Policy: 4000

Section: 4000 - Community Relations

Title: Confidential Communications

Status: Active

Adopted: April 25, 1993

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Confidential Communications

The board recognizes that school staff must exercise a delicate balance regarding the treatment of information that was revealed in confidence. A staff member may, in his/her professional judgment, treat information received from a student as confidential while at other times decide to disclose what was learned to the school administration, law enforcement officers (including child protective services), the county health department, other staff members or the student’s parents/guardians. The staff member should advise the student regarding the limitations and restrictions regarding confidentiality. The student should be encouraged to reveal confidences to his/her parents/guardians. If the staff member intends to disclose the confidence, the student should be informed prior to such action.

The following guidelines are established to assist staff members in making appropriate decisions regarding confidential information and/or communications:

1. Information contained in the student's cumulative record folder is confidential and is only accessible through the custodian of student records. Information secured through the authorization of the record’s custodian will remain confidential and will be used only for the purpose for which access was granted.
2. While certain professionals may have a unique confidential relationship (e.g. attorney-client privileged communications and licensed psychologists), school staff members including counselors do not possess a confidentiality privilege.
3. A staff member is expected to reveal information given by a student when there is a reasonable likelihood that a crime has or will be committed, (e.g., child abuse, sale of drugs, suicidal ideation).
4. A staff member will exercise professional judgment regarding the sharing of student disclosed information when there is reasonable likelihood that the student's welfare may be endangered.
5. If district officials determine there is a specific threat to the health or safety of a student or any other individual, it may disclose otherwise confidential student information to appropriate parties, as allowed by the Family Educational Rights and Privacy Act (FERPA).
6. A staff member is encouraged to assist the student by offering suggestions regarding the availability of community services to assist a student in dealing with personal matters, (e.g. substance abuse, mental illness, sexually-transmitted diseases, pregnancy). The staff member should encourage the student to discuss such matters with his/her parents/guardians. Staff members are encouraged to discuss problems of this nature with the school principal prior to making contact with others.

Cross References: 

Policy 2121            Drug and Alcohol Use/Abuse Program

Policy 2140            Guidance and Counseling

Policy 3231            Student Records

Policy 4040            Public Access to District Records

Policy 5260            Personnel Records

Legal References: 

RCW26.44.030(12) Reports — Duty and authority to make — Duty of receiving agency

 

Adoption Date: 04.25.93

Ferndale School District

Revised: 02.23.95; 11.26.13