CONFIDENTIALITY TRAINING FOR

CALLOWAY COUNTY

SCHOOLS VOLUNTEERS

SCHOOL YEAR 2015-16

If violations are found, federal funds If violations are found, federal funds may be withheldmay be withheld

Parents may proceed in a private civil Parents may proceed in a private civil action against the school district action against the school district seeking redress for violationsseeking redress for violations

It’s the right thing to do!It’s the right thing to do!

IMPORTANCE OF IMPORTANCE OF CONFIDENTIALITYCONFIDENTIALITY

ConfidentialityConfidentialityProtecting all personally identifiable Protecting all personally identifiable data, information and records used data, information and records used or maintained by the Calloway or maintained by the Calloway County School District about a County School District about a studentstudent

Applicable to both discussions about Applicable to both discussions about a student and the student’s recorda student and the student’s record

DEFINITIONSDEFINITIONS

DisclosureDisclosurePermitting access to, the release, Permitting access to, the release, transfer, and other communication transfer, and other communication of educational records of a child or of educational records of a child or youthyouth

This includes disclosure made: This includes disclosure made: orallyorallyin writingin writingby any other means, including by any other means, including electronic transfer of informationelectronic transfer of information

DEFINITIONSDEFINITIONS

Personally IdentifiablePersonally IdentifiableData or information that include Data or information that include any of the following:any of the following:name or address of child/youth, name or address of child/youth, parent, or other family memberparent, or other family member

personally identifiable number such personally identifiable number such a Social Security number (You may a Social Security number (You may use SSID number.)use SSID number.)

list of personal characteristics/traits list of personal characteristics/traits or other information which make or other information which make identification easyidentification easy

DEFINITIONSDEFINITIONS

Parental consent is needed to Parental consent is needed to disclose records to individuals disclose records to individuals or agenciesor agencies

School officials must haveSchool officials must have

a written, signed and dated consent a written, signed and dated consent to release personally identifiable to release personally identifiable information from educational information from educational recordsrecords

INFORMED INFORMED CONSENTCONSENT

CCSD may disclose personally CCSD may disclose personally identifiable information identifiable information without parental consentwithout parental consent

when the request is for directory when the request is for directory informationinformation

in an emergency situation when it is in an emergency situation when it is necessary to protect the health and necessary to protect the health and safety of a child/youth or other safety of a child/youth or other individualsindividuals

DISCLOSUREDISCLOSURE

Confidentiality must be ensured at Confidentiality must be ensured at all stages of dealing with records all stages of dealing with records collection, storage, disclosure, and collection, storage, disclosure, and destructiondestruction

An official from the local school An official from the local school district must be responsible for district must be responsible for ensuring the confidentiality of ensuring the confidentiality of special education recordsspecial education records

SAFEGUARDSSAFEGUARDS

All staff who have access to educational All staff who have access to educational records must receive training regarding records must receive training regarding policies and procedures related to policies and procedures related to confidentiality confidentiality

Calloway County Schools must maintain, Calloway County Schools must maintain, and update each year, a current listing of and update each year, a current listing of employees who may have access to employees who may have access to personally identifiable informationpersonally identifiable information

SAFEGUARDSSAFEGUARDS

Calloway County School District Calloway County School District must…must…ensure computer files containing ensure computer files containing educational records are secureeducational records are secure

act in a responsible manner when act in a responsible manner when sending and receiving faxes containing sending and receiving faxes containing confidential informationconfidential information

SAFEGUARDSSAFEGUARDS

Parents of students with Parents of students with disabilities must be notified at disabilities must be notified at least one year prior to a least one year prior to a youth’s 18th birthdayyouth’s 18th birthday

that parental rights will transfer to that parental rights will transfer to the youth at age 18the youth at age 18

unless the district is provided with unless the district is provided with evidence that proves the parent is evidence that proves the parent is the guardian or youth's the guardian or youth's representative in educational representative in educational mattersmatters

RIGHTS OF THE CHILD RIGHTS OF THE CHILD OR YOUTHOR YOUTH

The CCSD does not disclose The CCSD does not disclose educational records of a youth educational records of a youth over 18 to parents withoutover 18 to parents withoutthe youth’s written consentthe youth’s written consenta court order, ora court order, orevidence that the parent has evidence that the parent has custodial authority over the studentcustodial authority over the student

RIGHTS OF THE CHILD OR YOUTH

HEAR, SPEAK, SEE NO CONFIDENTIAL INFORMATION

TO SPEAK OR NOT TO SPEAK

Personally Identifiable Information Includes More Than Written Documentation

•Verbal Information•E-mails•Faculty/Staff Lounges•Unsecured memos/ notes/etc.•Stray comments•Gossip•Pictures•Facebook/Social Media

When discussing a student with a colleague, four W’s should be applied to your conversation:

WWho? ho? WWhat?hat?WWhere?here?WWhy?hy?

PROFESSIONAL SHARING

WhoWho is listening to your conversation?If you are discussing a student with a colleague who has a legitimate educational interest in an appropriate location, confidentiality has not been violated.

If others are listening and they do not have a legitimate educational interest, you are violating confidentiality.

WHO?

WhatWhat is being discussed?If personally identifiable information is being discussed, it must be for a legitimate educational purpose with someone who has a legitimate educational interest.

WHAT?

WhereWhere is the conversation taking place?Any discussion should take place in private and not in a public place where other staff members without a legitimate educational interest or where students could overhear.

WHERE?

WhyWhy is the conversation occurring?The conversation should have a legitimate educational interest.

If the discussion involves sharing rumors, opinions, or hearsay, the speech has moved from professional to gossip.

WHY?