Socio-psycho-pedagogical evaluation

In this publication, we will discuss the Sociopsychopedagogical Evaluation, where we will analyze the impact it has in terms of data protection The socio-psycho-pedagogical evaluations carried out by educational centers, given their sensitive nature in all aspects.

And we are immersed in this matter, with the saying: “all children are not equal” and it is true in all senses, because each child may have different abilities from their peers, and this may affect their personal, family and, of course, school development.

When we talk about different abilities, we must consider those that refer to both a high level of development and a low level of development, both of which must be addressed by the educational centers at the time they have sufficient information to detect these situations.

Thus, the educational centers participate through the autonomy recognized to them, in the pedagogical areas with the elaboration of their educational projects, as well as in the economic management of the centers and the elaboration of their organizational rules.

According to Organic Law 2/2006, of May 3, 2006, on Education, education in our country must follow certain pedagogical principles, which include personal tutoring of students and educational, psycho-pedagogical and professional guidance, as fundamental pillars of this stage of development of the individual, as well as providing specific solutions in the cases of students who show special learning or integration difficulties in the ordinary activity of the centers, as well as those with a high intellectual capacity and students with disabilities.

On the other hand, the functions granted to teachers play a very important role in this task of identifying the specific needs of students, such as the evaluation of the students’ learning process, together with the educational and professional guidance of the students, with the collaboration of the specialized departments.

Among the specialized services or professionals that should be available to educational centers are, among others, psycho-pedagogical assistance.

Socio-psycho-pedagogical evaluation

The socio-psycho-pedagogical evaluation is a process of gathering information on students who present some difficulties in their learning, as well as mismatches in their curricular performance, in order to detect educational needs and to propose by the educational center the possible improvement measures and/or aids for a better performance of the students.

In the Comunitat Valenciana, according to art. 3.1. of the RESOLUTION of December 23, 2021, of the General Director of Educational Inclusion, by which instructions are issued for the detection and identification of the specific educational support needs and the needs for the compensation of inequalities., the socio-psycho-pedagogical evaluation will be mandatory in the following cases, according to article 5.3.1 of ORDER 20/2019, of April 30, of the Regional Ministry of Education:

a) Curricular enrichment for students with high intellectual abilities.
b) Program to improve learning and performance (PMAR).
c) Reinforcement program for the fourth year of ESO (PR4).
d) Shared classroom program (PAC) in ESO.
e) Basic qualification training programs adapted to people with special educational needs derived from disability.
f) Second chance basic vocational training cycles, in the case of students with special educational needs derived from disability.

However, the regulation itself suggests that it should also be carried out in those cases where it is considered pertinent in order to detect educational support needs, as well as their adequate attention, in cases of learning difficulties and high intellectual abilities.

Data protection in socio-psycho-pedagogical assessment

According to what has been said so far, it is obvious that the Data Protection RegulationIn order to find out what issues we should take into account in this matter, we consult the Guide for educational centers published by the AEPD, which states that the data collected and contained in the psycho-pedagogical reports are considered health data; they will be considered special category data, which in principle their treatment is prohibited.

However, and in accordance with the provisions of Article 9.2 of the RGPD and Article 9.2 of the LOPDGDD, in the case at hand, an exception may be applied to this prohibition:

Express consent

The prohibition of processing personal data may be lifted when the person concerned (student, in this case) has given his consent expressly, and must do so through his parents or guardians if he is under 14 years of age.

Therefore, having this written consent from the parents and/or guardians, or, if applicable, from the data subject, is essential for the processing of the student’s personal data to be lawful and to comply with the obligations established in the Data Protection Regulations..

Confidentiality and Minimization

Another point that should not be neglected in data protectionThe duty of confidentiality and the principle of data minimization, which applies to the processing of data in the socio-psycho-pedagogical evaluation, by the specialized team of the center, as well as external collaborators where appropriate, being mandatory not only by the provisions of Article 5.1 c) and f) of the RGPD, Article 5.1 of the LOPDGDDD, but also as established in Article 4.4.3 of the RESOLUTION of December 23, 2021.

Conservation

Regarding the length of time socio-psycho-pedagogical evaluations can be kept, in educational centers the general rule applies as long as strictly necessary for the purpose of the processing. Since the data are considered health data, the 5-year retention period established by article 17.1 of Law 41/2002 on clinical documentation could be applied by analogy.

Custody and Training

And finally, we would like to mention that the custody of the socio-psycho-pedagogical evaluations and attached documentation, as well as the access to this documentation, can only be held by those persons authorized by the educational center (team of psychologists, pedagogues, among others), having the obligation to inform and train these persons in data protection.

Copy of the Socio-psycho-pedagogical Evaluation

The socio-psycho-pedagogical evaluations will result in a written report where the psycho-pedagogical team collects the conclusions of the socio-psycho-pedagogical evaluation procedure, as well as the measures to be adopted in each specific case.

The parents or guardians of each student, and in any case, the interested party, have the right to request a copy of the Evaluation and Socio-psycho-pedagogical Report, as stated in Article 4.7.5 of the RESOLUTION of December 23, 2021, which will be recorded in writing, using our Clause 08 of the Report Output.

The Report must be delivered respecting all security measures regarding data protection, such as, for example, delivery in a sealed envelope, verification of the identity of the person to whom it is delivered and if it is not the interested party or his/her parents/guardians, to whom it has been previously authorized and in writing, as well as that it is delivered in its entirety.

Business Adapter® at your service

If you are responsible for an educational center and have questions about how to carry out the processing of students’ personal data, contact us by email: info@businessadapter.es, you can also call 96 131 88 04, or leave your message in this form:

[su_button url=”https://businessadapter.es/contacto” target=”blank” background=”#f6f903″ color=”#181818″ size=”7″ center=”yes” icon_color=”#000000″]Contact us, we will be pleased to help you.[/su_button]