Educational Records & Privacy by Raquel Cardenas https://padlet.com/rcardenas41/n6ib8o7ghat4 ED 6305 en-us 2019-10-01 00:05:16 UTC 2019-10-03 04:12:49 UTC hello@padlet.com Slide #1 Professional Prospective rcardenas41 https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/391630094 My professional perspective is working as a Curriculum and Instruction Masters teacher. I received my masters from Angelo State University and work diligently supporting new teachers to the district. This Legal Guide Padlet is a resource guide for new teachers as well as a refresher guide for teachers on a yearly basis. My topic is on Educational Records and Privacy. I chose this topic because many teachers are not fully aware of all the parent rights and privacy a parent is entitled to in reference to a  student.  There are many small details teachers need to be cautious about when referring to privacy and parental rights. It is easy to get caught up with beginning of year expectations and paperwork and overlook a major topic affecting our districts every year.]]> 2019-10-01 00:11:39 UTC https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/391630094 Slide #2 Interview rcardenas41 https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/391639881 I interviewed our school principal Maria Correa about the important topic in regards to educational records and privacy.

Importance of Educational Records & Privacy

Mrs. Correa explained the importance role she carries on our campus as a leader and confidant. As our main go to person she needs to be able to distinguish what information may be disclosed with or without consent. She feels it is her responsibility as an administrator  to ensure the  staff complies with the school laws. She also mentioned she  needs to be comfortable disseminating information about educational records and privacy to her staff.

Best Practices in Regards to Educational Records & Privacy

1. Yearly trainings with updated information to staff is on Mrs. Correras top list for best practice in keeping protocol for educational records and privacy.

2. She also believes the development of a learning culture between parents, students, and teachers is key. Mrs. Correa is a strong believer in parent communication and being an advocate for parents and students privacy.

3. Having a single designated person on campus who is also just as knowledgeable to assist and support with quick feedback to teachers who may have a question or concern about educational records and privacy is important. Teachers need to feel confident in asking for assistance when any question arises regarding the privacy of students.

Emerging Issues

Teachers not aware of the laws and the importance of privacy of a student is an emerging issue in schools. Withholding or sharing too much private information of a student can cost the district a great amount of money if not careful with the details of the action taken by a teacher. Although trainings are done yearly, many teachers overlook the great importance a small scenario may cause.
(M. Correa, personal communication, September 23, 2019)
Mrs. Correa, principal
Ruben Chavira Elementary
https://www.sfdr-cisd.org/elementary-school/ruben-chavira-elementary/]]> 2019-10-01 00:56:36 UTC https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/391639881 Slide #3 Professional Association rcardenas41 https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/391655465 FERPA Advice for New Teachers

This blog simplifies the topic on educational rights using a user friendly outline. Teachers can use this link as a quick reference when in question about a specific question. This blog defines, explains the responsibilities as a teacher and the penalties for not complying with Federal laws. Although there are many requirements for educational records and privacy, FERPA is a top concern for new teachers.
("FERPA Advice for New Teachers", 2017)

https://education.cu-portland.edu/blog/classroom-resources/ferpa-advice-for-teachers/
]]> 2019-10-01 02:10:01 UTC https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/391655465 Slide #4 Current News https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392772624 This article proposes Congress to clarify the statutes definition of "educational records"  to better make sense of the latest issues in education. The article discusses how districts are using FERPA  as an excuse to provide the public with factual anonymous incidents for the protection of the student. Concerned parents never get the real story of what happened at their child's campus because of the FERPA law, making parents feel this is an excuse by administrators. Parents feel the constant excuse of "student privacy", when an incident occurs, is a cover because the truth might insulate the reputation of a campus and their disciplinary action in the matter. 
  • Department of Education has never penalized any institution since the law was enacted.
  • Many schools put secrecy before safety, insisting they are following the FERPA guidelines.
LoMonte, F. (2019, February 20). Student Privacy Laws Have Been Distorted (And That's a Problem). Retrieved from 
https://www.edweek.org/ew/articles/2018/03/21/student-privacy-laws-have-been-distorted-and.html
]]> 2019-10-02 23:18:02 UTC https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392772624 Slide #5 Current News rcardenas41 https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392791600 This article addresses common student guidelines that counselors and educators must be aware and vigilant of. It is easy to fall under the confidentiality triangle of what is considered ok to discuss verses what is an educational privacy of a student.
Many students will confide in counselors as their advocates, and prefer counselors to not discuss their conversation with their parents. Per TEC Section 26.004, counselors and educators are obligated to provide parents with with the information the student shared upon request. 
Some exception to the rule could include:
  • Counselors and educators can withhold information if there is suspected child abuse from the parent. 
  • Records used by counselors as a memory aid, and the counselor has determined can be harmful to the students mental and emotional health, then records may be withheld from the parents. 
Counselors making the right call. (n.d.). Retrieved from
https://tcta.org/node/11472-counselors_making_the_right_call
]]> 2019-10-03 00:51:51 UTC https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392791600 Slide #6 rcardenas41 https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392798273 Americans With Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990)- Statutory Law
Under ADA, records are considered confidential. This information may only be released without the consent of the individual only to safety and first aid workers, if necessary to treat an individual.

https://www.ada.gov/pubs/ada.htm]]> 2019-10-03 01:25:51 UTC https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392798273 Slide #7 rcardenas41 https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392801328 Title 34, Section 99 in the Code of Federal Regulations (34 C.F.R. § 99).-Administrative Law

  • FERPA requires schools to enact and enforce policies to   safeguard the   confidentiality of students’ educational records.
  •  Information can only be released with the consent of a parent or eligible student.
  • In health or safety emergencies information on students should be disclosed to appropriate parties.  
https://www.law.cornell.edu/cfr/text/34/part-99


]]> 2019-10-03 01:41:22 UTC https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392801328 Slide #8 rcardenas41 https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392806092 Texas Education Code, Section 26.004

A parent is entitled the access to all written records of a school district concerning the parent's child, including:
  • attendance records
  • test scores
  • grades
  • disciplinary records
  • counseling records
  • psychological records
  • applications for admission
  • health and immunization information
  • teacher and school counselor evaluations
  • reports of behavioral patterns
https://codes.findlaw.com/tx/education-code/educ-sect-26-004.html

]]> 2019-10-03 02:05:06 UTC https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392806092 Slide #9 rcardenas41 https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392809378 The Children's Online Privacy Protection Act (COPPA)-Statutory Law

COPPA enforces a parent's right to control what information   websites collect about their children. Websites that target   children younger than 13 or knowingly collect information from   children must post privacy policies, get parental consent before   collecting information from children, allow parents to decide   how such information is used and provide an opt-out option for   future collection of a child's information.

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule

]]> 2019-10-03 02:23:03 UTC https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392809378 Slide #10 Local Administrative/Policy/Rule rcardenas41 https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392811649 San Felipe Del Rio Consolidated School District Student Records Policy FL
Student records are confidential and are protected from unauthorized inspection or use. Employees should take precautions to maintain the confidentiality of all student records. The following people are the only people who have general access to a student’s records:
 (1)  Parents:  married, separated, or divorced unless parental rights have been legally terminated and   the school has been given a copy of the court order terminating parental rights,

 (2)    The student:  the rights of parents transfer to a student who turns 18 or is enrolled in an institution of   post-secondary education.  A district is not prohibited from granting the student access to the   student’s records before this time. 

 (3)    School officials with legitimate educational interests.

https://pol.tasb.org/Policy/Code/1180?filter=FL]]> 2019-10-03 02:36:26 UTC https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392811649 Slide #11 Ethical Principle rcardenas41 https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392814045 Texas Administrative Code Section 247.2
(G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws.

In many instances it may seem innocent to disclose personal information to an outside source other than the parent. New teachers need to be vigilant of the consequences of not knowing in detail what the privacy of educational records consist of. Knowing student rights will protect the educator from facing any penalties to their certification.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2]]> 2019-10-03 02:48:51 UTC https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392814045 Slide #12 Non-Law Source rcardenas41 https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392818421 Educators Guide to Student Privacy

This is a great website for beginner teachers to use as well as a refresher for all teachers to use as a resource. The guide answers the simple everyday questions regarding student privacy and the small overlooked details that associates with this topic.
This website covers several topics from general ed in the classroom to online technology apps that may be overlooked by many teachers. There are additional tabs in this website for further reading regarding related topics.
Sherpa. (n.d.). Retrieved from
https://ferpasherpa.org/educators/educators-guide-to-student-privacy/]]> 2019-10-03 03:12:31 UTC https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392818421 Slide #13 Recommendations / Best Practices for Compliance rcardenas41 https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392820752 Teachers need to understand that every year knowing the laws, as well as the changes to the laws in regards to student privacy is a bigger responsibility than it was in the past. Here is a list or summary of a few items that may keep an educator safe from any conflicts over confidentiality. 
  • LAWS: State laws and Federal Laws govern confidentiality in the classroom. The laws will explain in detail what can and cannot be released. 
  • Medical Privacy: keep in mind that teachers do have access to medical files, but the information cannot be shared with anyone but the parent without the parents consent. 
  • Grading System: teachers can discuss grades with parents but legally cannot make a child's grade public. All students personal information must be deleted before using the data.
  • Code of Ethics: It is easy for a child to want to speak to a teacher in private. Keep in mind if the disclosed information can cause harm to the child, it is the teachers responsibility to report the know information to parents and administrator.
  • Reporting Administrator: Know who on your campus is the person in charge of records and the person who can easily answer any questions of concern when the primary administrator is not available. Having someone to go to can prevent any mistakes regarding student confidentiality. 
  • Refresher:  always try to stay updated with current events. There is always something new or changes to a current law.  Something new is learned every year, something may be overlooked or a circumstance may occur, therefore, the refresher trainings are always a good idea to attend and take notes.
]]> 2019-10-03 03:27:38 UTC https://padlet.com/rcardenas41/n6ib8o7ghat4/wish/392820752