Confidentiality of Information Related to Special Education and Clinical Services,
Travis Hamblin and
Dr. Fulvia Franco, Jordan School District
, Director of Student Services - oversees FERPA for Jordan District
Family Educational Rights and Privacy Act (FERPA) protects the privacy of student educational records; a federal regulation.
Never disclose: SS#, student ID #, race, ethnicity, nationality, gender, GPA, religion.
Educational records defined as: personal information, enrollment records, exams or papers, grades, schedules, anything in the student’s cumulative folder, can include email, text messages, printouts, notes, databases, etc. Educational records are
: medical records, law enforcement records, sole possession notes,
“Authorization for Release of Health Information” form. Jordan SD’s is HIPAA and FERPA compliant per Utah State Board of Education. Usually a parent or legal guardian requests and must fill out; “split families” create a challenge.
FERPA allows more flexibility than HIPAA, allowing counselors to confidentially share information only with the individual (the exceptions, suicide and abuse require disclosure).
Only the student’s teachers have a right to know about that student.
People don’t have a “right” to a copy of their record, they can “access their records” from the school in a private room. Will make a copy if a parent asks.
PhD, Guidance Department
Program Specialist, Child Psychologist
for Jordan SD
The school gets records from the medical side all the time. Must have a HIPAA-compliant release. State Board of Ed has developed a form that complies to HIPAA and FERPA. The copy provided to us is the Jordan District’s version.
Only good for 6 months.
Don’t know what other school districts do.
The following are responses to questions provided ahead of time to Dr. Franco.
- When is it okay to share care plans (asthma action plans, seizure plans, school health plans – things developed on either “side” of the child’s care (school vs. medical setting)? If a child has a medical condition, the school nurse can do a health care plan. The parents have to sign a release for that plan, for two-way communication with the school nurse and the primary care office, and parents. Teachers get a copy of the health care plan.
- How can school personnel provide test results from a Special Education evaluation and IEP to healthcare providers? With parental consent, Jordan SD provides access. A copy may be purchased. Eval questions are copyrighted, so a complete copy of the test protocol cannot be shared.
- How can teachers give information about behavior and developmental concerns that would affect the diagnosis or ongoing treatment of a child? School needs a HIPAA release, nurse can talk to teachers, teachers to nurse. Teachers and admin (on a need to know basis) can discuss with the school nurse at any time.
- How can teachers complete Vanderbilt forms to evaluate and monitor ADHD symptoms and share those confidentially? Is there an on-line way to do this that people are using? Vanderbilt (ADHD), BASC-3 scales (behavior approach / behavior avoidance or inhibition), Conners-3 (ADHD for acting out, difficulty with peer relationships) used for evaluation by teachers, with a release. Jordan SD uses MoveIt, an encrypted email system.
- When is it okay to give a school nurse information about a student’s medications and allergies or diagnoses? Consider this in the event that a parent is not available/ able/ willing to serve as a go-between. The primary care office (if they have a signed release) can provide any/all information, and they should. School side has to have the FERPA-HIPAA; school cannot share unless there’s a release for two-way communication. Betty Sue Hinkson, nurse consultant at the Utah State Board of Education, said that parents should not be asked to be the go-between between health care providers and the school. School nurse should be able to communicate directly with the medical providers.
The Jordan School District has contracted insulin nurses in addition to a school nurse who is responsible to a number of schools, and responds to need.
504 Plans are also utilized more often now, to equalize the playing field: allergies, transportation, exemption for a required class, etc. 504 accommodations can follow a student to higher education via the college’s Student Disability Center. Keep your own documentation in case the secondary school’s 504 record is unavailable.
“Documentation of Medical History” form is for the following conditions: autism (no diagnosis required), MD, OHI, OI, TBI. District is required by State Special Education to ask; parent may decline to sign.
Gwen Anderson with Integrated Services Program in Price, question/comment: When collecting IEP request from a charter school, a psych report was attached, which made her uncomfortable. Jordan SD has an “Other (please specify)” section on that form.
This allows a health care provider to specify additional information that they need. Information that has not been asked for should not be provided without parental consent.
Here are the
provided by the presenters; all are Jordan School District-specific.