Confidentiality of Student Health Records

School Board Policy 5100.1, Student Records: Confidentiality and Family Educational Rights, defines that student records are official and confidential documents protected by Florida Statute 1002.22 and the Family Educational Rights and Privacy Act (FERPA) and include records that schools or education agencies maintain about students, with some exceptions (see School Board Policy 51001.). Health records created and/or maintained by school district staff are considered student records.

School Board Policy 4019, Protected Health Information, defines that certain health information obtained in its operations or sponsorship of various health and welfare programs is confidential and must be protected in accordance with the Health Insurance Portability and Accountability Act (HIPAA).

All student medical and health related records are protected by Florida Statute, FERPA or HIPAA, depending on who the health care provider is, who created the records, and the age of the student. Medical records of a student received from health care providers who are not acting on behalf of the School District are protected by HIPAA.

Under FERPA, school officials may access a student’s records if they have a “legitimate educational interest,” defined as a “need to know” in order to perform the tasks of their position. For most other disclosures, the written consent of the parent or eligible student is required. (For additional exceptions, see School Board Policy 5100.1.)

You may access a copy of the Authorization for Release and/or Request for Information form at http://web/forms/pdfs/releaseofinfo.pdf. You may view School Board Policy 5100.1, Student Records: Confidentiality and Family Educational Rights at www.broward.k12.fl.us/sbbcpolicies. Additional information and forms, including the District’s HIPAA and FERPA notices, may be found on the School Board of Broward County web site at http://www.browardschools.com/schoolboard/privacy.htm.

 

Student Records: Confidentiality and Family Educational Rights