CONFIDENTIALITY/PRIVACY ISSUES

1. According to the Family Educational Rights and Privacy Act of 1974, enacted as Section 438 of the General Education Provisions Act, student information that is considered "private" can not be shared with anyone who is not designated on a release of confidential information form that has been signed by the student. Examples of confidential information disclosures include disabilities, recovering substance abuse condition, AIDS/HIV, or other medical information. If the student discloses any condition or disability that falls under the Privacy Act, the disclosed information can not be shared with anyone without a release of confidential information form, including all appropriate signatures.
2. Each LEA must adhere to their affiliated institution's policy for directory information, which must be in accordance with DOE 34 CFR, Part 99 (Family Education Rights and Privacy). Furthermore, each student must sign a form that verifies their knowledge that the institution can release directory information.
   
   Information that can be released is "directory information", and is regarded as 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 listing, date and place of birth, dates of attendance, and the most recent previous educational agency or institution attended.
3. Every LEA receiving state or federal adult education funds will have proper release forms for release and/or transferral of confidential information. (Samples of release forms are in Appendix C.)
4. No confidential information or any other assessment information regarding a student can be shared externally (outside the center or council) for referrals or recommended testing without a signed release of information form specifying the agency representative or diagnostician to whom the information is to be released.
5. Standards for release forms:
   1. Release forms must be on agency letterhead.
   2. Information to be released must be specified.
   3. Individuals/organizations to whom information is to be released must be specified.
   4. A validation statement must be included on the release form. For example, "This release of confidential information is only valid from the date of signature to (specify ending date) or until canceled by the undersigned in writing. I understand the information will be kept confidential and will not be shared with any other agency without my consent. This release form has been read/reviewed with me and I understand its content."
6. No student information will be transferred unless appropriate release forms have been completed and are on file. Faxing and other electronic transfer methods (e.g., E-mail, Internet, telephone) are not permissible for transfer of confidential information.
7. No confidential information regarding a student can be shared with the internal program's teaching, support, or administrative staff without a release of information form signed by the student or his/her parent or guardian.
8. Any documentation containing disclosures of disabilities or otherwise confidential information will be separated from routine student information and kept in a locked and secure filing cabinet.
9. Filing cabinets containing confidential information will remain locked, will be inaccessible to students or support staff, and will have a log filed foremost in each locked drawer upon which entries will be made when confidential files are accessed by any instructional or administrative staff.
10. A sample log sheet is included in Appendix E. At a minimum, log sheets will require date of file entry, name of student's file accessed, name of staff member accessing file, and actions taken.
11. Confidential information files will be maintained at the local program level for a period of not less than five years. Local policies may extend this period.
12. During program evaluations by adult education evaluation teams, other accrediting agencies, or designated evaluators, the following procedures will be followed:
    1. Evaluators will check the physical security of confidential filing cabinet(s).
    2. Evaluators will randomly select files contained in the confidential filing cabinet to monitor the program's ability to appropriately address and maintain confidential/private information.
    3. Evaluators will not read for detail nor otherwise extract any student information from confidential file folders.
    4. Any information of a confidential nature that a student discloses, whether upon initial intake, during academic assessments, through informal assessments, inventories, checklists, or writing exercises should be separated from routine paperwork and filed in the confidential file.
    5. Applications and enrollment forms must be free of confidential questions.

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