The Family Policy Compliance Office is excited to announce the launch  of the new Student Privacy Website! This new website replaces both the Privacy Technical Assistance Center’s and the Family Policy Compliance Office’s sites.  The Student Privacy Website can be found at:  https://studentprivacy.ed.gov. Be sure to update your bookmarks accordingly!

Can a school’s law enforcement unit officials be considered schools officials with legitimate educational interests?

Yes, if certain conditions apply.  A law enforcement unit official, just like any other employee of the school, may generally be considered a school official with a legitimate educational interest if the employee needs to see education records in order to perform his or her professional duties.  In several questions below, we discuss how the school official provision applies in situations in which the law enforcement unit is not comprised of school employees.

Alan Himsl 9/22/2015

In the state of Washington the Health Care Authority (HCA), the single state Medicaid agency operates two programs under which school districts claim Medicaid funds.  These programs are School Based Health Services (SBHS) and Medicaid Administrative Claiming (MAC).

Tom Myers 9/19/2015

I think the appropriate standard is expressly stated in the regulations already – under 34 CFR 99.31(a)(9)(iii), if the parents or eligible student are in litigation with the educational agency, the test is relevancy to the prosecution or defense of the claims in the litigation.  That standard applies to all education records, including medical records.  Any attempt to define or limit what is relevant will needlessly limit the ability of the educational agency and its attorneys to comply with the existing regulation and protect its legal rights during the litigation.  The possible fact scen

Carrie Hemphill Rieth 9/15/2015

This communication may be protected by the attorney/client privilege and may contain confidential information intended only for the person to whom it is addressed.  If it has been sent to  you in error, please reply to the sender that you have received the message in error and delete this message.  If you are not the intended recipient, any dissemination, distribution, copying or other reproduction of this message is strictly prohibited.

Barbara Holthaus 9/11/2015

To whom it may concern-  These comments represent my personal comments as a member of the legal profession, rather than those of my employer, The University of Texas System. The University of Texas System will be submitting formal responses under separate cover.

As an attorney who works frequently with FERPA, HIPAA and state medical privacy laws, I respectfully think the interpretation in the Dear Colleague letter represents a misinterpretation of the applicable law.

Letter to Virginia Attorney General Mark Herring Regarding Public Release of Executive Summary provided to University of Virginia Board of Visitors

Letter to the Commonwealth of Virginia’s Attorney General Mark Herring providing guidance and technical assistance regarding the applicability of FERPA to the potential public release of an executive summary of a report provided to the University of Virginia’s Board of Visitors.

Dear Colleague Letter to School Officials at Institutions of Higher Education

Institutions of higher education have a strong interest in ensuring that students have uncompromised access to the support they need, without fear that the information they share will be disclosed inappropriately. Providing on-campus access to medical services, including mental health services, can help promote a safe and healthy campus.

Letter to Representative Suzanne Bonamici providing clarification on the applicability of the Family Educational Rights and Privacy Act (FERPA)to college and university students’ medical records

Letter to Representative Suzanne Bonamici providing clarification on the applicability of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) to college and university students’ medical records, including therapy and treatment records, held by educational institutions. 

Letter to Senator Ron Wyden providing clarification on the applicability of the Family Educational Rights and Privacy Act (FERPA) to college and university students’ medical records.

Letter to Senator Ron Wyden providing clarification on the applicability of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) to college and university students’ medical records, including therapy and treatment records, held by educational institutions.

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