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Columbia Public Schools

Ethics & Law. Columbia Public Schools. Confidentiality and the Family Educational Rights & Privacy Act. Confidentiality. A person’s obligation not to disclose or transmit information to unauthorized parties. Bound by Professional Ethics Family Educational Rights & Privacy Act (FERPA).

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Columbia Public Schools

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  1. Ethics & Law Columbia Public Schools Confidentiality and the Family Educational Rights & Privacy Act

  2. Confidentiality A person’s obligation not to disclose or transmit information to unauthorized parties. Bound by Professional Ethics Family Educational Rights & Privacy Act (FERPA) National Forum on Education Statistics

  3. FERPA Family Educational Rights & Privacy Act Protects the privacy of student education records maintained by the school district Gives parents the right to review their child’s education records Restricts the release of information without prior consent of parent National Forum on Education Statistics

  4. Confidential Information Information intended to be kept secret. Educational Records Directly related to the student Maintained by an education agency or institution or a party acting for the agency or institution Student and parent conversations National Forum on Education Statistics

  5. Personal Notes Not considered education records if they are: Kept in the sole possession of the maker Not accessible or revealed to any other person except a temporary substitute Used only as a memory aid National Forum on Education Statistics

  6. Sharing Confidential Information Within the school setting Share information with school officials who have a legitimate educational interest in the information. Best interest of the child’s well-being When emailing, NEVER use student names in email subject lines (use initials, R.C.). Kris Morrow, Legal Counsel for DESE

  7. Sharing Confidential Information Other circumstances Schools into which a student is transferring or enrolling Judicial orders or lawfully issued subpoenas State & local authorities Health & safety emergencies National Forum on Education Statistics

  8. Non-Custodial Parental Rights In the case of divorce or separation, records access must be provided to both natural parents, unless there is a binding agreement that removes FERPA rights.

  9. Ethics & Law Columbia Public Schools Child Abuse & Neglect Mandated Reporter Information

  10. What is mandated reporting? CPS Board Policy: “The Board of Education requires its staff members to comply with the state child abuse and neglect laws and the mandatory reporting of suspected neglect and/or abuse. Any school official or employee acting in his or her official capacity who knows or has reasonable cause to suspect that a child has been subjected to abuse or neglect, or circumstances that would reasonably result in abuse or neglect, will immediately make a report to the school principal or designee, including any report of excessive absences that may indicate education neglect.”

  11. Who are Mandated Reporters?

  12. What is abuse? Any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by those responsible for the child’s care, custody, and control except that discipline including spanking, administered in a reasonable manner shall not be construed to be abuse • The Missouri Child Abuse Law, Section 210.110.RSMo

  13. Indicators of physical abuse: Unexplained burns, cuts, bruises, or welts in the shape of an object Frequent injuries—especially when child is unable to provide adequate explanation Destructive, aggressive, or disruptive behavior Passive, withdrawn, emotionless Fear or going home or fear of parent(s) Unseasonable clothing or coverage to mask signs of abuse. • Goldenberg/Goldenberg, Family Therapy, 7th edition Thomson Brooks/Cole 2008

  14. Indicators of sexual abuse: Sexually suggestive, inappropriate or promiscuous behavior Age-inappropriate interest or knowledge of sexual acts Sexual victimization of other children Nightmares and bed wetting Drastic changes in appetite Over-compliance or excessive aggression • Goldenberg/Goldenberg, Family Therapy, 7th edition Thomson Brooks/Cole 2008

  15. Indicators of emotional abuse: Inappropriately aggressive, hostile or stressed Destructive to self, others or property Suffers from sleep or eating disorders Withdraws or isolates Demonstrates compulsions, obsessions, phobias, outbursts Negative statements about self Lack of concentration • Goldenberg/Goldenberg, Family Therapy, 7th edition Thomson Brooks/Cole 2008

  16. What is neglect? Failure to provide, by those responsible for the care, custody and control of the child, the proper or necessary support, education as required by law, nutrition or medical, surgical, or any other care necessary for the child’s well-being. • The Missouri Child Abuse Law, Section 210.110.RSMo

  17. Indicators of neglect: Obvious malnourishment or fatigue Stealing or begging for food Poor personal hygiene Torn or dirty clothes Unsuitable clothing for weather Untreated medical needs (glasses, dental care, etc.) Frequent absence from or tardiness to school Inappropriately left without supervision • Goldenberg/Goldenberg, Family Therapy, 7th edition Thomson Brooks/Cole 2008

  18. What should staff do in the case of suspected abuse/neglect? Make direct contact to your intervention team point person (administrator/counselor). Do not e-mail this type of confidential information. If the student has voluntarily divulged enough information to warrant suspected abuse/neglect and no additional information is needed, a hotline should be made by directly by the person to whom the child disclosed. The counselor/administrator would be available to assist this individual in making the hotline call if needed. If additional information is needed to determine suspected abuse/neglect, the student’s assigned counselor will interview the student (administrator if counselor is not available). If there is suspicion of abuse/neglect, a hotline call will be made by the counselor or administrator (if the counselor is not available). If the administrator and counselor decide there is no justification for a hotline call, and another mandated reporter still suspects that a call should be made, then it should be. DIRECTLY REPORT • Goldenberg/Goldenberg, Fily Therapy, 7th edition Thomson Brooks/Cole 2008

  19. HB505 All mandatory reporters report directly and immediately to the Children's Division upon finding reasonable cause to suspectabuse or neglect.

  20. What should staff do in the case of suspected abuse/neglect? Ask open ended questions What happened? Ask questions that yield factual information When? How often? Where? Who? Did anyone see it? Inform Administrator and/or School Counselor of situation Immediately Report

  21. The Hotline Process Reporting student concerns Student Concern YES Concern of suspected Child Abuse or Neglect (CAN ) Document student concern for future reference NO YES Stays in state system & used if subsequent call qualifies as a CAN Does NOT qualify as a CAN or a Referral HOTLINE 1-800-392-3738 Does NOT qualify as a CAN, but DOES qualify as a Referral Qualifies as a CAN Report Preventative Services Referral Ex. For families with an open case Non-Caretaker Referral Ex. Child-on-child Newborn Crisis Assessment Document the hotline call in your school’s Hotline Log Preventative Services Referral Do you have concerns about the child’s safety upon school departure? NO See reverse side for more information on what to expect next. YES Call or Text John White 808-4653 or Ken Gregory 825-7286

  22. The Hotline Process What to expect after the call Reports are classified by the state hotline in one of two statuses. This information is not revealed to the reporter. Assessment (Non-Criminal) Investigation (Criminal) 24 hours to make contact with the child or family Community resources are offered to the family Emergency Classification 3 hrs. to begin the Investigation/ 24 hr. response Non-Emergency Classification 24 hr. response Local CD contacts Reporter CD contacts Joint Communications (JC) JC contacts city or county law enforcement State Hotline contacts local Children’s Division (CD) Child and Parent Interviewed Separately Law enforcement contacts CD Investigator Unsubstantiated CD and Law Enforcement make contact with child Report made by Mandated Reporter or Non-Mandated Reporter On file for lifetime. Criminal and/or legal action taken Report made by Mandated Reporter Report made by Non-Mandated Reporter Preponderance of Evidence On file for 5 years On file for 2 years

  23. Failure to Report Failure to report is a class A misdemeanor punishable by up to 1 year in jail and/or a fine of up to $2,500 It is estimated that a child dies every eight days due to abuse—reporting can save lives!

  24. Remember… As a mandated reporter, you need only have reason to suspect abuse or neglect prior to calling the hotline; it is someone else’s job to investigate whether a crime has occurred. If you aren’t sure—call!

  25. CHILD ABUSE AND NEGLECT HOTLINE 1-800-392-3738 Reports to the Child Abuse/Neglect Hotline Created in 1975, RSMo210 Accepts over 107,000 calls per year 24 hour, 7 day per week hotline Staffed by Children’s Service Workers

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