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Confidentiality Guidelines in Education & Foodservice: Essential Policies & Laws

Explore the foundational laws and policies like FERPA and IDEA governing confidentiality in education settings, with a focus on confidentiality procedures, consent requirements, and special considerations for special education programs.

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Confidentiality Guidelines in Education & Foodservice: Essential Policies & Laws

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  1. Confidentiality for Foodservice And Other Special Topics of Interest

  2. Foundational Laws and Policies • Family Educational Rights and Privacy Act (FERPA) • Kentucky Family Educational Rights and Privacy Act • Protection of Pupil Rights Amendment • Individuals with Disabilities Improvement Education Act 0f 2004 (IDEA) • Kentucky Administrative Regulations • Professional Code of Ethics for Kentucky School Personnel (704 KAR 20:680) • Board Policy (09.14 , 09.14AP 232, 10.11) • Special Education Procedures – Confidentiality of Information (Chapter 8)

  3. What is the meaning of confidentiality?

  4. Duty to Inform • Required to be given to parents annually • Potential Forms of Notice • Annual newspaper ad or article • Annual statement in Code of Acceptable Behavior and Discipline • Annual statement in student handbooks • Website • Disclosure of information is subject to FERPA requirements

  5. Consent • Written Parental Consent • Disclosure Without Consent • Release of Education Records to Another School District • Directory Information and Public Notice • Emergency May Warrant Disclosure Without Consent • Other Conditions for Release of Personally Identifiable Information • Parent Refusal to Release Information

  6. Hear, Speak, See No Confidential Information

  7. To Speak of Not to Speak… • Verbal information • E-mails • Faculty/Staff Lounges • Unsecured memos/notes/etc. • Stray comments in ARC/other meetings • Gossip • Photos • Facebook/Social Media Personally Identifiable Information Includes More Than Written Documenta-tion

  8. What is so special about special ed.? • Legal Responsibility • Receipt of additional state and federal funds for eligible children with disabilities • Determined by an ARC • Governed by federal laws • Section 504 of the Rehabilitations Act • Americans with Disabilities Act • Individuals with Disabilities Education Act

  9. IEP’s and 504’s • Determination of eligibility • Through an Admissions and Release Committee (ARC) • A 504 Committee • Based on a complete evaluation

  10. General Requirements • Aides • Disagreements • Personnel training • Emergency procedures • Least restrictive alternative

  11. General Requirements (continued) • Social/emotional needs • Service animals • Special equipment

  12. Final Thoughts to Consider • Need for clear and frequent communication between the classroom and foodservice personnel • Back-up plans in case of substitute foodservice personnel • Thorough student information on file in a confidential place

  13. Confidentiality in the Work Place • What is your privacy barometer? • Respect other’s privacy as you would want others to respect yours • Any information regarding a person’s employment is confidential • Prospective employees’ information is also confidential

  14. Compliance with HIPAA • HIPAA: Health Insurance Portability & Accountability Act of 1996 (P.L. 104-191) • Standardized electronic data to improve efficiency in delivery of healthcare • Protection of confidential information • Privacy Rule: To protect the privacy of all individually identifiable health information held by any covered organization, including school districts • Restriction of health information • Individual decisions as to authorization of disclosures • Criminal and civil sanctions on disclosure of PHI • Systems updates to ensure protection of PHI

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