CONFIDENTIALITY

Floyd County Schools

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 about a student and the student’s record.

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THREE CONFIDENTIALITY LAWS

• FERPA- The Family Education Rights and Privacy Act
• IDEA- Individuals with Disabilities Education Act
• HIPPA- Health Insurance Portability and Accountability Act

* Any school that receives federal or state education funds must comply with all privacy acts.

Students are Afforded the Right to Privacy

The Family Education Rights and Privacy Act of 1974, commonly known as FERPA, is a federal law that protects the privacy of student education records. Students have specific, protected rights regarding the release of such records and FERPA requires that institutions adhere strictly to these guidelines. Therefore, it is imperative that the faculty and staff have a working knowledge of FERPA guidelines before releasing educational records.

Educational Records

Any record that contains personally identifiable information that is directly related to the student is considered an educational record.

Such records may include:

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• Written documents
• Computer media
• Video or audio tapes
• Photographs
• Records kept by the school in the form of student files, including student system databases.

Personally Identifiable Information Includes

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• Name of child, parent or other family members
• Address of child
• Personal identification numbers (Social Security or Student ID Number)
• Characteristics or Other Information that would identify the child.

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WHO HAS ACCESS TO CONFIDENTIAL INFORMATION?

• Office Staff
• Custodians
• Cafeteria Workers
• Teachers
• Para-Educators
• Bus Drivers

WHY IS CONFIDENTIALITY IMPORTANT?

• Federal funds may be withheld from a school district if violations are found.
• Parents may bring civil action against a school district for violations.

To Assist With Records Being Kept Private

• ALL STAFF will be trained annually in confidentiality of records

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• ALL STAFF who view confidential records should have a “legitimate educational interest”

STUDENT RECORDS ARE AVAILABLE TO......

• Student Representatives – who have Educational Decision Making Rights
• Emancipated Students
• District Employees with Legitimate Education Interest
• Staff from the KY and US Departments of Education on official business

DISCLOSURE MEANS.........

• Permitting access to, releasing, transferring, or other communication of educational records of a child or youth by any means (orally, written, fax, email, etc.)

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• An official records request signed by the student representative with educational decision making rights must be received prior to disclosing student records.

DISTRICT STAFF ENSURE REPRESENTATIVES ONLY VIEW INFORMATION ABOUT THEIR CHILD BY.....

• Covering information about other students when discussing grades, discipline, and other confidential topics about a particular student.
• Only citing one student's name on each disciplinary report and allowing only the student's representative to have access to the report.
• Discussing information about a child with that child's representative (During parent/teacher conferences, ARC Meetings, etc.)
• Not sharing confidential information with anyone, unless student representatives have given written permission to allow access.

Summary

All students have a right to their privacy and as professionals it is our responsibility to protect that right…

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