Confidentiality COST Team Training

Fall, 2011

The Importance of Confidentiality

The Role of Confidentiality on the COST team

Helping Teachers/Staff without Disclosing

Conclusion and Final Agreements

Outline

Government Policy:◦ Federal Educational Records Privacy Act (FERPA)

“An educational agency or institution may disclose personally identifiable information from an education record to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.”

◦ Improving America’s Schools Act (IASA) Amended FERPA to promote “active information sharing by

educators.” IASA permits educators to share information with juvenile justice system personnel on juveniles prior to adjudication pursuant to State statute.”

The Importance of Confidentiality

Government Policy Continued:◦ Health Information Portability and Accountability

Act (HIPAA) Governs medical information that may be collected

by outside medical and mental health providers, does not govern school personnel.

The Importance of Confidentiality

Definition: ◦ Obligation not to disclose willingly any information

obtained in confidence. Therefore, information disclosed in response to a search warrant, subpoena, or a legal requirement for mandatory reporting is not a breach of confidentiality. Child protection Potential harm Legal action

Importance of Confidentiality:Understanding Confidentiality

4 Basic Principles◦ Respect for an individual’s right to privacy◦ Respect for human relationships in which personal

information is shared.◦ Appreciation of the importance of confidentiality

of both individuals and society◦ Expectations that those who pledge to safeguard

confidential information will do so.

Importance of Confidentiality:Understanding Confidentiality

Protect from embarrassment

Prevent discrimination

Security◦ Personal◦ Family◦ Job

Avoid prejudice or differential treatment

Encourage individuals to seek other services

Facilitate communication

Importance of Confidentiality:Reasons for Protecting the Privacy of Children and Families

Duty to Warn- harm to self or others◦ Family of an individual who intends to harm her-or

himself◦ Others the individual’s actions may harm◦ Appropriate authorities and emergency

responders

Other limits to confidentiality include:◦ Abuse◦ Substance use on campus

Limits to Confidentiality

Providers and school staff may consult or collaborate with other professionals for purposes of more effectively helping a student. Tell the student’s name only when necessary.◦ i.e., Consultation with COST team members ◦ Only persons clearly concerned with the case

(APA, 1981, p.636)

Helping the Student:

All parties sign confidentiality agreement Share as much information as possible verbally

rather than in writing (though keep record of agreements).

Make sure information is accurate and unbiased.

Don’t share in the halls, staff rooms, or other public places.

Don’t leave reports, records, computer files etc. where others can access them.

Avoid emailing identifiable student information

Confidentiality on the COST Team