Paraprofessional confidentiality: what you can and cannot share
By the IEP Atlas editorial teamLast updated
Short answer
Paraprofessional confidentiality means you share information about a student only with school staff who work with that student and need it for their job. You do not discuss students with friends, neighbors, other parents or staff who are not on the team. Data sheets, notes and photos are protected records, so keep them out of sight and hand them to the teacher.
Paras learn more about students than almost anyone else at school. You know who struggles to read, who has a behavior plan, who needs help in the bathroom and what happened at home last weekend. That closeness is why confidentiality rules matter so much in this job.
Two federal laws set the base rules. FERPA protects the privacy of student education records and limits who may see them without a parent's written consent.[1] IDEA adds that schools must protect personally identifiable information when it is collected, stored, shared and destroyed, and that every person who collects or uses it must be trained on the state's privacy procedures.[3] Your district's policy fills in the rest.
For the para role in general, see paraprofessional roles and responsibilities.
The one test to use
Before you share anything about a student, ask: does this person work with this student, and do they need this to do their job? If both answers are yes, you may share what they need. If either answer is no, say nothing about the student, or send the person to the teacher.
FERPA lets school officials with a legitimate educational interest see records without consent.[2] In practice, that means the student's teachers, providers, case manager and administrators. It does not mean every adult in the building.
One student, one week: Maya's example
Maya is a fictional grade 4 student with an IEP for reading. She has a para for 30 minutes of reading practice and for math block. Here is one week in October, and what the para should do each day.
Monday, Oct 14. At the grocery store, a neighbor says, "I heard Maya has an aide now. Is she behind?" The para answers, "I can't talk about students, but it's nice to see you." Nothing more. Even confirming that Maya has a para shares information from her record.
Tuesday, Oct 15. In the staff lounge, two teachers who do not teach Maya ask why she leaves class at 9:00. The para says, "Her teacher can tell you if you need to know." The lounge is not a private place, even when only adults are present.
Wednesday, Oct 16. The para finishes a reading session and leaves the data sheet on the copier. The sheet shows Maya's first name, her goal and 6 of 10 words correct. The para goes back for it within 5 minutes, then keeps sheets in a closed folder from then on.
Thursday, Oct 17. A parent volunteer in the classroom asks how Maya did on her reading check. A volunteer is not on Maya's team, so the test above says no. The para answers, "I keep student information with the teacher," and goes back to the lesson.
Friday, Oct 18. Maya's mother asks the para at pickup how reading went this week. The para follows the district rule the teacher set in training: share a friendly, general note ("She worked hard and read her new passage twice"), and send questions about scores or progress to the teacher. Parents have the right to see their child's records, but the teacher is the one who explains the data.[2]
By the end of the week the para has shared nothing outside the team, and the one slip (the copier) was fixed within 5 minutes.
Summary of the rules
| Situation | What to do | Basis | Where states and districts differ |
|---|---|---|---|
| Someone outside school asks about a student | Do not confirm or discuss | FERPA and district policy[1] | Rarely differs |
| A staff member on the student's team asks | Share what they need for their work | Legitimate educational interest[2] | Who counts as "on the team" is set locally |
| Staff not on the team ask | Refer them to the teacher | Same | Same |
| The student's parent asks about progress | Share a general note; send data questions to the teacher | District communication policy | Varies a lot by district |
| Another child's parent asks | Say nothing about any other student | FERPA[1] | Rarely differs |
| Data sheets and notes | Keep in a closed folder; hand to the teacher daily | IDEA safeguards[3] | Storage and shredding rules vary |
| Photos of student work or students | Only with district approval and devices | District technology policy | Varies; some states have their own student privacy laws |
| Texting or messaging about students | Use only the district-approved system | District policy | Varies widely |
| Social media | Never post about students, even without names | District policy | Some districts add staff social media rules |
Your own notes
FERPA does not treat a staff member's private memory-aid notes as education records if the notes stay in that person's sole possession and are not shared.[2] The moment you hand a note to the teacher or leave it where others can read it, that exception no longer fits. The simple rule for paras: anything you write about a student goes to the teacher, and you keep no private copies.
Step by step: handling the opportunity data sheet
Most paras use the opportunity and trial data sheet every day. Here is how to keep it private from start to finish.
- Pick up the sheet from the teacher's folder, not from an open tray.
- Write first names or initials only. No last names, diagnoses or IEP dates on the sheet.
- Record during the session on a clipboard you can turn face down when a peer walks by.
- Do not photograph the sheet on a personal phone. If your district uses a phone app or link for data, use only that.
- Hand the sheet to the teacher before you leave, or put it in the locked or closed folder the teacher names.
- Never take sheets home. If you take one by mistake, return it the next morning and tell the teacher.
If your team uses IEP Atlas Pro, the teacher can send you a data-entry link that opens on any phone with no account. It shows only the first names or initials and the goal names the teacher picked, and each entry is flagged for the teacher to review. You still follow every rule above about who sees the screen.
The general routine for taking accurate data is in how paras collect accurate IEP data, and the para daily communication log shows how to write notes the teacher can use without adding private details.
Common slips and better habits
- Slip: Talking about a student by name in the hallway. Better: Wait until you are in a closed room with the teacher.
- Slip: A group text with other paras about a hard morning. Better: Tell the teacher in person or through the approved system.
- Slip: A posted schedule that lists students' goals. Better: First names and times only, kept in a folder. The para schedule template shows a private version.
- Slip: Telling a student's friend why she leaves class. Better: "She has a different class at this time."
Frequently asked questions
Can a para tell another para about a student?
Only if the other para also works with that student and needs the information for their job, such as covering a break. Venting about a student to a para who does not serve them is a confidentiality breach.
Can a paraprofessional talk to parents?
That depends on district policy and on what the teacher sets up. Many districts allow a friendly general note about the day but send questions about data, progress or concerns to the teacher or case manager.
What should a para do after a confidentiality mistake?
Fix what you can right away, such as picking up a sheet you left out, and tell your supervising teacher the same day. Teachers would rather hear about a slip early than learn about it from a parent.
Use it in IEP Atlas
- FERPA in the IEP glossary
- Paraprofessional in the IEP glossary
- Opportunity trial data sheet
- Prompt hierarchy in the IEP glossary
Related guides
- Paraprofessional roles and responsibilities
- Paraprofessional schedule template with a completed example
- Para daily communication log template
- Paraprofessional vs teacher roles: who decides and who carries it out
- Paraprofessional observation form: a printable checklist
Sources
- FERPA, Protecting Student Privacy, U.S. Department of Education
- 34 CFR Part 99: Family Educational Rights and Privacy, eCFR (National Archives)
- 34 CFR §300.623: Safeguards, U.S. Department of Education (IDEA website)
Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.