutually acceptable

to the parent and school personnel.

Parental access to records should always be granted as soon as possible, however, according to regulations access to records must be given with the 45 calendar days from the time the school personnel receives the request. Access of student’s records should be granted at a time and place mutually acceptable to the parent and school personnel.


Translation must be provided in the

parent’s native language/mode of

communication.

A free copy of the records must be

provided to the parent upon request.

Depending on school district policy, a fee

may be charged for additional copies.

If the primary language or mode of communication used by the parent is non-English, then a translation of the educational records must be provided to the parents. Upon request, a copy of the educational records is provided to the parents. A fee may be charged for the copies. It is recommended to consult with local board policies concerning fees to be charged to parents for copies of educational records.


Test protocols, raw data, and private

notes are considered educational records

if communicated or revealed to others.

Oral communication from private notes or

documents makes the documents

accessible to parents for inspection and

review, even if these are maintained in

the sole possession of the creator.

If test protocols, raw data or private notes are communicated or revealed to others, then this information becomes part of the child or youth’s educational records and are then accessible to the parents. Notes or other documents in the sole possession of the creator are exempt from the parent or eligible student access. Oral communication from such notes or documents makes the documents accessible to parents for inspection and review, even if these are maintained in the sole possession of the creator.

Record of Access

Each folder should properly document a

record of access including:

- Name of person given access;

- Date access was given; and

- Purpose for which access was given.

The school district must ensure the

person accessing the record has a

legitimate educational interest.

Each educational folder shall document a record of access. Documentation shall include the name of the person who obtained access to the educational records, the date the person was given access, and the purpose for which the person was authorized to access the educational records. It is the responsibility of the local school district to insure that the educational record access is given only to those that do have a legitimate educational interest.

Slide 17 Record of Access

Everyone with a legitimate educational

interest must sign record of access,

except parents, eligible students, and

district employees.

The school district must maintain a

current list by names and positions of

those who have access to educational

records.

Anyone not employed by the school district which views an educational records must sign the record of access. If a parent, or eligible youth view the record of their child or themselves then they do not have to sign the record of access. Before accessing an educational record the employee must have a legitimate educational interest. Each school district is required to maintain a current list of the school officials or employees that have access to personally identifiable information. The list includes the name of each employee, and the title of each employee. On-line suggestion: Scan a record of access form from a district.

Record of Access

The school district must maintain a

list of the types and locations of

educational records.

If a record contains information about

more than one student, information

about other students must be

removed before disclosure is

provided.

The local school district maintains of list of the types of records collected, maintained, and used by the school district. The location of the educational records is also maintained by the school district. Sometimes the local school district maintains information or records that contain data on more than one child, such as grade books, or attendance rosters. The right of confidentiality to individual students is preserved in these situations. When a record contains data on more than one student, the parent or eligible student has the right to access only, that, which relates specifically to the child or youth. Personally identifiable information about other students must be removed prior to disclosure of the record to the parent, or eligible student.

Slide 19 Amendment of Records

Record amendment refers to changing,

deleting, or destroying information.

If a parent believes information in the

record is inaccurate, misleading, or

violates privacy, he/she may request

that information be amended.

Record amendment refers to changing, deleting, or destroying information in the educational record of the child or youth. If a parent believes that information in the child’s records is inaccurate, misleading or violates the privacy of the child, then the parent may request that information be amended.


The school district must:

– Decide whether to amend the

information in accordance with the

request, and

–Notify the parent whether the

information has been amended as

requested.

Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. The school considers the parent request and makes a decision. If the decision is to grant the request, then the records are amended and the parent or eligible student is notified of the decision. If the school decides not to amend the record, the parent or eligible student is notified and provided with a written explanation for the decision...

Amendment of Records

The parent must be advised of the right to a

records amendment hearing along with the

amendment hearing procedures used by the

school district.

If the school district decides not to grant the record amendment request then the parent or eligible student is notified of the right to a formal hearing, and given the district’s amendment hearing procedures.


If a hearing is requested, it must be held

in accordance with the school district’s

policies and procedures.

If the results of the hearing are that

records will be amended then the request

is granted and the parent or eligible

student is given a copy of the amended

records.

The hearing must be held in accordance with the school district’s policies and procedures. If the results of the hearing are that records will be amended then the request is granted and the parent or eligible student is given a copy of the amended records.


If the decision is made to not amend the

records, the parent is notified of that

decision.

The school district must allow a statement

commenting on any reasons for disagreeing

with the decision to be added to the records.

This explanation must be maintained and

disclosed as part of the record from that point

on.

If the decision is not to amend the records, then the parents are notified of that decision. Parents are informed of their right to place in the records a statement commenting on any reasons for disagreeing with the decision not to amend the records. The added statement must be maintained as part of the educational record for as long as the record is maintained and the statement must be disclosed whenever the record is released.

Parental Consent

Parental consent is needed to disclose

records to individuals/agencies other

than those indicated on the disclosure

without consent list.

Parental consent is not needed to

discuss directory information.

Local school districts must have parental consent to disclose records to individuals or agencies that are not on the district’s record of access list. Parent consent is not needed to discuss directory information.

Slide 25 Parental Consent

School officials must have a written,

signed, and dated consent to release

personally identifiable information

from educational records, except to

parties authorized by law to receive

such information.

School officials must have a written, signed and dated consent to release personally identifiable information from educational records, except to parties authorized by law to receive such information.

Slide 26 Parental Consent

If a parent refuses to give consent for

the disclosure of educational records

needed to provide a free and

appropriate education, the school

district can request a due process

hearing.

If a parent disagrees with the district and refuses to give consent for the disclosure of educational records and these records are needed to provide the student with a free and appropriate education, then the district requests a due process hearing.

Disclosure

The school district may disclose

personally identifiable information

without written consent as outlined in

local policies and procedures.

This includes to a school in which the

child seeks or intends to enroll, or

authorized government

representatives.

The local school district may disclose personally identifiable information without written consent. These situations are outlined in local policies and procedures. Examples are disclosure of personally identifiable information to a school in which the child seeks to or intends to enroll, or to authorized government representatives.

Slide 28 Disclosure

If the district receives a judicial

order/subpoena, it is recommended the

district inform the parent that the records

will be released.

Directory information may be released

without parental consent unless the

parent provides the district with written

directions not to release such

information.

Upon receiving a judicial order or a lawfully issued subpoena, concerning educational records, it is recommended that the school district contact the parents or eligible student to inform them that the records are being released. Directory information may be released without parent consent unless the parent or eligible student provides the local school district with written directions not to release such information.

Slide 29 Disclosure

In an emergency situation when it is

necessary to protect the health and

safety of a student/other individuals,

school personnel may disclose

personally identifiable information to

the appropriate parties connected to

the emergency.

If an emergency situation arises in which it is necessary to protect the health and safety of a child or youth or other individuals, then the local school district discloses personally identifiable information from the educational records of the child or youth to the appropriate parties connected to the emergency.

Disclosure

The school district must maintain

records of all requests for access to,

and disclosure of, personally

identifiable information.

The local school district maintains records of all requests for access to, and disclosure of, personally identifiable information.

Slide 31 Disclosure

A school district cannot release

information from the educational

records of another school district or

agency, unless the district gets

parental consent for disclosure.

The school district can not release information received from the educational records of another school system or agencies unless the district gets parental or eligible student consent for disclosure.

Slide 32 Safeguards

Confidentiality must be ensured at all

stage of dealing with records: collection,

storage, disclosure, and destruction.

The school district official is responsible

for ensuring the confidentiality of all

educational records at all times.

The local school district ensures that the confidentiality of personally identifiable information is protected and that unauthorized access is prevented at the following stages of dealing with records: collection, storage, disclosure, and destruction. The local school district has the responsibility of ensuring the confidentiality at all times of all educational records.

Safeguards

All school staff who have access to

educational records must receive training

regarding policies/procedures related to

confidentiality.

The school district must maintain, and

update each year, a current list of the

names and positions of district employees

who may access personally identifiable

information.

All staff who have access to educational records receive training regarding policies and procedures related to confidentiality. The local school district maintains and updates each year, a listing of the names and positions of those employees within the district who may have access to personally identifiable information.

Slide 34 Safeguards

The school district must ensures computer

files containing educational records are

secure.

The district must act in a responsible manner

when sending and receiving faxes containing

confidential information.

The school district ensures that computer files containing educational records are secure. When sending or receiving e-mails or faxes which contain confidential information the educational agency must act in a responsible manner. It is recommended that all electronic exchanges containing confidential information have a cover letter and/or confidentiality statement explaining procedures for protecting the information. Before sending a fax it is also recommended to call ahead to ensure the receiver is authorized to receive confidential information. On-line suggestion – pictures of an e-mail with the confidentiality statement and a fax cover letter.

Records Retention

The school district must ensure staff

are familiar with, and follow, Kentucky

record keeping requirements specified

in the Kentucky Department of

Archives Retention and Disposal

Schedule.

The school district must ensure staff are familiar with, and follow, the Kentucky record keeping requirements specified in the Kentucky Department of Archives Retention and Disposal Schedule.

Slide 36 Destruction of Records

The parent must be informed when

educational records are no longer needed

to provide educational services to the

student.

If a parent requests the destruction of

records, only the information that is no

longer needed is destroyed.

The local school district informs parents when educational records are no longer needed to provide educational services to the student. If a parent requests the destruction of records then only the information that is no longer needed is destroyed.

Slide 37 Destruction of Records

Personally identifiable information are

retained as required by Kentucky record

keeping requirements.

– A record of the student’s name, contact

information, his/her grades, attendance record,

classes attended, grade level completed and year

completed are maintained indefinitely.

The district must notify the parent of records

that may be needed for social security

eligibility determination.

Personally identifiable information are retained as long as they are needed for educational purposes. The Kentucky record keeping requirements are set out in the Kentucky Department of Archives Retention and Disposal Schedule. A permanent record of the student’s name, contact information, his or her grades, attendance record, classes attended, grade level completed and year completed are maintained indefinitely. the local school district notifies parents that records may be needed for social security eligibility determination.

Destruction of Records

When a parent requests destruction of

records, the district does not destroy

records if:

- There is an outstanding request to

inspect or review the records, or

- They are needed for compliance with

applicable state and federal

requirements.

If a parent requests destruction of records, the district does not destroy any records if there is an outstanding request to inspect or review the records, or if records are needed for compliance with applicable state and federal requirements.

Slide 39 Rights of the Student

The school district must notify the parent at

least one year prior to a student’s 18th

birthday that access rights will transfer to

the student at age 18.

Transfer occurs unless the district is provided

with evidence that a court order/legal

document proves the parent is the student’s

guardian/representative in educational

matters.

Whenever a student attains the age of 18, the rights accorded to and the consent required of the parent transfer from the parent to the eligible student. At least one year before the student’s 18th birthday, the school district notifies the parents of disabled youth that the rights regarding review, inspection and disclosure of records will transfer to the youth at the age of 18. This transfer is automatic, unless the school district is provided with evidence that there is a court order or legal document indicating the parent is the guardian or youth’s representative in educational matters.

Slide 40 Rights of the Students

The school district cannot disclose

educational records of a student over 18

to the parent without:

- The youth’s written consent,

- A court order, or

- Proof the youth is a dependent as defined in

Section 152 of the Internal Revenue Code of

1954.

The local school district does not disclose educational records of a youth over 18 to the parent without: the youth’s written consent, a court order or proof the youth is a dependent as defined in Section 152 of the Internal Revenue Code of 1954.

Juvenile Court Records

Courts may release certain juvenile court

records to the principal.

These records must be kept confidential in

a locked file.

The principal may release them only to

counseling staff and teacher to whom the

child is assigned for instruction.

Under Kentucky law, the courts may release certain juvenile court records to the principal of a school, which the child attends. These records must be kept confidential in a locked file. The principal may release the information only to counseling staff, and teachers to whom the child is assigned for instruction. No staff member other than the principal of a school is permitted to pass this information to any other individual.

Slide 42 Juvenile Court Records

If the student transfers to another school, the

principal contacts the juvenile court so the

court may send the records to the new

principal.

Juvenile court information may not be

revealed to any other person.

Juvenile court proceedings disclosed to

school officials are not educational records.

If the child transfers to another school the principal contacts the juvenile court, so the court can send the records to the new principal. Juvenile court information may not be revealed to any other person. Kentucky law prohibits records concerning juvenile court proceedings disclosed to school officials from being included in a student’s education records. Legal action may result if confidentiality is not applied to these records. Juvenile court records are not educational records. School discipline records are educational records.

Slide 43 Exercise 1:

Children’s Corner Daycare

The Children's Corner Daycare calls a local school

district and requests that Sue's school records

are forwarded to them. It is a small community

and the person receiving the call is familiar with

the caller. Can the records be sent under these

conditions?

YES NO

(Show 1st bullet) The Children's Corner Daycare calls a local school district and requests that Sue's school records are forwarded to them. It is a small community and the person receiving the call is familiar with the caller. Can the records be sent under these conditions? Yes or No (Yes and No link to feedback page).

Feedback 1:

Children’s Corner Daycare

No. The records cannot be sent without written parental

consent. FERPA and IDEA do not allow a school district

to send personally identifiable information to another

agency without written parental authorization.

(Show 1st bullet) The records cannot be sent without written parental consent. FERPA and IDEA do not allow a school district to send personally identifiable information to another agency without written parental authorization. A daycare may be providing educational activities for the student; however, they are not a state educational school district or agency.

Slide 45 Exercise 2: Amber

Amber's family moved to the neighboring county.

The neighboring school district sent a request for

the transfer of records. Can this information be

forwarded without parental permission?

YES NO

(Show 1st bullet) Amber's family moved to the neighboring county. The neighboring school district sent a request for the transfer of records. Can this information be forwarded without parental permission? Yes or No (Yes and No link to feedback).

Slide 46 Feedback 2: Amber

Yes. The records can be sent to the neighboring school.

FERPA requirements allow the school district to forward

educational records on request to a school in which a student

seeks to enroll.

(Show 1st bullet) The records can be sent to the neighboring school. FERPA requirements allow the school district to forward educational records on request to a school in which a student seeks to enroll. Federal requirements state that a reasonable attempt is made to notify the parent of the student of the transfer of the records, except when the transfer of records is initiated by the parent, or when the school district includes in their Annual Notice that it forwards records on request to another school district.

Exercise 3: Jane

Jane is a teacher assistant at Brownsville Elementary

School. Jane's close friend asked Jane to check on

the progress of the friend's nephew who also attends

Brownsville. Can Jane obtain this information?

YES NO

(Show 1st bullet) Jane is a teacher assistant at Brownsville Elementary School. Jane's close friend asked Jane to check on the progress of the friend's nephew who also attends Brownsville. Can Jane obtain this information? Yes or No (Yes and No link to feedback)

Slide 48 Feedback 3: Jane

No. Jane has no legitimate educational

interest in the progress of someone's nephew;

therefore, she has no right to review his progress.

In order for Jane to review the progress of the

nephew, she would have to be working directly

with the child, but she still could not share the

information with her friend.

(Show 1st bullet) Jane has no legitimate educational interest in the progress of someone's nephew; therefore, she has no right to review his progress. In order for Jane to review the progress of the nephew, she would have to be working directly with the child, but she could not share the information with her friend. A written consent signed by the parent is required before educational records can be released to any one that does not have a legitimate educational interest.

Slide 49 Exercise 5: Matthew

Matthew's natural father arrives at Matthew's school.

He requests to see his son’s school records. A

review of Matthew's school records indicated that his

parents are divorced and that Matthew lives with his

mother. Can the school allow access to educational

records to Matthew's father?

YES NO

(Show 1st bullet) Matthew's natural father arrives at Matthew's school. He requests to see Matthew's school records. A review of Matthew's school records indicated that Matthew's parents are divorced and that Matthew lives with his mother. Can the school allow access to educational records to Matthew's father? Yes or No (Yes and No link to feedback)

Feedback 5: Matthew

Yes. Both natural parents are allowed access to

the educational records of a child, unless the

school has been informed that a parent is not

allowed due to some legal action. The fact that

Matthew's parents are divorced does not

automatically take away his parental rights.

(Show 1st bullet) Both natural parents are allowed access to the educational records of a child, unless the school has been informed that a parent is not allowed due to some legal action. The fact that Matthew's parents are divorced does not automatically take away his parental rights. If the school does not have a legal document stating that a parent does not have access, then the school allows the natural parent access to their child's educational records.

Slide 51 Exercise 6: Mary

Mary is a parent member of a Site Based Decision-

Making Council. Mary would like to have a look at

the recent state test scores of all the students in Mrs.

Reed's class. Does Mary have access to these

records?

YES NO

(Show 1st bullet) Mary is a parent member of a Site Based Decision-Making Council. Mary would like to have a look at the recent state test scores of all the students in Mrs. Reed's class. Does Mary have access to these records? Yes or No (Yes and No link to feedback)

Slide 52 Feedback 6: Mary

NO. Mary does not have the right to access the

students’ educational records. A Site Based

Decision-Making member does not have access to

personally identifiable information. Parent

consent would have to be obtained from each

parent to allow Mary access to the students’

educational records.

(Show 1st bullet) Mary does not have the right to access the students’ educational records. A Site Based Decision-Making member does not have access to personally identifiable information. Parent consent would have to be obtained from each parent to allow Mary access to the students’ educational records.

Exercise 7: Bonnie

Bonnie has recently separated from Fred. Bonnie and

Fred are the natural parents of a student in your

classroom. Bonnie sends you a note that Fred is not

to have access to any of their child's educational

records. Can the school honor Bonnie’s request?

YES NO

(Show 1st bullet) Bonnie has recently separated from Fred. Bonnie and Fred are the natural parents of a student in your classroom. Bonnie sends you a note that Fred is not to have any access to any of their child's educational records. Can the school honor Bonnie’s request? Yes or No (Yes and No link to feedback)

Slide 54 Feedback 7: Bonnie

NO. Both natural parents are allowed access to

the educational records of a child, unless the

school has been informed that a parent is not

allowed access due to some legal action. The fact

that the parents are separated, and the mother has

requested that the father not have access does not

constitute a legal action.

(Show 1st bullet) Both natural parents are allowed access to the educational records of a child, unless the school has been informed that a parent is not allowed access due to some legal action. The fact that the parents are separated, and the mother has requested that the father not have access does not constitute a legal action. If the school does not have a legal document stating that a parent does not have access, then the school allows the natural parent access to his or her child's educational records.

Slide 55 Exercise 8: Kroger’s

While shopping at Kroger’s, an adult in the

community asks you, "How is that new guy in your

class doing? I heard that the police came to school

this week to interview him." What information can

you release concerning this student?

YES NO

(Show 1st bullet) While shopping at Krogers, an adult in the community asks you, "How is that new guy in your class doing? I heard that the police came to school this week to interview him." What information can you release concerning this student? Yes or No (Yes and No link to feedback)

Feedback 8: Kroger's

No information may be released to the community

member concerning this student. This community

member has no legitimate educational interest,

and is not accessible to personally identifiable

information concerning any student without

written consent from a parent.

(Show 1st bullet) No information may be released to the community member concerning this student. This community member has no legitimate educational interest, and is not accessible to personally identifiable information concerning any student without written consent from a parent. An appropriate response could be, "Due to confidentiality laws, school employees are not permitted to discuss individual students without written parent consent."

Slide 57

Professional Development for Educators Serving Children and Youth with Disabilities

Professional Development for Educators Serving Children and

Youth with Disabilities

Sponsored byCentral Kentucky Special Education Cooperative

Confidentiality of Records

Central KY Special Education Cooperative staff has prepared this presentation as an overview of the laws affecting the confidentiality of student’s records. Each public school district is required to have policy and procedures concerning confidentiality. This presentation will address the general requirements for all districts, and is not intended to be specific to individual school districts. Please consult your local policies for specific procedures and timelines.

Slide 58

Thank you for participating

in this professional

development.

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