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Confidentiality Requirements in the Education Profession

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on 18 July 2014

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Transcript of Confidentiality Requirements in the Education Profession

USDOE's Family Policy Compliance Office (FPCO)
Kentucky Open Records Act KRS 61.870 et seq.
Certain public records exempted from release:
(a) Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy;
(g) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination before the exam is given or if it is to be given again;
(k) All public records or information the disclosure of which is prohibited by federal law or regulation;
(l) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly.
KRS 61.878(1)

Kentucky FERPA KRS 160.700 - 160.730
Education records of students in the public educational institutions in this state are deemed confidential and shall not be disclosed, or the contents released, except under the circumstances described in KRS 160.720.
KRS 160.705 (1)
Federal Family Educational Rights and Privacy Act (FERPA) 20 U.S.C. § 1232g
To Parents
1. Shall make reasonable effort to communicate to parents information which should be revealed in the interest of the student;
2. Shall endeavor to understand community cultures and diverse home environments of students;
3. Shall not knowingly distort or misrepresent facts concerning educational issues;
4. Shall distinguish between personal views and the views of the employing educational agency;
5. Shall not interfere in the exercise of political and citizenship rights and responsibilities of others;
6. Shall not use institutional privileges for private gain, for the promotion of political candidates, or for partisan political activities, and
7. Shall not accept gratuities, gifts, or favors that might impair or appear to impair professional judgment, and shall not offer any of
these to obtain special advantage.
To the Education Profession
1. Shall exemplify behaviors which maintain the dignity and integrity of the profession;
2. Shall accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities;
3. Shall keep in confidence information acquired about colleagues in the course of employment, unless disclosure serves professional purposes or is required by law;
4. Shall not use coercive means or give special treatment in order to influence professional decisions;
5. Shall apply for, accept, offer, or assign a position or responsibility only on the basis of professional preparation and legal qualifications; and
6. Shall not knowingly falsify or misrepresent records of facts relating to the educator's own qualifications or those of other professionals.
To Students
1. Shall provide students with professional education services in a nondiscriminatory manner and in consonance with accepted best practice known to the educator;
2. Shall respect the constitutional rights of all students;
3. Shall take reasonable measures to protect the health, safety, and emotional well-being of students;
4. Shall not use professional relationships or authority with students for personal advantage;
5. Shall keep in confidence information about students which has been obtained in the course of professional service, unless disclosure serves professional purposes or is required by law;
6. Shall not knowingly make false or malicious statements about students or colleagues;
7. Shall refrain from subjecting students to embarrassment or disparagement; and
8. Shall not engage in any sexually related behavior with a student with or without consent, but shall maintain a professional approach with students. Sexually related behavior shall include such behaviors as sexual jokes; sexual remarks; sexual kidding or teasing; sexual innuendo; pressure for dates or sexual favors; inappropriate physical touching, kissing, or grabbing; rape; threats of physical harm; and sexual assault.
What to keep confidential
What conditions apply to disclosure of information in health or safety emergencies?
Disclosure is necessary to protect the health or safety of the student or others.
There is an articulable and significant threat to the health or safety of a student or other individuals.
Must record pertinent information when it discloses PII.
34 CFR § 99.31(a)(10) & § 99.36
Education Records
“Education records”
are records that are –
•directly related to a student; and
•maintained by an educational agency or institution or by a party acting for the agency or institution.
34 CFR § 99.3
Legal Considerations
Professional Code of Ethics for Kentucky School Certified Personnel
Confidential Information
Confidentiality Requirements in the Education Profession
34 CFR Part 99 - USDOE regulations regarding FERPA
Individuals with Disabilities Education Act (IDEA) 20 USC § 1400
34 CFR Part 300 - USDOE regulations regarding IDEA
Educational institutions shall not permit the release or disclosure of records, reports, or identifiable information on students to third parties other than directory information as defined in KRS 160.700, without parental or eligible student consent except to:
(a) Other school officials, including teachers, with legitimate education interests and purposes.
(b) Other school systems, colleges, and universities to which the student has sought enrollment and transfer, or from which the student was graduated.
(c) Federal, state, or local officials who carry out a lawful function and who are authorized to receive this information pursuant to statute or regulation. This authority includes requests from any agency of the federal and state government for the purpose of determining a student's eligibility for
military service.
(d) Federal, state, or local officials to whom the information is required to be disclosed or reported.
(e) Individuals or organizations conducting legitimate studies, surveys, and data collection in such a manner so as not to permit personal identification of the students or parents.
(f) Accrediting organizations enlisted to carry out accrediting functions.
(g) Parents of a dependent student of the parent as defined in Section 152 of the Internal Revenue Code of 1954 (26 U.S.C. sec. 152).
KRS 160.720 (2)
The General Assembly finds and declares that the basic policy of KRS 61.870 to 61.884 is that free and open examination of public records is in in the public interest.
KRS 61.871
KRS 161.120
1) Except as described in KRS 161.795, the Education Professional Standards Board may revoke, suspend, or refuse to issue or renew; impose probationary or supervisory conditions upon; issue a written reprimand or admonishment; or any combination of those actions regarding any certificate issued under KRS 161.010 to 161.100, or any certificate or license issued under any previous law to superintendents, principals, teachers, substitute teachers, interns, supervisors, directors of pupil personnel, or other administrative, supervisory, or instructional employees for the following reasons:
(a) Being convicted of, or entering an "Alford" plea or plea of nolo contendere to, notwithstanding an order granting probation or suspending imposition of any sentence imposed following the conviction or entry of the plea, one (1) of the following:
1. A felony;
2. A misdemeanor under KRS Chapter 218A, 508, 509, 510, 522, 525, 529, 530, or 531; or
3. A misdemeanor involving a student or minor.
A certified copy of the conviction or plea shall be conclusive evidence of the conviction or plea;
(b) Having sexual contact as defined in KRS 510.010(7) with a student or minor. Conviction in a criminal proceeding shall not be a requirement for disciplinary action;
(c) Committing any act that constitutes fraudulent, corrupt, dishonest, or immoral conduct. If the act constitutes a crime, conviction in a criminal proceeding shall not be a condition precedent to disciplinary action;
(d) Demonstrating willful or careless disregard for the health, welfare, or safety of others;
(e) Physical or mental incapacity that prevents the certificate holder from performing duties with reasonable skill, competence, or safety;
(f) Possessing, using, or being under the influence of alcohol, which impairs the performance of duties;
(g) Unlawfully possessing or unlawfully using a drug during the performance of
Incompetency or neglect of duty;
(i) Making, or causing to be made, any false or misleading statement or concealing a material fact in obtaining issuance or renewal of any certificate;
(j) Failing to report as required by subsection (2) of this section;
(k) Failing to comply with an order of the Education Professional Standards Board;
(l) Violating any state statute relating to schools or the teaching profession;
(m) Violating the professional code of ethics for Kentucky school certified personnel established by the Education Professional Standards Board through the promulgation of administrative regulation;
(n) Violating any administrative regulation promulgated by the Education Professional Standards Board or the Kentucky Board of Education; or
(o) Receiving disciplinary action or having the issuance of a certificate denied or restricted by another jurisdiction on grounds that constitute a violation of this subsection.

Certified personnel in the Commonwealth:
(1) Shall strive toward excellence, recognize the importance of the pursuit of truth, nurture democratic citizenship, and safeguard the freedom to learn and to teach;
(2) Shall believe in the worth and dignity of each human being and in educational opportunities for all;
(3) Shall strive to uphold the responsibilities of the education profession, including the following obligations to students, to parents, and to the education profession:
"Education records"
do not include the following:
Sole possession records used as a personal memory aid;
Law enforcement unit records;
Alumni records; and
Peer-graded papers before they are collected and recorded by teacher.
Personally identifiable information:
Mother's maiden name
Date of Birth
Social Security Number
Parent's Name
Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.
Information about students and colleagues which has been obtained
in the course of professional service
Education Records
Practice Tips
School is like Fight Club - and the first rule of school should be "Don't talk about School!" the second rule of school should be "Don't talk about School!"
School is a no-gossip zone, at least when it comes to students and colleagues.
You can not reveal information about to students to their employers, law enforcement, or other outside of school entities unless required by law.
When releasing de-identified data, make sure you can't re-identify students. Use the Rule of Ten.
There should be one person or group of persons responsible for the release of records in the school district.
Even if you leave out personally identifiable information, don't publicly relate unique stories about students. The student or others may still be able to identify the student.
Until a student turns 18, parents must be kept informed.
Only the student's actual parent or guardian must be kept informed. The parents of fellow students do not have a right to know about the students in their child's classroom.
Passwords should never be shared.
Infinite Campus is full of education records, keep them confidential.
Don't talk about students or colleagues on social media.
Peer evaluations, KTIP performance, and peer mentoring and coaching must be kept confidential.
Your duty of confidentiality does not flow to your relatives, spouse, or friends - be careful what you say in front of your loved ones.
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