This training will give Ferndale School District staff a short overview about Confidentiality and the Release of Student Information.
The training will involve:
- Reading
- Completion of a short quiz,
- Registration,
- Submission of registration electronically (if unable, print and send registration) to your building/department administrator.
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student educational records.
FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level.
Parents have the right to inspect and review the records.
Parents have the right to request correction of records, which parents believe are inaccurate or misleading.
In general schools must have written permission from the parent to release any information from a student’s educational record except under these conditions:
The relevant Ferndale School District policy takes its lead from FERPA:
“The student record does not include records relating to a student which are created or maintained by a physician, psychiatrist, psychologist, or other recognized professional (nurse) or paraprofessional assisting in that capacity; or created, maintained, or used only in connection with the provision of treatment to the student, and not disclosed to anyone other than individuals providing the treatment”.
III. Accessibility of Records
All health records should be stored in a secure area accessible only to the school health care provider, unless an appropriately executed release under Chapter 70.02 RCW has been obtained; the Family Education Rights and Privacy Act also cover such records; unless state law provides stricter protection. There is a higher standard of confidentiality for record pertaining to HIV: sexually transmitted diseases, drug or alcohol treatment, mental health treatment, family planning or abortion. Only students may authorize release of records concerning family planning or abortion, students thirteen years or older control access to drug, alcohol or mental health treatment records and students fourteen years or older may deny or authorize access to records regarding HIV or sexually transmitted diseases. The releases for information regarding sexually transmitted diseases, HIV and drug or alcohol treatment, are more restrictive than ordinary medical releases.
Ages of Consent to Release Particular Records
Minors may consent to counseling, care, treatment or rehabilitation in Washington State following this schedule:
Human immunodeficiency virus (HIV) age 14
Other Sexually transmitted diseases (STD’s) age 14
Drug, alcohol abuse (outpatient) age 13
Chemical dependency treatment (residential) age 18
Mental health (outpatient) age 13
Birth control age at which individual is capable of giving informed consent
Abortion age at which individual is capable of giving informed consent
The following are guidelines for educational personnel to help you adhere to the FERPA requirements:
(1) Share only the information that is necessary.
(2) Never share information about one student with another student or parent.
(3) Do not discuss confidential information in outer offices, the classroom, and a parking lot, break room, bus garage, doorway or anywhere where others may overhear.
(4) If confidential information needs to be mailed or carried, it should be placed in an envelope marked "confidential."
(5) Personnel must protect information given from disclosure. If a staff member learns of a student's medical condition, they are not permitted to share the information other than to school health personnel.
(6) Staff should not get information from a parent or student by promising information will not be shared with other appropriate school staff. Sometimes information must be shared for the sake of the student.
(7) In an emergency, information may be given without parental consent.
(8) Never use a student's name in casual conversations at work or at home. Never discuss students by name or by disability with family or friends.
(9) Never discuss information about a students' family or disability.
(10) Do not describe or mimic student’s behavior to others.
(11) Friends, acquaintances or family members may ask questions about student in general or about a specific student. School personnel might respond with something like, "I’m sorry I can’t answer that question, I need to respect the student's right to privacy." Or "I may not talk about students without their or their parent’s written permission.
(12) A good rule of thumb for school personnel is to never discuss students away from the job and never idly "gossip" about students on the job.