One of the most important aspects of ethical behavior for paraeducators is the handling and disclosure of confidential information about students and their families. During the normal course of daily activities the paraeducator comes in contact with a wide variety of information about students. Information may include test scores, behavior, attendance, family problems and many other kinds of personal information. School personnel, including paraeducators, are required by law to keep this information confidential.
Confidentiality is an important ethical and legal issue in providing services to students. Both state and federal laws regulate access to information about students with disabilities. The Family Rights and Privacy Act (Rule 51), the Individuals with Disabilities Education Act, and Nebraska Administrative Code all address issues regarding the privacy of students and their parents. Confidentiality issues directly affect paraeducators who have access to records and information as part of their job responsibilities.
This federal law addresses the issues of parents rights, and controls access to records and the confidentiality of those records. Its intent is to protect the privacy of parents and students. These rights are automatically granted to parents (unless there is evidence of divorce, separation, or custody). Under this law:
These laws effect the role of the paraeducator who works or has access to confidential information. Information about a student is confidential and should only be shared with teachers and staff who directly work with the student. Paraeducators who type, collect, and store educational records need to be aware that the written data is confidential and should not be shared with persons outside the educational team.
Nebraska Rule 51, which provides the guidelines under which special education programs must operate, also addresses the handling of student information. As in the federal law, parents' access to records is guaranteed. The rule also limits those who have access to information to employees of the school. Information can only be provided to other persons with the written permission of the student's parents. Schools must establish procedures to protect the privacy and confidentiality of the records, identify a person who is responsible for their safekeeping, and provide training for staff members who have access to the records or information.
| Parental Access to Records |
|---|
| (Nebraska Administrative Code, Chapter 51, 009.01B) |
| The parents of a child with a disability or the child with a disability, if the child has attained eighteen years of age, (type and severity of the child's disability shall be taken into consideration) shall be afforded an opportunity to inspect and review all education records with respect to the identification, evaluation, and educational placement of the child and the provision of a free appropriate public education to the child. |
| (Nebraska Administrative Code, Chapter 51, 009.01C1) |
| Each service agency shall permit parents to inspect and review any education records relating to their children which are collected, maintained, or used by the service agency. The service agency shall comply with such a request without unnecessary delay and before any meeting regarding an individualized education program or hearing relating to the identification, evaluation, or placement of the child, and in no case more than 45 days after the request has been made. |
| Record of Access |
| Nebraska Administrative Code, Chapter 51, 009.01D |
| Each participating agency shall keep a record of parties obtaining access to education records collected, maintained, or used (except access by parents and authorized employees of the participating service agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records. |
| Consent for Release of Records |
| Nebraska Administrative Code Chapter 51, 009.01K |
| Parental consent must be obtained before personally identifiable information is disclosed to anyone other than officials of the service agency collecting or using the information unless otherwise stated in the Family Educational Rights and Privacy Act and its implementing regulations. 34 CFR Part 99 |
| Safeguards |
| Nebraska Administrative Code chapter 51, 009.01L |
| Each service agency shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages. |
| (009.01L2) |
| One official at each service agency shall assume responsibility for insuring the confidentiality of any personally identifiable information. |
| (009.01L3) |
| All persons collecting or using personally identifiable information must receive training or instruction regarding the State's policies and procedures. |
| (009.01L4) |
| Each participating service agency shall maintain, for public inspection, a current listing of the names and positions of those employees within the service agency who may have access to personally identifiable information. |
| Retention and Destruction of Information and Records |
| Nebraska Administrative Code, Chapter 51 (009.01M) |
| The service agency shall retain special education records for five (5) years after the completion of the activities for which special education funds were used. |
| (009.01M2) |
| The service agency shall inform parents when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to the child. |
| (009.01M3) |
| The information which is no longer necessary to provide educational services to the child, must be destroyed at the request of the parents. However, a permanent record of a student's name, address, phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation. |
Parents must have the opportunity to inspect and review all educatonal records concerning the identification, evaluation, placement and provision of educational services for their child.
The school must permit parents to inspect and review any educational record relating to their child that the school has collected, maintaied or used. The school must comply with a request for these records within 45 days and before any meeting relating to identification, evaluation or placement of the child occurs.
The right to inspect and review education records under this section includes:
A school may presume that the parent has authority to inspect and review records relating to his or her child unless the agency has been advised that the parent does not have the authority under applicable State law governing such matters as guardianship, separation, and divorce.
Either the parent or the school may inititate an impartial due process hearing when disagreements over evaluation, placement, or services arise. The school or the Nebraska Department of Education conducts the hearing. Both parents and the school have a right to be represented by an attorney and to present evidence at this hearing.
Student information may not be shared with other school personnel without a legitimate educational purpose. Discussion of personally identifiable information regarding a student in the teacher's lounge, lunchroom or other public area is both unethical and illegal.
Written parental consent must be obtained before personally identifiable information is disclosed to anyone other than officials of the schools which collects or uses the information. This may include individuals, other schools, potential employers, newspapers, or any other agency. Additionally, the school must provide the following safeguards.
ALL THESE RECORDS ARE CONFIDENTIAL, except for directory information. If parents do not want this information published and distributed in school directories, parents have the right to request that their child or any portion of the directory information be kept confidential and not included.
DISPOSITION: Originals may be microfilmed and disposed of upon the student's graduation or after a three year continuous absence from school.
NOTE THESE RECORDS ARE CONFIDENTIAL DISPOSITION: No permanently retained records of students in general education are destroyed upon graduation or after a three-year continuous absence. Records of special education students are destroyed five years after the completion of services for which special education funds were used.
As you read through the following, decide whether or not the information is confidential for each type of record.