Confidentiality Violations

At Biello & Soowal, PLLC, we know that when parents send their child to school, they do more than trust educators with their academic development—entrust them with their child’s dignity and privacy. In special education, where a student’s medical history, disability classification, and behavioral needs are documented and discussed, that trust is even more sacred.

Confidentiality is not simply a bureaucratic box to check. It is the legal and ethical backbone of every Individualized Education Program (IEP) and Section 504 Plan. It safeguards children from stigma, bullying, and unnecessary exposure. When schools mishandle or improperly disclose sensitive educational records, families suffer. As a Florida special education lawyer team, we represent students and parents nationwide when that trust is broken.

Whether you’re a parent concerned about your child’s privacy or an advocate looking to understand the law, this page explains the laws that protect special education records, common ways confidentiality is breached, and how our firm can help you hold schools accountable.

Why Confidentiality Matters in Special Education

Children receiving special education services often deal with personal and sensitive challenges, ranging from mental health diagnoses to physical disabilities and behavioral intervention plans. Disclosing these details publicly, or to people who do not have a legal right to them, can lead to embarrassment, stigmatization, and academic setbacks. This is especially critical when such disclosures happen without a parent’s knowledge or consent.

Students with disabilities already face hurdles to equitable education. Confidentiality laws exist to prevent these hurdles from becoming insurmountable due to carelessness or neglect. As education attorneys in Florida, we’ve seen firsthand the long-term harm caused by a single mistake involving student records.

Key Laws That Protect Student Privacy

Several federal and Florida-specific laws are designed to protect the confidentiality of student records, particularly in special education.

Family Educational Rights and Privacy Act (FERPA)

FERPA is a federal law that grants parents and eligible students the right to access and correct education records, and it limits disclosure of personally identifiable information (PII) without written consent. Schools can only share PII with individuals with a “legitimate educational interest.” This includes teachers, therapists, and administrators directly involved in the student’s education, but not cafeteria staff, other parents, or unrelated personnel.

Individuals with Disabilities Education Act (IDEA)

IDEA provides additional confidentiality protections for students who qualify for special education services. Under IDEA, schools must maintain strict confidentiality regarding students’ educational records and only disclose information with proper safeguards. Parents have the right to file a complaint with the state educational agency or the U.S. Department of Education if a violation occurs.

Florida Statutes § 1002.22

This state statute complements federal protections by reinforcing parental rights, requiring that education records be accessible to parents, and prohibiting unauthorized disclosures. Schools in Florida must maintain proper security procedures for paper and digital student records.

What Qualifies as a Confidentiality Violation?

Despite clear legal guidelines, violations happen more frequently than most people realize. These incidents are not always malicious—they often stem from a lack of training, poorly designed systems, or simple negligence—but the harm they cause is no less real.

Sharing IEPs with Uninvolved Staff

An IEP should only be accessible to staff who work directly with the student, such as the special education teacher, classroom teacher, and therapist. If an administrator, janitor, or substitute teacher accesses this document without a valid reason, it’s a violation.

Leaving Records Unsecured

Leaving paper files in open areas or failing to password-protect digital IEPs on shared drives can result in unauthorized access. Many schools still rely on outdated filing systems and unsecured spreadsheets, which increases the risk of breaches.

Public Conversations About a Student’s Disability

Even well-meaning staff can violate a student’s confidentiality by discussing their needs with other students or parents. For example, a teacher telling another parent, “Your son will be sitting next to James because he has ADHD and needs help focusing,” is a clear violation.

Emailing or Faxing Without Encryption

Transmitting sensitive records over email or fax without proper encryption or safeguards may expose students’ information to the wrong recipients. If a school emails an IEP to the incorrect address or posts a student list with disability codes in a shared forum, it’s a breach.

What Happens After a Violation?

Violations of confidentiality can lead to legal and emotional consequences. While some incidents are resolved with internal corrections and parent apologies, others require formal legal action to ensure accountability and protection in the future.

For the Student

The student may suffer anxiety, embarrassment, or be subjected to bullying or exclusion. Academic performance may decline, and trust in teachers may erode. Some students may even regress in their behavior or skill development.

For the School

Schools that violate student confidentiality can face complaints filed with the Florida Department of Education, civil lawsuits, and even federal investigations. If systemic violations are discovered and uncorrected, schools can also lose federal funding.

For the Parent

Parents often feel betrayed when their child’s data is mishandled. This can damage the cooperative spirit required to maintain an effective IEP team and may require legal intervention to restore boundaries and implement proper safeguards.

How We Help as Florida Special Education Lawyers

We take confidentiality violations seriously. Whether the breach was due to carelessness or deliberate action, our team works to hold school districts accountable while protecting your child’s rights.

We Investigate the Violation

We begin by reviewing your student’s education file, IEP documents, emails, and any relevant communications to determine when and how the violation occurred.

We Communicate with the District

We should try to resolve the issue informally with school administrators. Often, districts will cooperate when faced with clear evidence of wrongdoing. We can negotiate confidentiality protections, disciplinary actions, or compensatory services on your behalf.

We File Formal Complaints

If the district refuses to adequately address the violation, we can file complaints with the Florida Department of Education or the Office of Civil Rights or bring a claim under FERPA or IDEA. We tailor our legal strategy to match the severity of the incident.

We Seek Remedies for Harm

If the violation led to emotional or educational harm, we may pursue additional remedies, including counseling reimbursement, private placement, or compensatory education services to make your child whole.

Florida Data and Case Trends

Data shows that confidentiality complaints are not uncommon in Florida. According to the Florida Department of Education’s most recent Exceptional Student Education (ESE) report, over 20% of parental complaints involve procedural violations, many of which include records access or unauthorized disclosures.

A notable Florida case involved a high school where a student’s disability category and testing accommodations were posted on a shared Google spreadsheet. Other students saw the information, resulting in harassment and widespread embarrassment. After legal intervention, the district revised its digital privacy policies and provided district-wide training.

Preventing Future Violations

Prevention is the best legal strategy. To help families and districts avoid future confidentiality issues, we offer:

• IEP Training Workshops for Parents: Understanding your rights empowers you to speak up when those rights are at risk.
• Record-Access Monitoring: We help families track who is accessing their child’s educational records and for what purpose.
• School Policy Reviews: We work with families and school staff to evaluate FERPA and IDEA compliance and propose better safeguards.

Your Legal Rights as a Parent in Florida

Parents of students with disabilities in Florida have powerful rights under both federal and state law. These rights include:

• The right to inspect and review all educational records related to your child
• The right to request that inaccurate or misleading records be amended
• The right to provide written consent before the school discloses any information
• The right to file a complaint with the state or federal government if your child’s records are mishandled

If a violation has occurred, you do not have to face it alone. As education attorneys in Florida, we advocate for your child’s dignity, privacy, and future.

Steps to Take if You Suspect a Violation

If you believe your child’s confidential education information has been inappropriately shared, act quickly:

1. Request a Copy of Your Child’s Records: Look for unauthorized additions, edits, or viewership.
2. Document Everything: Keep a detailed log of who said what, and when. Save emails, meeting notes, and messages.
3. Submit a FERPA Request: Ask the school to identify who has accessed your child’s records.
4. File a Written Complaint: Start with your school principal or district office. If the issue remains unresolved, escalate to the Florida Department of Education or the Office of Civil Rights.
5. Contact a Florida Special Education Lawyer: That’s where we come in. We’ll guide you through every step.

Frequently Asked Questions About Confidentiality Violations in Florida Special Education

What qualifies as a confidentiality violation in special education?

A confidentiality violation occurs when a student’s private educational information—such as an IEP, medical diagnosis, or behavioral history—is disclosed to someone who does not have a legitimate educational need to know. This includes sharing details with other parents, posting information online, or discussing sensitive matters in public settings.

Who can legally access my child’s IEP in Florida?

Only individuals with a direct role in your child’s education can access their IEP. This usually includes special education teachers, classroom teachers, school psychologists, and certain administrators. Staff without a legitimate educational interest, such as other parents, non-instructional staff, or volunteers, are not allowed access.

Can I sue the school for a confidentiality breach?

Depending on the severity of the breach and the impact on your child, legal action may be appropriate. While FERPA does not allow for private lawsuits, you can file complaints with the U.S. Department of Education or pursue legal action under state privacy laws and IDEA provisions.

How do I file a complaint for a confidentiality violation in Florida?

You can file a written complaint with your school district’s Exceptional Student Education (ESE) department. If the issue is not resolved, you may escalate it to the Florida Department of Education or the U.S. Department of Education’s Family Policy Compliance Office.

What should I do if I suspect a breach occurred?

Start by requesting a copy of your child’s educational records and documenting the incident in detail. Then, consult with a Florida special education lawyer to determine your options and protect your child’s rights going forward.

Your Child’s Privacy Deserves Protection

Confidentiality is more than a legal requirement—it’s a promise. It tells families that their child’s most sensitive information will be respected, protected, and never used against them. When schools break that promise, our team makes it right.

At Biello & Soowal, PLLC, we don’t just handle cases—we help families reclaim their voice in Florida’s education system. We encourage you to reach out if you believe your child’s rights have been violated. We’ll listen, investigate, and fight to ensure your family’s trust is not broken again.

Let us help you hold the system accountable. Your child’s future depends on it.