1. Confidentiality TrainingConfidentiality Training
Electra ISDElectra ISD
2013-2014 School Year2013-2014 School Year

2. Legal RegulationsLegal Regulations
for Confidentialityfor Confidentiality
 FERPAFERPA (Family Education Rights and(Family Education Rights and
Privacy Act)Privacy Act)
 IDEAIDEA ( Individuals with Disabilities( Individuals with Disabilities
Education Act)Education Act)
 TACTAC (Texas Administrative Code)(Texas Administrative Code)
 TECTEC (Texas Education Code)(Texas Education Code)

3. FERPA’s Rules for theFERPA’s Rules for the
Disclosure of RecordsDisclosure of Records
 Disclose to parents or eligible students upon request.Disclose to parents or eligible students upon request.
 Consent of parent or eligible student required forConsent of parent or eligible student required for
disclosure to anyone else unless one of the exceptionsdisclosure to anyone else unless one of the exceptions
to consent applies.to consent applies.
 Inspection and review of all education records by parentInspection and review of all education records by parent
or adult student.or adult student.
 Inspection and review of all education records by parentInspection and review of all education records by parent
or adult student.or adult student.
 No right to copy unless circumstances effectively preventNo right to copy unless circumstances effectively prevent
parent or eligible student from exercising the right toparent or eligible student from exercising the right to
inspect and review.inspect and review.
 This right is very broad and encompasses virtually everyThis right is very broad and encompasses virtually every
document pertaining to the studentdocument pertaining to the student

4. IDEA’s Rules for theIDEA’s Rules for the
Disclosure of RecordsDisclosure of Records
 Require parental consent before releasing records toRequire parental consent before releasing records to
anyone other than ISD personnel using the records foranyone other than ISD personnel using the records for
special education purposes.special education purposes.
 Deny release of records without parental consent.Deny release of records without parental consent.
FERPA does allow release to another ISD where theFERPA does allow release to another ISD where the
student is enrolling for services. EISD requires specificstudent is enrolling for services. EISD requires specific
documentation from that ISD even in this circumstance.documentation from that ISD even in this circumstance.
 Provide parents, upon request, a list of types andProvide parents, upon request, a list of types and
location of educational records collected, maintained, orlocation of educational records collected, maintained, or
used by the ISD.used by the ISD.

5. Access Rights of Parents to SpecialAccess Rights of Parents to Special
Education RecordsEducation Records
 Must provide parents, upon request by parent, a list of types andMust provide parents, upon request by parent, a list of types and
location of education records collected, maintained and used bylocation of education records collected, maintained and used by
EISD.EISD.
 Must allow parents to inspect and review (NO RIGHT TO COPY)Must allow parents to inspect and review (NO RIGHT TO COPY)
any education records relating to their children that are collectedany education records relating to their children that are collected
and maintained or used for special education purposes (purpleand maintained or used for special education purposes (purple
folders).folders).
 Disclose to parents under federal or state law virtually all records,Disclose to parents under federal or state law virtually all records,
including test protocols (NO RIGHT TO COPY).including test protocols (NO RIGHT TO COPY).
 Allow parents to review copyrighted materials, buy may not use ISDAllow parents to review copyrighted materials, buy may not use ISD
equipment to copy them.equipment to copy them.
 Allow parent to inspect and review ONLY the information related toAllow parent to inspect and review ONLY the information related to
his/her child should any education recordhis/her child should any education record include information oninclude information on
more than one child.more than one child.

6. Recording of Access to RecordsRecording of Access to Records
 Must keep a record of parties obtaining access to theMust keep a record of parties obtaining access to the
records that have been collected, maintained, or used forrecords that have been collected, maintained, or used for
special education purposes (purple folders).special education purposes (purple folders).
 If student eligibility folders are maintained in classrooms,If student eligibility folders are maintained in classrooms,
access records are required if the folders containaccess records are required if the folders contain
personally identifiable information, such as an ARD/IEPpersonally identifiable information, such as an ARD/IEP
report, modification sheet, or any evaluation reports.report, modification sheet, or any evaluation reports.
 Record of access must include:Record of access must include:
 Names of parties obtaining accessNames of parties obtaining access
 Date access was givenDate access was given
 Purpose of accessPurpose of access

7. Definitions and General Rules ofDefinitions and General Rules of
ConfidentialityConfidentiality
 Special education records are “education records” underSpecial education records are “education records” under
federal law and “student records” under state lawfederal law and “student records” under state law
 ““Parent” encompasses natural parent, guardian,Parent” encompasses natural parent, guardian,
individual acting as a parent in absence of parent,individual acting as a parent in absence of parent,
surrogate parent appointed according law, and fostersurrogate parent appointed according law, and foster
parentparent
 ““Personally Identifiable Information”Personally Identifiable Information”
 Name of studentName of student
 Name of parent or other family memberName of parent or other family member
 Address of student and familyAddress of student and family
 Personal identifier, such as SSN or studentPersonal identifier, such as SSN or student
numbernumber
 List of personal characteristics that would makeList of personal characteristics that would make
the student’s identity easily traceablethe student’s identity easily traceable

8. Responsibility of EISD and StaffResponsibility of EISD and Staff
 Must protect confidentiality of personally identifiableMust protect confidentiality of personally identifiable
information at collection, storage, disclosure, andinformation at collection, storage, disclosure, and
destruction stages.destruction stages.
 Must ensure confidentiality when using District emailMust ensure confidentiality when using District email
 Must appoint one person to be responsible for ensuringMust appoint one person to be responsible for ensuring
confidentiality.confidentiality.
 Must provide annual training or instruction concerningMust provide annual training or instruction concerning
confidentiality for all persons collecting or usingconfidentiality for all persons collecting or using
personally identifiable information.personally identifiable information.
 Must maintain, for public inspection, a current listing forMust maintain, for public inspection, a current listing for
names and position of ISD employees who have accessnames and position of ISD employees who have access
to personally identifiable information.to personally identifiable information.

9. Confidentiality in Daily PracticeConfidentiality in Daily Practice
CONSIDER FOR ALLCONSIDER FOR ALL
CONVERSATIONSCONVERSATIONS
 WHATWHAT is discussed?is discussed?
 WHEREWHERE it takes place?it takes place?
 WHOWHO is listening?is listening?
 WHYWHY discussion took placediscussion took place
 ALWAYSALWAYS ask yourself, “Am I being aask yourself, “Am I being a
professional or a gossip?”professional or a gossip?”

10. For Solid Success in ConfidentialityFor Solid Success in Confidentiality
 Don’t leave modification sheets lying visible on top ofDon’t leave modification sheets lying visible on top of
your desk!your desk!
 Never open a grade book where a parent can see theNever open a grade book where a parent can see the
grades of other students.grades of other students.
 Don’t be guilty of talking “out of turn” in the lounge!Don’t be guilty of talking “out of turn” in the lounge!
 Don’t talk about a specific child where other children canDon’t talk about a specific child where other children can
hear the information.hear the information.
 Beware of those “over the fence”, “grocery aisle”, orBeware of those “over the fence”, “grocery aisle”, or
“beauty shop” conversations. You NEVER know who“beauty shop” conversations. You NEVER know who
may be listening.may be listening.
 If you were the subject of open conversation, what wouldIf you were the subject of open conversation, what would
you want said and to whom would you want theyou want said and to whom would you want the
conversation repeated?conversation repeated?

11. Resource: ConfidentialityResource: Confidentiality
Sheet by Donna PerkinsSheet by Donna Perkins
Presentation created by:Presentation created by:
Dayna HardawayDayna Hardaway
Tower Elementary, BISDTower Elementary, BISD