Confidentiality: CONFIDENTIALITY OF STUDENT WITH IEP AND STUDENT WITH 504

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Chryssie:  I’ve experienced two incidents in the last month in the public high school where I work. (1) In the school where I work (District A), a colleague of mine who is the husband of the  principal at my oldest son’s school (District B), knew my son was a student in her building.  (2) A student in one of my classes used a specific wording that referred to my opting my youngest son out of testing and specific instruction. This student’s mother is my son’s assistant principal.  Are either of these incidents a breach in confidentiality?  I would like court cases, laws, anything documentation that will support my position. Thank you.

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1 Comment on "Confidentiality: CONFIDENTIALITY OF STUDENT WITH IEP AND STUDENT WITH 504"

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Chryssie –

It’s generally acceptable for people to know that a student attends a particular school. In fact, under FERPA, schools are allowed to release what is called “directory information” to third parties – this includes student names, ages, grades, home address, and telephone – unless parents opt out of that. So the first situation probably wouldn’t be a breach of confidentiality. An exception may exist if the school solely served students with IEPs, but probably not even then if it’s a public school.

The second situation may be an issue. It’s debatable whether the information shared would be protected under FERPA, but it does certainly sound unprofessional. Perhaps have a talk with the mother/assistant principal?

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