Teacher Issues: PRIVACY AND CONFIDENTIALITY RE CONCERNS ABOUT STAFFING

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Girlie:  A parent of one of my students who advocates for children with ASD, saw that I have 13 students and I am new to the district. All those kids go to gen ed at different times and 4 of them need a 1:1 in the general ed setting. I’m understaffed. I have two teacher aides with 13 kids. Im not able to provide most of what’s on their IEPs because I have 4 different grade levels in my class and teacher aides need to be with those students who will go to general ed class.

She asked me how many more aides do I need in addition to the two. I replied I just need one. The parent wrote to the special education Executive Director  because she is concerned for her son and the other students.

Is this a violation of the FERPA? Is this a violation of privacy and confidentiality of the school district when I already addressed this concern to my campus administrators, special education coordinator, campus support coach. Their responses to me was just use whatever resources at hand due to the lack of budget, it is impossible to have another aide.

The special education coordinator and my campus administrators were after me saying that I violated the confidentiality because how did the parent know about needing another teacher aide for my class and that 4 students need a 1:1. They told me I should not say anything to the parent and that I have to be careful of what I told parents. Had they provided what is needed then I would have not told the parent who I know will do something being an advocate.

  1. This may sound naïve, in my opinion the parent is allowed to ask for credentials, why not? There should be more qualified aides and para’s, if the teacher is overwhelmed, why not ask for help?

  2. “You could involve any teacher organizations that you belong to” (Chuck) — great idea. I hope you belong to a union. If so, a union rep can accompany you to all meetings, and the union can give you specific advice at every step of the way.

    Since you are a new teacher, you’ll want to come across as a team player, and apologize. At the same time, you can show them what FERPA actually says, and REASSURE them that there was no violation. Use a very reassuring tone of voice.

    Try to use your supervisor and your director of special education as helpful resources. (I know, sometimes that’s easier said than done — but it is always worth trying.)

  3. The fact that you answered a parent’s legitimate question has nothing to do with FERPA, privacy or confidentiality.
    FERPA is about education records:
    * access to educational records
    * parent’s right to inspect and review education records
    * amending education records
    * destroying education records

    To learn more about FERPA, go here: https://www.wrightslaw.com/info/ferpa.index.htm
    From the facts you presented, I don’t think you violated anyone’s confidentiality.

    As Chuck said, the real issue is the admin’s desire to keep parents in the dark about staffing problems that affect teachers’ ability to provide services in children’s IEPs.

  4. The school district set you up with not enough resources. The parent used you as a stepping board to hold the school district accountable. The parent could have been more savvy end not “sacrifice” you in the process, but she did. Will things change–possibly. You will probably get an extra aid. In the future, you should be careful of parents who act in this manner. When teachers have told me valuable information, I never exposed them in a way that could jeopardize their job or standing among their peers. I think you were caught between a dynamic that has a long history.

  5. No it is not. They are trying to cover the fact they are not addressing student needs. Unfortunately, you are in a difficult situation. Hopefully others can give you some suggestions of what to do. You could involve any teacher organizations that you belong to.

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