The document discusses confidentiality policies for a COST (Children's Outreach Services Team) including limits to confidentiality such as duty to warn of harm, abuse, or substance use. It outlines government policies on privacy of student records and information sharing. The principles of confidentiality are respecting privacy, relationships where information is shared, and expectations that pledged confidential information will be safeguarded. The conclusion emphasizes signing confidentiality agreements and limiting written information sharing.
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