Welcome to the Paraprofessional Training Series. For each ... · Verification of orientation training necessary for each paraprofessional to perform ... you should be able to affirm

Welcome to the Paraprofessional Training Series. For each webinar, you can access handouts by clicking on the link in the ‘Webinar Handouts” box. Before you begin, please pause now to download or print the handouts that will be used for this part of the series.

This is Part 2 of the Paraprofessional Training Series. This webinar will address legal implications that paraprofessionals need to be aware of including Family Educational Rights and Privacy Act, Confidentiality, and Mandated Reporting.

This is a multi-part series offered for paraprofessionals. Verification of orientation training necessary for each paraprofessional to perform duties as assigned is present. The Federal Regulations and the Missouri Office of Special Education Compliance Standards and Indicators indicate that paraprofessionals who do not hold teaching certificates are required to have received fifteen clock hours of training within six months of hire including orientation and initial training prior to working with the student. A minimum of ten clock hours each school year thereafter is also required.

Part 2 of this series will provide information about becoming aware of the legal implications for confidentiality; developing skills to respond to others who might request confidential information about students; and understanding the paraprofessional’s role as a mandated reporter for abuse or neglect.

Please take a moment to make sure you have the handouts listed on the screen available for your use throughout the webinar. During the course of this training, you will be directed to pause the webinar to review and reflect on content or activities, using this handout. Upon the completion of the activity, click “play” and continue. As you move through this session, you should be able to affirm what you already know. Plus, you will be able to take note of the information you will need in your role as a paraprofessional.

What is the Family Educational Rights and Privacy Act, or FERPA?

Confidentiality begins with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99).

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. In your role as a paraprofessional, you will need to be aware of this law. If you want to know more, click on the link provided on the slide.

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record except to specified parties noted under the law.

The Student’s Education Record includes any personal directory information such as name, birthdate, address, phone number of parents or family members. Education records include data on student progress or grades, observations of student behavior or discipline records, attendance records and all information that is recorded through any electronic or paper form. A paraprofessional is not placed in a role to release any of this information. This information is defined as confidential. Confidential information about students at school is “protected” by the Family Educational Rights and Privacy Act (FERPA).

Confidentiality is extremely important. Discussions should occur in a confidential manner. Always refer discussions or questions to your teacher or administrator. It is important to know this procedure in your school district. As a paraprofessional, you will have access to a variety of information about students. This information is defined as confidential.

As a paraprofessional, you may be asked to record behavioral data or make other written observations about a student. Be cautious that you only record what you observe. Access administrative support before sharing any information.

It is now time to practice what you know about FERPA and confidentiality using real situations that could happen at school. Pause the webinar and access Handout #1. Take time to read each scenario carefully and consider what you know about confidentiality.

Scenario #1: You are in the grocery store when see a teacher with whom you work. Thetwo of you did not have time to discuss the lesson that you supported with a student.You know the teacher will work with this student before you see her the next day. You,very quietly, begin to discuss the lesson with the teacher. Is this a violation ofconfidentiality?Pause now and use the space provided on handout #1 to answer the question.

The answer to Scenario #1 is yes. This is a violation of confidentiality. You never discuss a student in a public place.

Scenario #2: You see a friend at a basketball game. This friend is also the parent of a student in the general education classroom to which you are assigned to support a student with a disability. The friend knows this and begins to ask questions about the classroom structure. Is this a violation of confidentiality?Pause now and use the space provided on handout #1 to answer the question.

The answer to Scenario #2 is yes. This is a violation of confidentiality. This conversation is not appropriate for you to have in your job as a paraprofessional. All questions from parents need to be referred to the teacher.

Scenario #3: The student with whom you are working tells you that they do not understand the lesson. You explain the lesson again using a writing organizer to help gather their thoughts. You give the student the appropriate accommodation in her IEP related to writing assignments. Is it a violation of confidentiality to discuss this with the teacher for proper documentation?Pause now and use the space provided on handout #1 to answer the question.

The answer to Scenario #3 is no. This is not a violation of confidentiality. If the classroom teacher originally taught the assignment and continues to monitor the use of accommodations, then this is an appropriate conversation.

If you are approached for confidential information, refer the person to the teacher or administration.

Remember - When in doubt, DON’T give it out! Treat confidential information as though your job depends upon it - because it does!

As an employee of a school district, you are a mandated reporter of abuse or neglect. Section 210.115 RSMo states that “any person paid to care for or work with children is a mandated reporter when there is reasonable cause to suspect that a child has been subjected to abuse or neglect.” This is true whether you are a public or private caretaker.

Mandatory reporting within schools began January 1, 2014. All schools are required to adopt and implement training guidelines and an annual training program for all school employees who are mandatory reporters of child abuse/neglect. You will receive or be a part of this training in your district. You work within a school, therefore you are now a mandated reporter.

Section 162.069, RSMo., requires that every school district and the governing body of each charter school shall include in its teacher and employee training a component that provides up-to-date and reliable information on identifying signs of sexual abuse in children and danger signals of potentially abusive relationships between children and adults.

The training provided shall emphasize the importance of mandatory reporting of abuse under section 210.115 including the obligation of mandated reporters to report suspected abuse by other mandated reporters, and how to establish an atmosphere of trust so that students feel their school has concerned adults with whom they feel comfortable discussing matters related to abuse.

There are a few points to remember. Not all reports lead to an investigation, family assessment or referral. Mandated reporters personal identification is kept confidential and not provided to the family. Mandated reporters are free from civil or criminal liability if the report is made in good faith.

The Missouri Hotline is 1-800-392-3738. Non-emergencies can be reported online at http://dss.mo.gov/cd/can.htm. A non-emergency is one where a student might show some signs of neglect but it is not life-threatening. Please ensure you are familiar with your district’s guidelines for mandated reporting and how to respond appropriately and in a timely manner. If you have not completed training, please access training at: http://protectmokids.com/

As a result of this training, you should now be more aware of the legal implications for confidentiality. The example scenarios were selected to place you in real life situations to help you develop skills in how to respond to others who might request confidential information about students. The final objective of this training was to help you understand the paraprofessional role as a mandated reporter for abuse or neglect. You are responsible for the students in your care and if there is reasonable suspicion of abuse or neglect you are to report it immediately.

Thinking about all of the information that was presented in this webinar, use handout #2 to reflect on your learning. Please pause the webinar at this time to complete this activity.

Missouri has been split into nine regions. Each region has a Regional Professional Development Center (RPDC). The diverse staff of the RPDC provides a variety of professional development opportunities and services for K-12 schools both on and off campus. Each of these centers have staff trained in paraprofessional professional development. Please contact your teacher/leader and your supervisor for access to the resources available through these centers.

This concludes Part 2 of the Paraprofessional Training Series.

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