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Annual Training. Child Abuse Sexual Harassment Work Related Injuries Calling In HIPPA & FERPA. You are mandated reporters for Child Abuse. Any person who has reason to suspect that a child is abused or neglected may report.
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Annual Training Child Abuse Sexual Harassment Work Related Injuries Calling In HIPPA & FERPA
You are mandated reporters for Child Abuse Any person who has reason to suspect that a child is abused or neglected may report. Formerly, child abuse was reported if committed by a perpetrator – a perpetrator is defined as a child’s parent, a person responsible for the welfare of a child, an individual residing in the same house as the child, or a paramour of the child’s parent. Oral reports should be made to Child Line (800)-932-0313 and followed up with a written report. Reporters are not required to identify themselves or to identify the environment through which the reportable situation was obtained.
Child Abuse • As a child’s teacher, you are not immune to be reported for Child Abuse! • Can be based on your Actions, Words, or Deeds, whether intentional or not or misinterpreted.
Sexual Harassment • What are the different types of sexual harassment? • Quid Pro Quo - something for something • A form of sexual harassment typically only supervisors, those with supervisory authority, or teachers/instructors can engage in • Requires an individual to choose between submission or a negative consequence for failure to submit • The focus is on the employer’s or teacher’s/instructor's actions, not the actions of the victim
Sexual Harassment • What are the different types of sexual harassment? • Hostile Work/Educational Environment - unreasonable interference, intimidation, abuse • Typically repetitive rather than a single episode • Verbal - sexual comments about appearance, innuendoes, off-color jokes, vulgar or explicit language or questions • Non-Verbal - unsolicited or inappropriate gifts of a sexual nature, suggestive notes, nude or suggestive photos or materials, staring, e-mail • Physical - touching, rubbing or brushing in a sexual manner, uninvited massages, uninvited hugging or kissing
Sexual Harassment The following checklist can be used to examine behavior • Does this behavior contribute to achieving our goals? • Could this behavior hurt my colleagues or students? • Could this behavior be sending out signals that invite harassing behavior on the part of others? • Would you say it in front of your spouse, parent, or child? • Would you say it if you were going to be quoted on the front page of the Daily Review? • Would you say/act the same way to a member of your same gender? • Why does it need to be said at all? • What business is it furthering? What would a reasonable person think of my behavior?
Work-Related Injuries • If you are injured at work, regardless of whether you visit the doctor or Emergency Room you need to complete the “Accident Report Form” which can be found on the district website • If the injury does not require emergency treatment, you must visit one of the doctors on the Physician Panel
Another Reminder When calling in…
DO YOU LIKE LIVING DANGEROUSLY? HIPPA-FERPA Training
HIPPA-FERPA If the Answer to this Question is YES (intentionally or not)
It may be this one ! Employment Office
HIPPA & FERPA Why all the fuss?
Pennsylvania’s Code of Professional Practice and Conduct for Educators • Professional Practices (Section 4) states: • “Professional educators shall keep in confidence information obtained in the course of professional service unless required to be disclosed by law and compelling professional necessity” • Schools must ensure privacy by annual training on HIPPA & FERPA
HIPPA • Health Insurance Portability and Accountability Act (HIPPA) • HIPPA sets a Federal Standard which requires that reasonable measures be taken to protect the privacy of patients’ protected health information
FERPA • Family Educational Rights and Privacy Act (FERPA): • Protects the privacy of student records • The law applies to all schools that receive federal funds from the U.S. Department of Education
HIPPA-FERPA Violations • Violations have serious repercussions. • A school district found to have violated HIPPA-FERPA will be required to implement a plan of action to ensure compliance, and schools that do not comply, risk losing federal education dollars. 3. Additionally, families can file lawsuits against districts for HIPPA-FERPA violations. 4. As an educator you run the risk of losing your teaching certificate for unethical behavior. Regardless of incident was intentional or unintentional.
What are Educational Records? Educational records are defined as all records that schools maintain about students. Educational records can include a wide range of information that schools keep to document student progress, educational needs, health, and general information.
What are Educational Records? • Some examples: • - May include formal and informal assessments, • performance levels and progress, • program goals and objectives, • behavioral interventions • medical information
Educational Records FERPA also gives parents, guardians, and eligible students the right to inspect and review records maintained by the school, and also allows parents/guardians to request that schools correct information that they believe is misleading. Finally, schools must get written permission from the parents in order to release information from the educational record to a third party (anyone outside of the district).
Educational Records • Schools may use their discretion over who has access to these records • Speech, OT, PT and counseling are considered part of the educational record and thus are covered by FERPA • SAP records are protected by the Federal regulations regarding drug and alcohol treatment programs and may not be released
Personal Notes • Personal notes made by teachers or other staff members • are not considered education records if they are: • Kept in the sole possession of the maker • Not accessible or revealed to any other person except a substitute • Used only for a memory aid
E-mails E-mails can be considered part of the educational record. Remember: • Ask yourself, do I really need to email this. • Refer to student by first name or initials. • Don’t put anything in an email that you wouldn’t want to appear on the front page of the Daily Review.
Directory Information This information is the portion of the education record that, if disclosed, would not generally be considered harmful or an invasion of privacy. It includes personal information about a student that can be made public according to a schools records policy.
Directory Information * Name, Address, Phone Number * Date of birth * Major field of study * Participation in officially recognized activities and sports * Weight and height of members of athletic teams * Dates of attendance * Degrees and awards received * Photographs of students (for year books or press releases)
Directory Information School districts must notify families annually of their FERPA rights, and families may request, in writing, that any or all of this information not be released without prior consent. If a family makes such a request, it will remain in force until the parent notifies the district otherwise.
Strictly Confidential Information It is illegal and a violation of HIPAA-FERPA to disclose this information to someone outside the district without the express written consent of the parent: * A diagnosed learning disability * Current or previous status as a ‘special education’ student * Any diagnosed mental or physical disability * Any diagnosed medical condition * Use of prescription medications * History of drug/alcohol abuse or treatment * HIV or AIDS status * Official transcripts
Strictly Confidential Information These records should be kept separate from routine student information and in locked file cabinets. These files should also be clearly marked as confidential. Additionally, this information should not be shared with other district staff or administrators unless there is a true ‘need to know’ for the safety or education of the student.
Disclosure of Student Information & Access to Records Generally, schools must have written parent permission to release any information from a student’s educational record (except directory information).
Disclosure of Student Information & Access to Records However, FERPA allows disclosure without consent under the following conditions: * To school officials with a legitimate educational interest if they need to review a record to fulfill their professional responsibilities * To school administration if a student is transferring or enrolling in another school or post-secondary institution * To state and local education officials to conduct audits or to review records in compliance with federal laws * To accrediting organizations * To respond to subpoenas or court orders * To state and local juvenile justice authorities * For health and safety emergencies
Confidentiality and Privacy • “Confidentiality” is a person’s obligation to not disclose or transmit information to unauthorized parties. • “Privacy” is a uniquely personal right that reflects an individual’s freedom from intrusion.
HIPPA-FERPA Training • So, what do we do? • Create a culture of confidentiality where everyone is conscious of the importance of maintaining confidentiality in all you do. • Best practices are safe practices… use common sense!!!!!!
HIPPA-FERPA Training • Regulations such as HIPAA-FERPA exist to protect the confidentiality and privacy of students and families. • When in doubt about sharing information: • Obtain written consent before giving out any identifiable student information • Don’t ever give out information that you think may be covered by HIPAA-FERPA • When in doubt, don’t! The Daily Review Principle! • Get more information or contact an administrator for guidance (know who is your district Compliance Officer)
FERPA Revisions Districts are given more flexibility in determining when health and safety issues permit disclosure of student information. Investigations of complaints that FERPA has been violated can be made at the request of others, not just parents or students…such as school officials or the media.
HIPPA-FERPA Training There are lots of ways that a school employee can violate student confidentiality. Even though it may be unintentional, it can still create a liability for the district. Remember, Professional responsibility for confidentiality rests with the individual employee.
HIPPA-FERPA Training Final exercise is to help you help yourself!!!! • Throughout time, Visuals have been paired with certain phrases to help with recollections. • Examples: Buying sneakers
Confidentiality Training I Didn’t Have………………………..
