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CCCS Confidentiality Policy

Christopher Columbus Charter School
916 Christian St.
1242 S. 13th St.
Philadelphia, PA  19147

A Title I School


Confidentiality of Student Education Records:
Policy and Guidelines


2017-2018


Table of Contents

Personnel Responsible for Assuring Confidentiality                           3

Statement of Policy

  1. Definitions                                                                            4

  1. Responsibility and Authority                                             6

  1. Collection of Education Records                                      6

  1. Inspection and Disclosure of Education Records         7

  1. Storage and Destruction of Education Records                        12

VI.     Amendment of Education Records                                                13

VII.    Hearings:  Rights and Procedures                                     13

VIII.   Parent Notification                                                                 14

  1. Safeguards                                                                           16

  1. Implementation                                                                    16




Appendix A      Record of Access to Education Records                      18
Appendix B      Access to Education Records: Authorized                   19
                             Personnel
Appendix C      Location of Education Records                                     20


Christopher Columbus Charter School
Confidentiality of Student Education Records:
Policy and Guidelines

                                                September 2017
Personnel Responsible for Assuring Confidentiality:

CEO/Campus Principal:  Ms. Rosemary Dougherty
The campus principal and CEO of Christopher Columbus Charter School shall assume responsibility for ensuring the confidentiality of any personally identifiable information.
Site Principal:  Ms. Florence D. Doyle

Site Principal:  Mrs. Maryellen Porsia

Vice-Principal: Mrs. Maria Grassia

Vice Principal:  Anthony Elia
           
Special Education Teacher and Coordinators: 
Ms.Valerie Chandler
Ms. Kasey McCollough
Ms. Danielle Small
Ms. Rachel Lepera
Ms. Nancy McGovern
Ms. Robin Ferarra, Sp.  Therapist
Ms. Phyllis Barski, PT Sp. Therapist
           
Reading Specialists:
            Ms. Melanie Pienkowski
            Mrs. Connie Scipione
Ms. Lindsey Krauss

School Psychologist: 
Dr. Hermine Chern
Dr. Carolyn Carr

Student Counselor:
Mrs. Patricia Hickey

Nurse:
            Mrs. Katherine Mingroni
                                                                       
Secretaries:
Mrs. Mariellena McKenna
Ms.  Melissa Smith
Statement of Policy

An official student record shall be maintained for each student.  This record shall contain only certified information of recognized importance and may be used only for the benefit or welfare of the student.  Any other records shall be considered provisional and temporary and shall be destroyed when their usefulness is no longer apparent or when the student leaves the school.  Records shall be directly accessible only to the professional staff, the student, and the parent.  Christopher Columbus Charter School recognizes the need to protect the confidentiality of personally identifiable information in the education records of all children.  This policy has been prepared to insure the privacy rights of the parents and the child with and without disability, in the collection provisions from the Regulations of the State Board of Education of Pupil Records (Pa Code 22  Ch. 12P), the Family Educational Rights and Privacy Act of 1974, as amended July 6, 2000 (FERPA, 34 CFR. Part 99), the Confidentiality Section of P.L. 94-142, the Individuals with Disabilities Education Act and its implementing regulations in 34 CFR Part 300 (relating to assistance to states for the education of children with disabilities), and Chapter 711, Charter School Services and Programs for Children with Disabilities.


DEFINITIONS

Directory information means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed.  It includes, but is not limited to, the student’s name, address, telephone number, electronic mail address, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height if member of athletic team, dates of attendance, degrees and awards received, most recent previous educational agency or institution attended by the student, and other similar information.  Christopher Columbus Charter School may disclose appropriately designated directory information without written consent, unless the parent or eligible student advises that he or she is withholding consent pursuant to the procedures outlined on page 11 of this policy.

Disclosure means permitting access, release, transfer, or other communications of personally identifiable information contained in education records to any party, by any means, including oral, written or electronic means.

Destruction means the physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.


Educational agencies mean a public agency, home school, private school, approved private school or private agency, school district, an Intermediate Unit, or the Department of Education, or any component part thereof, which collect, maintain or use education records containing personally identifiable information or from which such records or information is obtained.

Education Records mean the type of records covered under the definition of “education records” in 34 CFR part 99.3 (the regulations implementing FERPA).  The records are directly related to a student and maintained by an educational or participating agency or institution or by a party acting for the agency or institution.  The records do not include records of instructional supervisory, and administrative personnel and educational personnel ancillary to those persons, which are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other individual except a temporary substitute.  The records also do not include:

  1. Records of an educational agency or institution that contain only information about an individual after he or she is no longer a student at that agency or institution.  An example would be information collected which pertains to the accomplishments of its alumni.
  2. Records relating to an eligible student which were created or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in that capacity and
    1. Are made, maintained, or used only in connection with treatment of the student
    2. Are not disclosed to anyone other than individuals providing treatment
    3. May be personally reviewed by a physician or other appropriate professional of the student’s choice.  For the purpose of this definition “treatment” does not include remedial educational activities or activities which are a part of the program of instruction at the educational agency or institution.

Eligible student means a student who has attained eighteen years of age or is a high school graduate.  Under the regulations of FERPA, the rights of parents regarding education records are transferred to students in regular education at age 18.  The rights of parents regarding education records are transferred to students in special education at age 21.

Legitimate educational interest describes a purposeful educational involvement with a student in which there is direct responsibility for providing instruction or support service.

Parent includes a natural parent, a guardian, or an individual acting as a parent of a student in the absence of a parent or guardian.  Christopher Columbus Charter School presumes that the parent listed on the enrollment form has the authority to inspect and review records relating to his or her child.  Parents not listed must provide documentation before viewing records.

Participating agency means any agency or institution that collects, maintains, or uses personally identifiable information, or from which information is obtained.

Personally identifiable information includes, but is not limited to
  1. The student’s name
  2. The name of student’s parent or other family member
  3. The address of the student or student’s family
  4. A personal identifier, such as social security number or student number
  5. A list of personal characteristics which make the student’s identity traceable
  6. Other information that would make the student’s identity traceable

Record includes information or data recorded in any medium including, but not limited to, handwriting, print tapes, film, microfilm, and microfiche.

School officials refer to administrators, teachers, and other professional personnel who have a legitimate educational interest and are directly responsible for the instruction or the health and safety of a student while in attendance at school.

Student means any individual who is or has been in attendance at an educational agency or institution and for whom the agency or institution maintains records.

RESPONSIBILITY AND AUTHORITY

The Christopher Columbus Charter School Board of Trustees has primary responsibility for the development of the policy and oversight of its implementation, via an annual audit.

Toward that end, the CEO of Christopher Columbus Charter School is designated to prepare an administrative policy which incorporates relevant legal provisions regarding the compilation, maintenance, access to and security of pupil education records and to supervise adherence to the policy.





COLLECTION OF EDUCATION RECORDS

  1. Initiation of education records – An official student record shall be initiated by Christopher Columbus Charter School or the first school attended and shall be maintained by the Student Record Officer under the security and responsibility of the CEO, Assistant CEO, or their delegees.  The Special Education Coordinator shall maintain special education records under the same conditions.

  1. Transfer of education records

  1. When education records for a child with a disability are transferred from a public agency to a charter school, the public agency, private school, approved private school or private agency from which the child transferred shall forward all of the child’s education records, including the most recent IEP, within 10 days after the public agency, private school or private agency is notified in writing that the child is enrolled in a charter school.

  1. When the education records for a child with a disability are transferred to a public agency, private school, approved private school or private agency from a charter school, the charter school shall forward the child’s education records, including the most recent IEP, within 10 school days after the charter school is notified in writing that the child is enrolled at another public agency, private school, approved private school or private agency.


INSPECTION AND DISCLOSURE OF EDUCATION RECORDS

  1. Right to inspect or examine official student records.

  1. Parent or eligible student – The School shall permit parents or an eligible student to inspect and review any relevant education records that are collected, maintained, or used.  Parents of children in special education may also review all education records relating to the identification, evaluation, educational placement of, and the provision of free appropriate public education for their child.  Written requests to inspect or examine records should be addressed to the CEO.  Such requests will be met before any IEP meeting or hearing, and in no case more than 20 business days after a request is received.



  1. The right to inspect and review education records includes:
    1. The right to a response from Christopher Columbus Charter School to reasonable requests for explanations and interpretations of the record.

  1. The right to request that Christopher Columbus Charter School provide copies of the records containing the information.  Failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review.

  1. The right to have a representative of the parent inspect and review the records.

  1. The school may charge a fee, equal to the actual cost of reproduction, for copies of records that are made for parents, if the fee does not effectively prevent the parents from exercising their right to inspect and review the records.  The School will not charge a fee to search for or to retrieve information.

  1. In the event that parents of a student are separated or divorced, either or both parents may have access unless a legal restraining order prohibits such access to a particular parent.

  1. Parents and students will be informed of the list of types of student records and their right of access to them.  The information will be distributed annually, with the issuance of the first report card.

  1. If any education record includes information on more than one child, the parents of one of the children have the right to inspect and review only the information relating to their child or to be informed of that specific information.

  1. Christopher Columbus Charter School shall provide parents, on request, a list of the types and locations of education records collected, maintained or used by the School.


  1. Disclosure of records with written consent – Whenever records are inspected or disclosed upon written consent, it shall be only under the following circumstances:

  1. The parent or eligible student shall provide a signed and dated written consent before Christopher Columbus Charter School discloses personally identifiable information from the student’s education records (except as provided in FERPA, Sec. 99.31) 

  1. The written consent must specify the records that may be disclosed, state the purpose of the disclosure, and identify the party to whom the disclosure may be made.  Upon request, the parent or eligible student shall be provided with a copy of the records disclosed.

  1. Where individual consent is required, the student’s consent shall also be obtained when he or she is reasonably competent to understand the nature and consequences of his or her decision.

  1. No statement of consent shall be binding unless it is freely given after the parent or eligible student has been fully informed as to the methods by which the information will be collected and the uses to which it will be put.


  1. Disclosure of records without written consent – Pursuant to Sec. 99.31 (FERPA), Christopher Columbus Charter School may disclose personally identifiable information from the education record of a student without consent if the disclosure meets one or more of the following conditions:

  1. The disclosure is made to the professional staff of Christopher Columbus Charter School or other parties deemed school officials who have been determined to have a specific, legitimate educational interest, including teachers, administrative personnel, counselors, speech therapists, psychologists, and school nurse.  Specifically excluded are student teachers and teaching assistants.  Written consent must be obtained by student teachers for the preparation of case histories to fulfill college requirements.

  1. Law enforcement and judicial authorities may receive a report of a crime committed by a child with a disability from the School.  The School is not prohibited from reporting a crime committed by a child with a disability to appropriate authorities or to prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and Sate law.

  1. When reporting a crime committed by a child with a disability, the School shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom it reports the crime.

  1. When reporting a crime under this section, the School may transmit copies of the child’s special education and disciplinary records only to the extent that the transmission is permitted by FERPA.

  1. The officials of another school system in which the student intends to enroll, upon condition that reasonable effort be made to notify the parent or eligible student of the material to be disclosed and of their right to obtain copies of the material to be disclosed and to request amendment of the records.

  1. Federal and state officials for the purpose of an audit and evaluation of federally supported education programs or for enforcing or complying with federally legal requirements which relate to these programs.  Information provided shall contain the minimum necessary information that is personally identifiable, and such information shall be destroyed upon completion of such audit, evaluation, enforcement or compliance.

  1. Persons or agencies in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.



  1. Persons or agencies in compliance with a judicial order pursuant to any lawfully issued subpoena.  The parent or eligible student shall be notified of all such orders and Christopher Columbus Charter School’s compliance.  The parent or eligible student may receive a copy of the information released, if desired.  Copies will be provided at the actual cost of reproduction.

  1. The disclosure is to authorized representatives of the Comptroller General, the Secretary, or state and local educational authorities.

  1. The school may provide anonymous directory information from its records, including the official student record, for research purposes without consent under conditions where there is no likelihood of identifying any individual.

  1. Disclosure of Directory Information –Directory Information may be released without the consent of a parent.  However, Christopher Columbus Charter School must tell parents about directory information and allow parents a reasonable amount of time to request that the school not disclose directory information of his or her child. That notice shall the following, or substantially similar, form:

If you do not want Christopher Columbus Charter School to disclose directory information from your child’s education records without your prior written consent, please write and sign a letter to the school including the statement below within sixty (60) days of your students’ enrollment:

                                                I have read this statement of privacy rights to                                                                  information in my student’s education record and                                                          request that Christopher Columbus Charter School                                                    NOT disclose any personally-identifiable information                                                        from my student’s records, including what is called                                                             “directory information,” without my prior written                                                               consent, to any outside person or organization.

  1. Lists identifying names and addresses of students shall not be released to any outside agency.




  1. Requests for inspection and disclosure      

  1. Christopher Columbus Charter School shall maintain a record, with the student’s education record, of each request for access to and each disclosure of personally identifiable information.  For each request or disclosure, the record must include the parties who have requested or received information and their legitimate interest. 

  1. Exceptions include the parents, eligible student, school officials, a party with written consent from the parent or eligible student, a party seeking directory information, or a party seeking or receiving the records as directed by a Federal grand jury or other law enforcement. (Appendix A)

  1. The CEO of Christopher Columbus Charter School shall maintain a current listing of the names and positions of those who are authorized to have access to personally identifiable information in the education records of all students. (App. B).

STORAGE AND DESTRUCTION OF EDUCATION RECORDS

  1. Christopher Columbus Charter School shall maintain education records for children with and without disabilities in a manner consistent with the regulations for FERPA in 34 CFR Part 99.

  1. Relevant files that are stored in more than one location are regarded as part of the student’s overall education records.  At Christopher Columbus Charter School, cumulative record folders are maintained in the office of the Secretary.  Medical records are stored in the Nurse’s office, psychological test protocols are stored in the Special Education office along with speech and language records.  All records are confidential, secure, and made available only to authorized personnel with the approval of the CEO and Assistant CEO.

  1. Periodic review and deletion of data

  1. Parents shall be informed when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to the child.  Prior to its destruction, Christopher Columbus Charter School shall send written notification to the parent or eligible student which shall inform them of their right to receive a copy of material, originated by the School, to be destroyed.

  1. Parent or eligible student will be informed of material, not originated by the School (i.e. psychiatric reports, agency reports, etc.), to be destroyed.  The originating person or agency must disclose copies of such information.

  1. Upon request of the parent, personally identifiable information no longer needed must be destroyed, with the following exception: a permanent record of a student’s name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed and year completed may be maintained without time limitation.

  1. Except as stated in Paragraph 2 above, nothing in this section shall be construed to mean that Christopher Columbus Charter School is required to destroy education records.

  1. No education records will be destroyed that contain information necessary for the education of the student who is enrolled.

  1. Longevity of data

  1. Professionals shall eliminate unnecessary supplementary data at periodic intervals.  In any case, the student’s medical record shall not be destroyed for a period of at least five years after the student ceases to be enrolled in Christopher Columbus Charter School.  Exceptions may be made where, under rigorous standards and impartial judgment, good cause for their retention can be shown.

AMENDMENT OF EDUCATION RECORDS

  1. A parent or student who believes that information contained in the education records collected, maintained, or used is inaccurate or misleading or violates the privacy rights of the child, may make a request to the CEO that the records be amended.

  1. Christopher Columbus Charter School shall decide whether to amend the information in accordance with the request within 10 business days from receipt of the request.

  1. If the School agrees to amend the disputed information, the parent or student shall be notified in writing.

  1. If the School refuses to amend the information in accordance with the request, it shall inform the parent or eligible student in writing of the refusal, the reason(s) for that refusal, and his or her rights to a hearing under FERPA, Sec. 99.21.

HEARINGS: RIGHTS AND PROCEDURES

  1. Christopher Columbus Charter School shall, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy rights of the child.

  1. The hearing must meet, at a minimum, the following requirements:

  1. The School shall hold the hearing within 20 business days after it has received the request for a hearing.

  1. The school shall give the parent or eligible student notice of the date, time, and place of the hearing, within 5 business days of the request.

  1. The hearing may be conducted by any individual, including an official of the educational agency or institution, who does not have a direct interest in the outcome of the hearing.

  1. The parent or eligible student shall be afforded a full and fair opportunity to present evidence relevant to issues raised, and may be assisted or represented by individuals of his or her choice, including an attorney, at his or her own expense.

  1. The decision of the hearing panel shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.  This decision will be rendered in writing within thirty days after conclusion of the hearing.  A copy of the decision will be retained in the official student record.

  1. Hearing Results

  1. If, as a result of the hearing, Christopher Columbus Charter School decides that the information is inaccurate, misleading or otherwise in violation of the privacy rights of the child, it shall amend the information accordingly and so inform the parent in writing.





  1. If, as a result of the hearing, Christopher Columbus Charter School decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy rights of the child, it shall inform the parent of the right to place in the child’s records, a statement commenting on the information or setting forth reasons for disagreeing with the decision.  The statement must:
    1. Be maintained as part of the records of the child as long as the contested portion is maintained.
    2. Be disclosed, if the records of the child or the contested portion is disclosed to any party.



PARENT NOTIFICATION

  1. Annually, parents will receive a description of their rights under FERPA and implementing regulations, including the right to:
           
  1. Inspect and review the student’s education records

  1. Seek amendment of the student’s education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights.

  1. Be notified of the procedures for:
    1. Exercising the right to inspect and review education records
    2. Requesting the amendments of records

  1. Consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA, Sec. 99.31 authorizes disclosure without consent to, for example, school officials with legitimate educational interest.

  1. File, with the U.S. Department of Education, a complaint concerning alleged failures by the School to comply with the requirements of the Act.

  1. Upon request, parents may receive:
           
  1. A description of the children on whom personally identifiable information is maintained, the types of information sought, the methods used to gather information (including the source), and the uses to be made of the information.
  2. A summary of the policies and procedures regarding the storage, disclosure to third parties, retention, and destruction of personally identifiable information.

  1. Specification of criteria for determining who constitutes school officials and what constitutes a legitimate educational interest.

  1. A list of the types and locations of education records collected, maintained, or used by Christopher Columbus Charter School (Appendix C).

  1. Christopher Columbus Charter School shall provide effective notification to parents or eligible students identified as having a primary or home language other than English and to parents or eligible students who are disabled.

SAFEGUARDS

  1. Christopher Columbus Charter School shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.

  1. The CEO shall assume responsibility for ensuring the confidentiality of any personally identifiable information

  1. All persons collecting or using personally identifiable information must receive training or instructions regarding policies and procedures.

  1. Christopher Columbus Charter School shall maintain, for public inspection, a current listing of the names and positions of those school employees who may have access to personally identifiable information.

  1. Children shall be afforded rights of privacy similar to those afforded to parents, taking into consideration the age of the child and type of severity of disability, if any.

  1. Parents and students who wish to file complaints with regard to compliance with this policy may do so by contacting the CAO.  If further appeal is necessary, the parent or eligible student may contact the Family Policy Compliance Office, U.S. Department of Education, 600 Independence Ave. SW, Washington, DC 20202-4605, Phone: (202) 260-3887. 



  1. With regard to complaints concerning violation of privacy rights in special education, contact may be made to: Chief, Division of Compliance, Monitoring and Planning, Bureau of Special Education, Pennsylvania Department of Education, 333 Market St., 7th Floor, Harrisburg, PA171260333.


IMPLEMENTATION

  1. CEO or designated professional personnel will screen all students’ records to eliminate any material in contradiction to this policy statement.

  1. Items removed from the file during the screening process will be destroyed.

  1. Upon adoption of this policy by Christopher Columbus Charter School Board of Trustees:
    1. Parents and eligible students will be notified annually of the policies and procedures.
    2. Professional staff will be informed of this policy through in-service education.

  1. The Confidentiality of Student Education Records: Policy and Guidelines will remain on file with the CEO and be available upon request.


                                                           
Appendix A
Christopher Columbus Charter School
Record of Access to Education Records
Cumulative Records

Date
Name/Position
Purpose



Appendix B
Christopher Columbus Charter School
Access To Education Records: Authorized Personnel
Date: September 2016

Position
Name
Campus Principal/CEO
Rosemary Dougerty
Site Principal
Florence Doyle
Site Principal
Maryellen Porsia
Vice-Principal
Maria Grassia
Vice Principal
Anthony Elia
Administrative Secretaries
Mariellena McKenna
 Melissa Smith
Special Education Teachers

Valeri Chandler
 Kasey McCollough
Danielle Small
Rachel LePera
Nancy McGovern
Robin Ferrara, Sp. Therapy
Reading Specialists
Melanie Pienkowski
Connie Scipione
Lindsey Krauss
Nurse
Katherine Mingroni
Counselor
Patricia Hickey
School Psychologist
Dr..Hermine Chern
Dr. Carolyn Carr
Regular Classroom Teachers
Signature only





Appendix C
Christopher Columbus Charter School
Location of Education Records
Date: September  2016
916 Christian St.
1242 S. 13th Street

Record
Location
Cumulative Student Record Folders
Administrative Offices
2nd level
Special Education Records
Psychoeducational Records
Offices of Special Education

Medical Records
Office of the Nurse

Speech and Language
Occupational Therapy
Records
Office of Special Education