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APHA Scientific Session and Event Listing

[ Recorded presentation ] Recorded presentation

Before HIPAA there was FERPA: Unanswered questions about confidentiality of student health records

Mary H.B. Gelfman, MA, JD, Due Process Unit, Connecticut Department of Education, 374 North Salem Road, Ridgefield, CT 06877, 203-438-3091, mngelfman@aol.com

The Family Educational Rights and Privacy Act (FERPA) was enacted by the U.S. Congress in 1974, primarily to provide parents with access to ALL personally identifiable records of their children in public schools, and to provide parents with a mechanism for challenging information in school records that they considered "inaccurate, misleading, or in violation of the student's rights of privacy". There are limited exceptions to parental access, including teachers' "personal notes" and material protected under state law enacted prior to FERPA. School staff members with "legitimate educational interests" have access to student records, and a log must be kept, identifying those who access each student's records. Issues of concern to school nurses and healthcare providers working with children include: parental and school staff access to records of student inquiries about reproductive health and HIV/AIDS; parental and school staff access to records of student substance abuse; status of records of mandated reports by school personnel of suspected child neglect or abuse; and records from HIPAA-covered healthcare providers sent to schools to assist in educational planning and emergency plans for children with special health needs.

Learning Objectives:

Keywords: Teen Pregnancy Prevention, Sexual Behavior

Presenting author's disclosure statement:

Any relevant financial relationships? No

[ Recorded presentation ] Recorded presentation

School Health Information Privacy Issues; FERPA

The 134th Annual Meeting & Exposition (November 4-8, 2006) of APHA