Confidentiality

You May Have Observed This in the Video

Discussion with Partner

This shows an educator talking with their partner. Does the partner have an educational need to know this information? If not, the teacher shouldn’t discuss any details that reveal the student's identity.

Personally Identifiable

The educator mentioned an elementary school, a teacher's name, and that a child there was in a serious accident. In many communities, this is enough information for someone to identify the child. Although the child’s name wasn’t shared, enough clues were given to reveal who it is.

Public Conversation

The conversation took place in a setting where people without an educational need to know might overhear.

Confidentiality was Breached in a Matter of Seconds

Legal Implications

FERPA protects the privacy of student records and limits sharing personally identifiable information without consent. By discussing a student in public and with people who don’t need to know, the educator broke federal law. This could lead to investigations, fines, and other penalties for the school, district, or ECKCE. Parents could also take legal action for not protecting their child’s privacy.

Ethical Implications

Paraprofessionals, like all school staff, have a duty to protect students’ privacy and dignity. Talking about private information in public shows a lack of respect for the student’s rights and well-being. This goes against the professionalism expected in schools, where paraprofessionals are trusted to handle sensitive information responsibly.

Breach of Trust

This breaks the trust parents and students place in school staff. Trust is especially important in special education, where parents rely on personnel to respect their child’s privacy. Once trust is broken, it’s hard to restore. This breach can damage the relationship between parents and the school, making collaboration difficult. It can also harm the educator’s reputation, as colleagues and supervisors may question their judgment and reliability.

Employment Consequences

Because of this serious breach, the paraprofessional could face discipline or even termination. Schools cannot employ people who risk student privacy. This incident could have long-term effects on the paraprofessional’s career, as future employers may view the breach as a major risk.

Impact on the Student

Sharing details about a child’s disabilities in public can lead to stigma or bullying. It can harm the student’s sense of safety and dignity in their community.

Summary

Discussing private student information in public is a serious breach of confidentiality with legal, ethical, and relational consequences. It damages legal protections for the student, breaks trust with parents, and could lead to disciplinary action, including job loss. Maintaining confidentiality is essential—not only for legal reasons but also to show respect and protect the dignity of every student. Conversations about student issues should happen only in private and with authorized staff to ensure every child’s right to privacy and protection is upheld.

It's Not Just About Verbal Communications

Confidentiality - Records.mp4

Protect Written Records

This is also a common confidentiality violation. NEVER leave a student’s record where people who don’t need to know can see it. Take it with you, give it to your supervisor, or lock it up. If you see a record left where others might access it, tell your supervisor right away.

After completing the form, click here.

Page updated

Report abuse