CONFIDENTIALITY
ASD Special Education
Watch what you say
Where you say it
To whom you say it
S
Goal Question….
S What can I do personally and/or
professionally to improve my practice in
preserving the confidentiality of the
students, staff, parents and others that I
work with?
What is Confidentiality?
Confidentiality is the act
of protecting all personally identifiable
data, information, and records collected, used,
or kept by the school district about a student.
Confidentiality requirements also apply to discussions
(verbal or written) about a student and the student’s record.
Three Confidentiality Laws
• FERPA – Family Education Rights and Privacy Act
(federal law that protects the privacy of student education records)
• IDEIA – Individuals with Disabilities Education
Act(Individuals with Disabilities Education Improvement Act)
• HIPAA – Health Insurance Portability and
Accountability Act
subject to FERPA)
(most health related records kept in schools are
What is Personally Identifiable
Information?
S Name of student, student’s parents or other family
members
S Address of the student
S Any personal identifier – SS#, student number
S A list of personal characteristics that would make
it possible to identify the student
Definition of Education records
S Records, files, documents and other
materials which contain information
directly related to a student and are
maintained by an educational agency or
institution, or by a person acting for such
agency or institution.
Gossip vs…Professional Sharing of
Information
When talking/writing to a colleague about a
student or his family, apply these four tests to
see if the discussion may be violating the
student’s confidentiality rights:
Test Time
Ask these questions to protect yourself:
1. Who is listening or could be?
2. Who/What is being discussed?
3. Where is the discussion taking place?
4. Why is the discussion taking place?
Who is Listening
S If the parties to the discussion are school officials with
legitimate educational interest there is no problem with
confidentiality
S If others are listening who have no legitimate educational
interest such as a teacher or paraeducator who does not
work with the child, another child, students in the hall,
parents, people in a store, confidentiality may be violated.
What is Discussed
S If the discussion involves directory information there is no
problem unless the parent has refused to have this information
released
S If the discussion involves other personally identifiable information
that is confidential, the parties should be sure that legitimate
educational interest/need is involved
S If the discussion involves information that is rumor, opinion, or
hearsay, chances are that confidentiality will be in question, and
the parties have moved from professionalism to gossip
Where the Discussion Takes Place
S If the discussion occurs in a private place such as a teacher’s
empty room, empty teacher’s lounge there is no problem
with confidentiality
S If the discussion occurs in a public place such as the
playground, halls, a busy teacher’s work area, a store, at
church, there is a good chance that confidentiality could be
violated.
Why the Discussion Took Place
S If the parties have legitimate educational interest in a
student and are sharing information that will help them
work with the child, then there is no problem with
confidentiality
S If the parties are gossiping to pass time, comparing students,
sharing worst case stories, carrying tales about a student or
his family, or for other non-educational reasons, there is
probably a problem with confidentiality.
Confidentiality in Practice
S Awareness of confidentiality laws and requirements
S Complying with procedures regarding written educational
records
S Being sensitive to violations of confidentiality in verbal and
written (such as email, social networking) exchanges with others.
Confidentiality May Be Violated
S When staff discusses a child in inappropriate places or
situations (even sharing names, facts about other students in
an IEP…discussing Sp. Ed. students from other schools in
staff meetings)
S When staff repeats gossip or
rumors about a child or his family
Sample Situation
S A teacher and her para see each other at the store, start talking about
a student at school. (Ex. He and his twin are autistic and the parents
have no discipline at home. Well, with 5 other siblings you know
there are problems, the oldest…. maybe if they didn’t live in
Boulder…)
S Inappropriate place
S Others listening
S Content not appropriate
S No educational interest/need
Sample Situation
S Teacher writes about her class on Facebook and uses
students first names and describes behavior and disabilities.
OR
Staff member emails former school staff member about
students, behaviors, parents, situations.
S Why is this a problem?
Scenarios
S When asked if his confidential files were secured, the
teacher replied, “Yes. I keep them in my desk drawer, and
when I leave the room, I lock the door to my room.”
S Was he correct?
S No. His files are not secure because anyone
with a key has access. It is better to have a file cabinet,
cabinet or desk with a lock.
Scenario
S A general and a special ed teacher were sitting in the
teachers’ lounge discussing a child they taught in their coteaching class. They called the child by name and talked
about his behavior problems, and his disability.
S Were the teachers violating confidentiality?
S If the discussion was in private – no others around, and they
had a legitimate educational interest in the child, they were
probably not violating the child’s confidentiality.
Scenario
S A school posts on the main office bulletin board a list of all
the students in the resource classroom prior to end of year
testing so that teachers will check accommodations for the
students.
S Is confidentiality violated?
S Yes – includes information other than directory information.
CONFIDENTIALITY
S Please complete the quiz and confidentiality agreement.
Then give the copy to your school principal. (required for
all special education staff including teachers, related servers,
paraeducators)