Confidentiality for School Social Workers
This microcredential represents a social worker’s understanding of and compliance with record keeping and privacy in a school setting. When records are kept for a student, they become a part of the student’s educational record, which has implications for privacy and confidentiality when considering mental health notes/records.
To earn this microcredential you will collect and submit two sets of evidence demonstrating your understanding of and compliance with record keeping and privacy in a school setting.
- Respond to questions related to the scenario below to demonstrate your understanding of record keeping and privacy in a school setting.
- Submit supplemental evidence to demonstrate your practice of record keeping and privacy in a school setting.
You will also complete a reflection on your practice of record keeping and privacy in a school setting.
Click on the link above that says “Submit Evidence and Reflection” when you’re ready to get started.
This microcredential is intended for social workers working in a school setting. Social workers share the limits of privacy, confidentiality, and self-determination with students and parents initially and as needed, throughout the social worker-client relationship. The resources listed below are meant to aid you in your learning before submitting the required evidence.
The Family Educational Rights and Privacy Act federal law that protects the privacy of student education records.
HIPAA:The Health Insurance Portability and Accountability Act is a federal law with goals to improve continuity of group and individual health insurance coverage, combat waste and fraud in health insurance and health care delivery, improve access to long-term care services, and simplify the administration of health insurance.
Privacy*:The right or value to maintain personal control of one’s belongings, body, decisions, information, and thoughts against unauthorized intrusions by others. *Definitions are from Ethical Decision Making in School Mental Health by Raines & Dibble (2011)
Self-determination*:The autonomy to make decisions and choose a course of action so long as there is no infringement on the rights of others to do the same. *Definitions are from Ethical Decision Making in School Mental Health by Raines & Dibble (2011)
Confidentiality*:Information that is communicated to another with the understanding that the disclosure is not meant to be shared with others.
*Definitions are from Ethical Decision Making in School Mental Health by Raines & Dibble (2011)
A therapist has no duty to warn or take precautions to provide protection from any violent behavior of his client or patient, except when that client or patient communicated to the therapist an actual threat of physical violence against a clearly identified or reasonably identifiable victim. That duty shall be discharged if the therapist makes reasonable efforts to communicate the threat to the victim, and notifies a law enforcement officer or agency of the threat.
Duty to Inform:A school shall notify a part if the parent’s student threatens to commit suicide; or notify the parents of each student involved in an incident of bullying, cyber-bullying, hazing, abusive conduct, or retaliation of the incident involving each parent’s student.
Scenario 1:
Paula is a Latinx, 11th grade, non-binary student who receives special education services for a Specific Learning Disability (SLD). They are fluent in English, but their parents have limited English speaking ability. They live in a rural community where they are a racial minority and do not believe in any one religion. They have been involved with the juvenile justice system and are currently staying at their aunt’s house. They are not a U.S. Citizen and have no legal documents or medical insurance.
Disciplinary proceedings are being held because Paula was filming other students in the bathroom. Paula has been at this school for one week and was previously in a nearby district. During the disciplinary hearing, it was discovered that Paula is involved in therapy. You’ve been asked to gather more information and report back to the disciplinary team.
During your conversation with the therapist you discover that Paula’s previous school district contacted the therapist about similar behaviors. Paula has had probationary services in the past and the therapist disclosed a history of sexual abuse by their non-custodial parent which is why they are not staying at home right now.
During your conversation with Paula’s previous school you discover that Paula shared inappropriate videos with classmates there as well. Paula also struggled with attendance which resulted in difficulty meeting their IEP goals. When Paula was in school, they slept a lot and had a hard time engaging in their classes. The previous school assigned them to an attendance tracker and tried to provide incentives, but they were mostly unsuccessful.
Scenario 2:
Joshua is a Caucasian, English-speaking, 5th grade, male student in general education. He lives in an affluent, urban neighborhood with his mother and father and they are all U.S. Citizens. His mom is a stay-at-home mom and his father works outside the home. They have medical insurance and they are devout members of the Church of Jesus Christ of Latter Day Saints. Joshua has no known mental health diagnoses
Joshua came to school with his arm in a sling. His mother made a point of seeing you to tell you that he had been playing at home and had fallen off his bed. She said she took him to the hospital and they had said it was nothing to worry about. Later in the day Joshua’s friend, Daniel, reports to you that Joshua was crying. Daniel tells you that Joshua told him that his dad was mad and pulled him off the bed.
During your conversation with Joshua near the end of the day, he confirms the story that David told you: his dad got mad and pulled him off his bed. After that, his arm was really hurting him and he felt scared about his dad getting so mad. He said this happens a lot and he tries to be good so his dad won’t get mad at him. He is begging you not to tell anyone because he doesn’t want his dad to be more upset with him. During your investigation, you receive an email from the teacher asking about Joshua’s arm and if something is wrong because she noticed he was out of class for a while.
Category: Preparation and Planning
Submit the evidence described below to show your understanding of and compliance with record keeping and privacy in a school setting.
Respond to questions associated with two scenarios to show your understanding of and compliance with record keeping and privacy in a school setting. You can upload your response or type your response in the box below. If you upload your response, you do not have to type anything in the boxes below. Be sure to describe any platforms, forms, record keeping tools, etc. that are applicable to your district.
Choose one:
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Upload a video response to the questions identified in the two scenarios provided in the attached file. Your responses should address ALL of the questions outlined in each scenario. Please talk about each scenario separately. You may submit one video with both scenarios discussed or you may submit two separate videos.
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Upload a written response to the questions identified in the two scenarios provided in the attached file. Your responses should address ALL of the questions outlined in each scenario. Please respond to each scenario separately.
Category: Implementation
Submit the evidence described below to show your understanding of and compliance with record keeping and privacy in a school setting.
Choose at least one of the following to support your practice of Record Keeping and Privacy:
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Scripted Conversation: Identify an opportunity in which you were required to protect the confidentiality and privacy of a student. Review the conversation and actions involved in the scenario and script it out. Include a reflection about why you did what you did and how it protected the student’s right to privacy.
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Track Opportunities to Protect Confidentiality by completing the attached form. Must include 5-10 opportunities.
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Submit at least 4 different artifacts that support your anticipation of protecting privacy and confidentiality. This could include posters on your wall showing your limits of confidentiality, group curriculum syllabi that outlines the group’s expectation to protect privacy, signed release of information (with protected information redacted), signed permission forms (with protected information redacted), or other ways that you prepare students, parents, teachers, and administrators the requirement to protect privacy and confidentiality.
Opportunities to Protect Privacy and Confidentiality (1).xlsx
Category: Supplemental
Submit evidence that matches other criteria.
Choose at least one of the following to support your practice of Record Keeping and Privacy:
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Scripted Conversation: Identify an opportunity in which you were required to protect the confidentiality and privacy of a student. Review the conversation and actions involved in the scenario and script it out. Include a reflection about why you did what you did and how it protected the student’s right to privacy.
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Track Opportunities to Protect Confidentiality by completing the attached form. Must include 5-10 opportunities.
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Submit artifacts that support your anticipation of protecting privacy and confidentiality. This could include posters on your wall showing your limits of confidentiality, group curriculum syllabi that outlines the group’s expectation to protect privacy, signed release of information (with protected information redacted), signed permission forms (with protected information redacted), or other ways that you prepare students, parents, teachers, and administrators the requirement to protect privacy and confidentiality.
Review Criteria
Scenario Criteria
Criterion 1: The applicant describes how they ensure informed consent is provided and how they would protect confidential information in both scenarios.
Criterion 2: The applicant cited FERPA, HIPAA, and NASW Ethical Standards to back up their decision making process.
Criterion 3: The applicant described and/or cited their district’s policy/procedures related to documenting DCFS referrals.
Implementation Evidence Criteria
Criterion 1: The evidence submitted demonstrates the applicant’s practice of protecting students’ right to providing informed consent.
Criterion 2: The evidence submitted demonstrates the applicant’s practice of informing students and families about limits to confidentiality.
Criterion 3: The evidence submitted demonstrates how the applicant protects students’ right to privacy by maintaining confidential information.
You can upload your response or type your response in the box below. If you upload your response, you do not have to type anything in the boxes below.
Discuss how you plan to enhance your understanding and use of privacy and confidentiality in your work with students. Describe how you effectively protect students’ privacy and confidentiality in your work with them. Discuss how your students benefit from your ability to effectively protect their privacy and confidentiality.
Review Criteria
Reflection Criteria
Criterion 1: The applicant identifies at least one way in which they plan to improve their practice of confidentiality and privacy protection.
Criterion 2: The applicant identifies at least one way in which they effectively protect student privacy and confidentiality.
Criterion 3: The applicant identifies at least one way in which the students benefit from privacy and confidentiality being protected.
https://usbe.instructure.com/courses/75/
This course is meant to keep you current on educational privacy law as well as help you establish and maintain good privacy and security practices in the classroom. As an educator, you have access to a lot of student data and it's your job to make sure it is used appropriately in order to protect the privacy of your students.
Duty to Inform: 53G-9-604. Parental notification of certain incidents and threats required.
https://le.utah.gov/xcode/Title53G/Chapter9/53G-9-S604.html
Utah Code instructing educators about the requirement to notify parents on certain incidents and threats.
Data Privacy in Education – An iKeepSafe Educator Training Course
https://usbe.midaseducation.com/professional-development/courses/course/41443?qQuery=privacy&isUpcomingSectionsHidden=1
The comprehensive course covers multiple student data privacy topics including:
- Introduction to K-12 Data Privacy
- Reviewing EdTech Products
- Privacy, Safety, and Security
- Vendor Contracts
- Privacy & Security for Administrators
- Privacy & Security for School Board Members
- Building Trust with Parents & Community
- Handouts & Additional Resources
PART 99 - FAMILY EDUCATIONAL RIGHTS AND PRIVACY
https://www.ecfr.gov/current/title-34/subtitle-A/part-99
Federal regulations about educational rights and privacy.
HIPAA Home
https://www.hhs.gov/hipaa/index.html
Office for Civil Rights – information about HIPAA.
NASW Ethical Standards
https://www.socialworkers.org/About/Ethics/Code-of-Ethics/Code-of-Ethics-English
Ethical standards to which all Social Workers must comply.
Utah Effective Teaching Standards and Indicators
https://www.schools.utah.gov/file/7313cfe5-5e68-41ef-9de4-03e5a9d395d8
The Utah Effective Teaching Standards articulate what effective teaching and learning look like in the Utah public education system.
Supplemental Ethical Standards for School Social Work Practice
https://aab82939-3e7b-497d-8f30-a85373757e29.filesusr.com/ugd/426a18_cd2f6606e4a9492487b6a5e463dc7a3b.pdf
These supplemental ethical standards build on the values, principles, and ethical standards articulated in the NASW Code of Ethics. They 1) specifically address issues critical to school social work practice but not addressed in the NASW Code of Ethics, and 2) are in addition to and do not in any way supplant the NASW Code of Ethics.
NASW School Social Work Standards
https://www.socialworkers.org/LinkClick.aspx?fileticket=1Ze4-9-Os7E%3d&portalid=0
NASW guidance regarding School Social Work services.
Duty to Warn
https://www.ncsl.org/research/health/mental-health-professionals-duty-to-warn.aspx
Mental health professional’s duty to warn requirements.
Christina Bishop-Kollar
Berret Capps
Briana Christensen
Jocelyn Cortez
Edward Del Toro
Charles Huff
Brett Larsen
Melissa Larsen
Venyce Martinez-Lunceford
Emmaline Price
Cynthia Ralston
Amber Schiffman
Jennifer Shepherd
250 East 500 South
Salt Lake City, UT 84111-3204
Phone: 801.538.7807