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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
   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.”
   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.
   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
   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.
   Protect from        Avoid prejudice or
    embarrassment        differential
                         treatment
   Prevent
    discrimination      Encourage
                         individuals to seek
   Security             other services
    ◦ Personal
    ◦ Family            Facilitate
    ◦ Job                communication
   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
   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)
   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

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Confidentiality

  • 1. COST Team Training Fall, 2011
  • 2. The Importance of Confidentiality  The Role of Confidentiality on the COST team  Helping Teachers/Staff without Disclosing  Conclusion and Final Agreements
  • 3. 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.”
  • 4. 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.
  • 5. 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
  • 6. 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.
  • 7. Protect from  Avoid prejudice or embarrassment differential treatment  Prevent discrimination  Encourage individuals to seek  Security other services ◦ Personal ◦ Family  Facilitate ◦ Job communication
  • 8. 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
  • 9. 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)
  • 10. 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