DISCLOSURE OF INDIVIDUAL POVERTY DATA
Riverside Publishing Company has provided coded poverty data for individual students on the classroom score reports distributed to school districts. Access to individual poverty data is allowed for purposes of compliance with the federal No Child Left Behind legislation. Access to and the use of individual poverty data requires that actions be implemented to protect students from the improper disclosure of individual student eligibility data. In Arkansas, poverty data is defined as eligibility for free or reduced price meals.
TRAINING REQUIRED
All district personnel with access to individual student poverty data provided by the Riverside Publishing Company shall be trained to prevent improper disclosure of individual student eligibility. Each staff person with access to the individual poverty data must be notified of their personal liability should they disclose an individual student's eligibility for any unauthorized purpose.
Staff training regarding confidentiality of individual student eligibility status will include:
· Instructions for use of student poverty data for No Child Left Behind
· Security Procedures for protection of data from unauthorized uses and disclosures
· Written notification to staff that the poverty data may be used only for the purpose of which the disclosure was made. According to current Federal regulations, ADDITIONAL USES OR DISCLOSURE TO OTHER PARTIES IS PROHIBITED, AND A VIOLATION OF THIS PROVISION MAY RESULT IN A FINE OR IMPRISONMENT.
Documentation of staff training should be maintained at the school and/or district level by the district test coordinator.
PENALTIES FOR IMPROPER DISCLOSURE
The National School Lunch Act establishes a fine of not more than $1000, or imprisonment of not more than 1 year, or both, for publishing, divulging disclosing or making known in any manner or extent any eligibility information not authorized by Federal law.
DISCLOSURE - A DISTRICT OPTION
Before distribution to classroom teachers, a district may choose to mark out the poverty data on classroom score reports; however, any staff with access to individual poverty data must receive appropriate training.
PROTECTION OF STUDENTS
Protection of the identity for students eligible for free and reduced price meals must be the top priority. Due to the liability involved for both the district employee and the district, it is prudent for each district to establish a written policy and procedures for protection of the data. Orientation of school staff and consistent administration of the district policy and procedures will provide the best protection of students. Consistent policy implementation can provide some defense if allegations concerning misuse of eligibility information arise. DISTRICTS THAT CHOOSE NOT TO DISCLOSE ELIGIBILITY INFORMATION SHOULD HAVE A WRITTEN POLICY TO THAT EFFECT.
REMINDER
Districts cannot use individual student poverty data to secure grants, research studies, etc. without written consent by the parent or guardian for local educational purposes. Only aggregate data can be used for local purposes without formal signed consent forms. Refer to ADE Directors Memo IA-99-011 for additional information on authorized use of this data.