Joe Price, a teacher in an affluent high school, reviewed the educational records of one of his students and discovered some very confidential information that he shared with another teacher during their break in the teacher's lounge. Because the other teacher had not personally accessed the information, she felt comfortable sharing this information with another colleague.
1. Is there a risk in sharing confidential student information with a colleague? Why or why not?
2. What legal options might the student exercise in this situation, and under what circumstances might these options be pursued?
3. What is Price's defense if challenges about his divulging this information arise?
4. How might the courts rule in this case if a legal challenge arises?
5. What advice would you provide for teachers regarding sharing confidential information to a second or third party?
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Laura will respond to this case study
ReplyDelete1. Yes there is a huge risk of sharing information regarding a child or the family with someone who does not need to know the information. Confidentiality is expected and a school policy that not only school staff needs to follow, volunteers in the school do as well. One may be face charges of libel or slander. In this case slander.
ReplyDelete2. The child could sue the teacher’s involved for slander. The spread of personal information in a negative way that is harmful to the child if the information was to get out into the public.
3. Mr. Price may be able to use good faith as his defense because it does not appear that he was sharing the information out of malice.
4. It is hard to say how they would rule because there is not much information in this case study about what happened after the information was shared with the colleague. If something bad happened to the student because of the information shared, then the court would probably side with the student. If nothing harmful happened then it probably would not make it all the way to court anyway.
5. My advice would be to not share any information regarding students with a second or third party. Another piece of advice that I would give is to not share information in a teachers lounge. Information about children needs to be shared on a need to know basis only.
1. I agree with Laura. If there is not a need for the teacher to have personal/educational information, than it should not be shared with a colleague or anyone who does not have written consent from the student (depending on age) or parent.
ReplyDelete2. A defamation law suite could be initiated by the injured party.
3. Good Faith.
4. I agree, depending on what damage is done to the student will probably guide the actions of the court.
5. Share information on a need to know basis, and never share information outside a professional setting.
1. Information should be shared on a need to know basis only. Information should only be shared with those directly involved with the student at that time.
ReplyDelete2. Depending on the information being shared this teacher could be sued for slander.
3. The teacher may be able to use Good Faith if it was not meant to harm the student in any way.
4. The courts could rule in favor of the student if they could show that the sharing of this information had a negative impact on the student.
5. I would and do advise teachers on a yearly basis that they should not share confidential information with anyone unless they are directly involved with the student and need to know that information.