Session VIII: FERPA, Child abuse; 504; Foster & Homeless Youth

1. Session VIII: FERPA, Child abuse;504; Foster & Homeless Youth CED614 Harvey Hoyo, Ed.D. National University- Costa Mesa

2. Think, Pair, Share#1 What are the basic elements of FERPA?

3. Family Educational Rights andPrivacy Act of 1974 Privacy of Student’s Educational Records ● Applies to all educational agencies or institutions that receive funds under any program administered by the Secretary of Education ● Enforced by the Family Policy Compliance Office of the U.S. Department of Education

4. Historical Perspective

5. FERPA

6. FERPA’s Directory Information • Directory Information can be released to authorized groups

7. Think, Pair, Share#2 You need to file a child abuse report. Your Principal wants to call the parents in and talk to them about better approaches to discipline. What can you say to make your Principal feel heard and supported, and yet at the same time meet your statutory obligations? Vignette

8. Section VII – Part IICHILD ABUSE Responsibilities and Reporting Procedures School Counselors are mandated reporters

9. PRIMARY TARGET ZONE Most NORMAL injuries occur on the front of the body. Primary target zone for abuse is the back, the elbows and knees, also includes the face, hands & wrists.

10. Background: CHILD ABUSE 80% OF CHILD ABUSERS ARE PARENTS OR OTHER RELATIVES 3 out of 4 child slayings in industrialized world occur in USA 1 out of 3 girls are sexually abused before they reach age 18 1 out of 5 boys will be sexually abused before they reach age 18

11. Five Reportable Incidents of Child Abuse

12. PHYSICAL ABUSE: Non-accidental injury of a child that leaves marks, scars, bruises, or broken bones. Behavior indicators: Aggressive or withdrawn Afraid to go home Stealing Lying Layered clothing

13. NEGLECT: Failure to provide needed, age appropriate care. (food, clothing, shelter, protection from harm, supervision appropriate to the child’s development, hygiene, and medical care) Behavior indicators: Hunger Poor hygiene Excessive sleepiness Lack of appropriate supervision Unattended physical problems or medical needs Abandonment Inappropriate clothing for weather conditions

14. EMOTIONAL ABUSE: Rejecting, terrorizing, berating, ignoring, and isolating, that is likely to cause serious impairment of the physical, social, mental, or emotional capacities of the child. Behavior indicators: Failure to thrive Speech disorders Lags in physical development Habit disorders, conduct disorders Sleep disorders or inhibition of play Aggressive or passive

15. SEXUAL ABUSE: Fondling, sexual intercourse, assault, rape, date rape, incest, child prostitution, exposure and pornography Behavior indicators: Inappropriate sexual knowledge Abrupt change in personality Withdrawn Poor peer relationships Promiscuous behavior/seductive behavior Sleep disturbances Regressive behavior

16. Sexual Abuse If a minor engages in “lewd and lascivious acts” with an older or younger partner, is a report required? (National Center for Youth Law )

17. Sexual Abuse Are there other situations in which sexual intercourse must be reported? (National Center for Youth Law)

18. DOCUMENTATION:

19. THE LAW: Duty to Warn & Protect • Child Abuse and Neglect Reporting Act, Title IV, Chapter 1444 of the California Statutes of 1987. P.C. Section 11165.6 of the Penal Code mandates licensed PPS to report suspected incidents of Child Abuse or Child Neglect within 36 hrs • Failure to make a report is punishable by a fine, jail time, loss of credential, or all three

20. The LawEducation Code: EC 49602: Any information of a personal nature disclosed by a pupil 12 years of age or older in the process of receiving counseling from a school counselor is confidential. Any information of a personal nature disclosed to a school counselor by a parent or guardian of a pupil who is 12 years of age or older and who is in the process of receiving counseling from a school counselor is confidential. The information shall not become part of the pupil record, as defined in subdivision (b) of Section 49061, without the written consent of the person who disclosed the confidential information

21. EXCEPTIONS to EC 49602:

22. Think, Pair, Share# 3Question? As a counselor in the State of California do you have a right to refuse to take a survey or submit an evaluation conducted by your school district involving: Personal values, attitudes, & beliefs Sexual Orientation Political affiliations or opinions Critical appraisals of others in your family Religious affiliations or beliefs

23. Think, Pair, Share:# 3: California Education Code: Section 49091.24 Yes, but be cautious

24. Think, Pair, Share:#4 Write three things you know about 504?

25. Section VIII – Part III504

26. Section 504 of the rehabilitation act of 1973 No otherwise qualified individual with a disability...shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

27. Students with Disabilities (approx 15%)

28. 504: What is a Major Life Activity?

29. 504: Who decides if a student meets the criteria?

30. 504: What are the kinds of accommodations?

31. 504: What’s the difference between an IEP & 504? Purpose

32. What’s the difference between an IEP & 504? Who is Protected?

33. Disabilities / Impairment: What’s the difference? Services Accommodations

34. Evaluation/Placement:What’s the difference between an IEP & 504?

35. Due Process:What’s the difference between an IEP & 504?

36. 504: Procedural Safeguards Identification, evaluation, or placement decisions may be appealed by submission of a written request After mediation or impartial hearing, a written decision must be provided to person making the appeal

37. 504: How are Section 504 Complaints made?504 Hearing Process

38. 504: What rights do Parents/Guardians have?

39. 504:Discrimination/Harassment The District will promptly investigate all claims of disability-based discrimination/harassment and take reasonable actions to stop future recurrence

40. Session VIII- Part IVFederal Statues protecting Confidentiality of Records

41. Summary