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"They’re instead covered by the Family Educational Rights and Privacy Act, the federal student privacy law known as FERPA. The law prohibits student records fro
by neom 4y ago
"They’re instead covered by the Family Educational Rights and Privacy Act, the federal student privacy law known as FERPA. The law prohibits student records from being released publicly but, unlike HIPAA, does not require schools to disclose when such breaches occur."
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"The federal privacy rules that apply to hospitals and schools “live in separate universes. If it’s maintained by the school, it’s FERPA. If it’s maintained by your doctor, the same information is HIPAA protected.” "
Sounds like one thing that should be fixed sooner rather than later is brining FERPA up to HIPAA level. Seems like something folks could realistically rally their lawmakers around?
- alistairSH 4y agoYeah. The question is do we change FERPA (add notification requirements and penalties) OR do we remove the exemption that places education-related medical records under FERPA (and let that info fall under HIPAA, where it should have been all along)? I think the latter makes sense - the school is acting as a medical provider, so HIPAA should apply. No get-out-of-jail card because they’re a school. Of course, the problem with any meaningful penalties is what does that really accomplish? Crippling a school district (by yanking funding) doesn’t help anybody in the long run - it just makes education in that area worse.