Disclosure to Private Consultants

In some cases, private consultants are be hired by a parent to test or treat a student. Any information the private consultant requests will have to be obtained through the parents. The parents will need to provide written consent to release the information to the private consultant.

Even if the parents provide written consent the board should only release the information it would release to the parents – taking into account the privacy interests of the students. If the release of the information would be an unreasonable invasion of the privacy of the student the information should not be shared.

There is also no need to share any information with a private consultant verbally. Great caution should be exercised. It would be very difficult for a board employee to prove if a student or parent said that too much or inaccurate information had been shared. This must be distinguished from cases where agreements and protocols are in place for sharing with other agencies and working with their employees who are accountable to the agency.

The results of the private consultant’s investigations would be the personal information of the student and the board does not have the right to see the result or report unless the parents/student consent. If the information is shared with the board it would then be subject to LAFOIP.

Recommendations shared with the school can be used if it they are helpful, but it can be ignored if they are not.