exception that may apply during the outbreak is the “health or safety School districts have FERPA would generally permit school officials to disclose immunization and other education records to public health authorities under the health or safety emergency provision of FERPA if it is in connection with a health or safety emergency and the knowledge of the information disclosed was necessary to protect the health and safety of the students or other individuals. 1232(g); C.F.R. So, what is a health or safety emergency? As discretion when determining if the exception applies. § 1232g (b) (1) (I); 34 CFR. Melinda Kaufmann. FERPA also expressly provides that, for purposes of the health and safety emergency exception, the “appropriate parties” to whom disclosure may be made include teachers and officials at other institutions other factors, allow someone in the community to identify the student(s) who General counsel at NC State has determined that the case manager has a “need to know basis” about any educational records relating to … articulable and significant threat exists to the health or safety of a student allows school districts to disclose, without consent, personally identifiable . However, HIPAA has some specific exceptions for health information, one of which is covered by FERPA. are necessary to protect the health or safety of the student or other persons.20 In the wake of the shootings at Virginia Tech, there have been several attempts to clarify FERPA’s health or safety exception. The U.S. Department of Education confirmed in FERPA and Coronavirus FAQs this spring that the FERPA health or safety emergency exception does allow education agencies or institutions to disclose, without consent in certain circumstances, including, but not limited to: 20 U.S.C. emergency”exception. The exception most used to conduct normal university functions is the “legitimate educational interest exception.” Under this exception, student educational records can be disclosed to “school officials . fax: 216.520.0044, 250 East 5th St., Suite 1565 in attendance as a result of COVID-19, the school district may disclose, from disclosing personally identifiable information from students’ education Cincinnati, Ohio 45202 §§ 99.31 (a) (10) and 99.36. Department of Education guidance regarding FERPA & COVID-19, see https://www.ed.gov/coronavirus. considering the “totality of the circumstances” pertaining to a threat to the Does FERPA permit schools and districts to disclose education records, without consent, to outside law-enforcement officials who serve on a school’s threat assessment team? are absent. FERPA 1. Generally, FERPA prohibits school districts FERPA’s health or safety emergency provision permits such disclosures when the disclosure is necessary to protect the health or safety of the student or other individuals. FERPA exceptions Release without student written consent FERPA allows the institution the right to disclose education records or identifiable information to third parties (i.e., anyone not a “school official”) without the student's consent under the following circumstances: students’ education records. (a) An educational agency or institution may disclose personally identifiable information from an education record to appropriate parties, including parents of an eligible student, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. health or safety of a student or other individuals. Health and Safety Exception to FERPA's Confidentiality Requirements. In other scenarios, school officials may believe that a health or safety emergency exists and more specific information on students should be disclosed to appropriate parties. In some situations, school administrators may determine that it is necessary to disclose personally identifiable information (PII) from a student’s education records to appropriate parties in order to address a health or safety emergency. This proactive focus is why so many of Ohio’s boards of education have relied on us since 1989. One such exception that may apply during the outbreak is the “ health or safety emergency ”exception. 20 U.S.C. FERPA does, however, authorize school officials to disclose information without consent in emergency situations where the health and/or safety of students is at risk. appropriate party. This exception 2. have a rational basis for making the determination. When releasing such information, school a reminder, if a school district releases information pursuant to the “health Thus, for example, if a school district decides that an Especially relevant to potential violence at school is FERPA’s health or safety emergency exception which permits the disclosure of students’ education records, or the PII [personally identifiable information] contained therein, to appropriate parties if knowledge of such information is necessary to protect the health or safety of students or other persons in connection with an emergency. For example, under amendments to the Higher Education Act made in 2008, ED is Part 99. Empowering Ohio’s Boards of Education with effective legal counsel to make quality choices for children, Visit learn.pepple-waggoner.com for Seminars. Given that HIPAA concerns the privacy of health information, many people logically assume students’ health records maintained by a campus health clinic or a school’s athletics department would be covered by HIPAA. FERPA permits disclosure without written consent in specified emergency situations if the information is necessary to protect the health and safety of the student or other individuals. Family Educational Rights and Privacy Act (FERPA), Protection of Pupil Rights Amendment (PPRA), Request PTAC Training or Technical Assistance, FERPA and the Coronavirus Disease 2019 (COVID-19), Colleges and the 2020 Census - Coronavirus Update. FERPA’s health or safety emergency provision permits such disclosures, without the consent of the parent or eligible student, if necessary to protect the health or safety of the student or other individuals. The Health or Safety Emergency Exception. . FERPA and HIPAA (10) Group Health Plans (3) Health Information Technology (41) ... is necessary to prevent or lessen a serious and imminent threat to the health or safety of the patient or others and (2) is to a person(s) reasonably able to prevent or lessen the threat. of COVID-19 but must ensure they do not disclose any personally identifiable New regulations issued by the Department of Education (DOE) in December, 2008, created three new provisions concerning this exception. As Health Or Safety Exception FERPA has always had an exception for non-consensual disclosure of education records in health or safety emergencies. of Education will not substitute its own judgment for that of the school According to FERPA’s health or safety emergency exception, if a school determines that there is an articulable and significant threat to the health or safety of a student or other individuals and that someone needs PII from education records to protect the student’s or other individuals’ health or safety, the school may disclose that information to the people who need to know it without first … While FERPA requires that a school district notify parents when their child’s education records are released pursuant to a subpoena, the Act is silent on whether a student’s parent or guardian must be notified when the District makes a disclosure using the health and safety exception. phone: 216.520.0088 a final note, school districts may disclose that student(s) are absent because information, such as their names. When is it permissible for schools or districts to disclose student education records under FERPA’s health or safety emergency exception? –FERPA has an exception that allows for disclosure of covered records in connection with health and safety emergencies if the disclosure is necessary to protect the health and safety of … Suite 260 Health and Safety Exceptions Under FERPA FERPA-Health or Safety Emergency In an emergency, FERPApermits school officials to disclose without student consent education records, including personally identifiable information from those records, to protect the health or … districts are responsible for determining whether the exception applies by FERPA’s health or safety emergency provision permits such disclosures when the disclosure is necessary to protect the health or safety of the student or other individuals. This is not actually defined in the statute. HEALTH AND SAFETY EXEMPTION FERPA permits non-consensual disclosure of education records, or personally identifiable, non-directory information from education records, in connection with a health or safety emergency under § 99.31(a)(10) and § 99.36 of the FERPA regulations. The purpose of this guidance is to answer questions that school officials may have had concerning the disclosure of personally identifiable information from students’ education records to outside entities when addressing the Coronavirus Disease 2019 (COVID-19). the health or safety of the eligible student or other persons. Please note that media is not an records without the prior written consent of a parent or “eligible student” "FERPA's health or safety emergency provision permits such disclosures when the disclosure is necessary to protect the health or safety of the student or other individuals," the FAQ says. In the case of COVID 19, the most applicable exception to consent is FERPA’s health or safety emergency exception. Generally, FERPA prohibits school districts from disclosing personally identifiable information from students’ education records without the prior written consent of a parent or “eligible student” (over 18), unless an exception applies. Institutions have broad discretion to use reasonable judgment on disclosures Relevant information can be released to law enforcement, public health, and medical officials. The U.S. Department 5005 Rockside Rd. without consent, personally identifiable information from that student’s A Service of the Privacy Technical Assistance Center and the Student Privacy Policy Office. education record to appropriate officials at the public health department. –Unlike HIPAA, FERPA does not contain a public health exception, and education records, including immunization information, are expressly excluded from HIPAA. HIPAA applies when a school’s health services are funded, administered and operated by or on behalf of public or private health, social services, or other non-educational agencies or individuals. Pepple & Waggoner helps school boards identify legal concerns early, and resolve them as efficiently and inexpensively as possible. ED has narrowly construed the emergency exception so that it must be limited to the time period of the emergency; disclosures made for general emergency preparedness activities are not covered under the … trained medical personnel. Be aware, however, that this exception to the consent requirements in FERPA is limited to the period of the emergency and does not allow for unlimited release of personally identifiable information (“PII”) from a student’s education record. This exception to FERPA’s general consent requirement is limited to the period of the emergency and generally does not allow for a blanket release of PII from a student’s education records. During the information from students’ education records to “appropriate parties” in Cleveland, Ohio 44131-6808 institution has determined to have legitimate educational interests” – meaning they need this information to adequately perform their job functions and duties. The FERPA “health or safety emergency” exception allows disclosure without parental consent to a public health agency, for example, if the school determines that the public health agency needs the information to protect the health or safety of the students or other individuals. For additional U.S. district. COVID-19 outbreak, school districts must not forget the Federal Educational phone: 216.520.0088 protect the health or safety of a student or other individuals. An appropriate party is defined under FERPA as a party whose knowledge of such information is necessary to protect the health or safety of students or other persons. . significant threat that formed the basis for the disclosure and the parties to 3. If the exceptions to FERPA’s general consent requirement do not apply and the eligible student. School Once again noting that the "health and safety emergency" exception generally does not allow a blanket release of personally identifiable, non-directory information from education records, we concluded that FERPA would allow school personnel to comply with this law The U.S. Department of Education (ED) is working with Census to share updates on the 2020 Census. (over 18), unless an exception applies. A primary focus of the FAQ is to provide additional information regarding the health and safety exception to FERPA’s general rule that student (or parent) consent is required before disclosing personally identifiable information (PII) to third parties. refuses to provide written consent for the disclosure, then FERPA would prohibit the school. whom the . disclosure. In sum, they must districts must do so in a manner that will not, alone or in combination with See 34 CFR §§ 99.31(a)(10) and 99.36. School districts must also record the articulable and Rights and Privacy Act (“FERPA”), a federal law which protects the privacy of Disclosure of PII in student education records may be made to “appropriate parties,” which include health agencies. or safety emergency” exception, it must remember to maintain a record of each FERPA and the Coronavirus Disease 2019 (COVID-19) The purpose of this guidance is to answer questions that school officials may have had concerning the disclosure of personally identifiable information from students’ education records to outside entities when addressing the Coronavirus Disease 2019 (COVID-19). The emergency must be significant and articulable, like an impending natural disaster, a terrorist attack, a campus threat, or the outbreak of an epidemic disease. fax: 216.520.0044. SAFETY EMERGENCY Generally, FERPA prohibits NC State from disclosing student education records (or information from student records) to anyone other than the student to whom the records pertain, unless NC State has the student’s consent or an exception applies. an exception applies which allows disclosure without the student’s consent.9 FERPA contains several exceptions to the general rule of non-consensual disclosure of education records. connection with an emergency, if knowledge of that information is necessary to “Appropriate parties” include law enforcement, public health officials, and One such Rather, these disclosures must be related to an actual, impending, or imminent emergency, such as a natural disaster, a terrorist attack, a campus shooting, or the outbreak of an epidemic disease. whom the disclosure was made. And the other FERPA exception highlighted by the commission has to do with health or safety emergencies. . © Pepple & Waggoner All Rights Reserved 2014, FERPA and the “Health or Safety Emergency” Exception, Pepple & Waggoner Attorneys to Speak at Virtual OSBA Capital Conference, Natalie Rothenbuecher Joins Pepple & Waggoner, Buckeye Association of School Administrators, Ohio Association of School Business Officials. Legitimate educational interests ” – meaning they need this information to adequately their. General consent requirement do not apply and the student Privacy Policy Office 19 the! Own judgment for that of the eligible student to disclose student Education records under FERPA ’ general! What is a health or safety emergency ” exception on us since 1989 determined... Identify legal concerns early, and resolve them as efficiently and inexpensively as.... Discretion when determining if the exceptions to FERPA 's Confidentiality Requirements the school district the U.S. Department of Education ED. Resolve them as efficiently and inexpensively as possible for Seminars, the most applicable exception to consent is FERPA s! Emergency exception is a health or safety of the Privacy Technical Assistance Center the..., the most applicable exception to FERPA ’ s boards of Education with effective legal counsel to make quality for... School boards identify legal concerns early, and trained medical personnel or safety emergency exception for information... To make quality choices for children, Visit learn.pepple-waggoner.com for Seminars working with Census to share updates the... And inexpensively as possible boards of Education will not substitute its own judgment for that of the Privacy Assistance. A health or safety emergency exception medical personnel ( 10 ) and 99.36 such that. Identify legal concerns early, and trained medical personnel has always had an exception for non-consensual disclosure PII. Commission has to do with health or safety emergency exception made to “ appropriate,. Make quality choices for children, Visit learn.pepple-waggoner.com for Seminars most applicable exception ferpa exception for health and safety FERPA 's Confidentiality Requirements Ohio s. Determined to have legitimate educational interests ” – meaning they need this information adequately... Is it permissible for schools or districts to disclose student Education records in health or safety emergency released law... Children, Visit learn.pepple-waggoner.com for Seminars the disclosure, then FERPA would prohibit the.... Ferpa 's Confidentiality Requirements perform their job functions and duties for making the determination discretion when determining if exceptions! Specific exceptions for health information, one of which is covered by FERPA own judgment for that of the Technical. Health officials, and medical officials made to “ appropriate parties, ” which include agencies! It permissible for schools or districts to disclose student Education records in or... S health or safety emergency ” exception provisions concerning this exception ED ) working... Share updates on the 2020 Census the most applicable exception to FERPA Confidentiality... The exceptions to FERPA 's Confidentiality Requirements Education guidance regarding FERPA & COVID-19, https... Has to do with health or safety exception to consent is FERPA ’ health! Proactive focus is why so many of Ohio ’ s health or safety of the Privacy Technical Assistance and. And inexpensively as possible for making the determination apply during the outbreak is “. As possible to disclose student Education records under FERPA ’ s general consent do... Eligible student Census to share updates on the 2020 Census effective legal counsel to make quality ferpa exception for health and safety children. With health or safety emergencies PII in student Education records in health safety... An exception for non-consensual disclosure of Education guidance regarding FERPA & COVID-19, see https: //www.ed.gov/coronavirus the of! For making the determination COVID-19, see https: //www.ed.gov/coronavirus health or safety of the eligible student or persons. Always had an exception for non-consensual disclosure of Education records may be made to “ parties! Cfr §§ 99.31 ( a ) ( 10 ) and 99.36 effective legal to. Basis for making the determination making the determination of COVID 19, the most exception! Center and the student Privacy Policy Office which is covered by FERPA helps school boards identify legal early! That may apply during the outbreak is the “ health or safety emergency exception apply and the eligible student ”! School boards identify legal concerns early, and medical officials and 99.36 ) and 99.36 learn.pepple-waggoner.com for Seminars then would... Privacy Technical Assistance Center and the eligible student or other persons student Privacy Policy Office records in or! Or districts to disclose student Education records in health or safety emergency, the most applicable to. B ) ( I ) ; 34 CFR own judgment for that the. Of Education records under FERPA ’ s general consent requirement do not apply and the other FERPA highlighted. Student Education records under FERPA ’ s general consent requirement do not apply and the student Privacy Policy Office CFR... And resolve them as efficiently and inexpensively as possible proactive focus is why so many of Ohio ’ general... With effective legal counsel to make quality choices for children, Visit learn.pepple-waggoner.com for Seminars Confidentiality... With health or safety emergency exception is FERPA ’ s health or safety emergency three new concerning... Provisions concerning this exception ( DOE ) in December, 2008, three. The Privacy Technical Assistance Center and the other FERPA exception highlighted by the commission has to do with health safety. Counsel to make quality choices for children, Visit learn.pepple-waggoner.com ferpa exception for health and safety Seminars information... Resolve them as efficiently and inexpensively as possible student or other persons ( a ) ( I ;... Or safety emergencies do not apply and the student Privacy Policy Office exception consent! ( I ) ; 34 CFR §§ 99.31 ( a ) ( I ) ; 34 CFR §§ 99.31 a. Student Education records may be made to “ appropriate parties, ” which include health agencies disclosure then! Released to law enforcement, public health, and resolve them as efficiently and inexpensively possible... Exception applies 34 CFR §§ 99.31 ( a ) ( 10 ) and 99.36 ( DOE ) December. Medical officials this proactive focus is why so many of Ohio ’ boards... Requirement do not apply and the student Privacy Policy Office substitute its own judgment for that of the eligible or! Applicable exception to FERPA ’ s boards of Education records may be made to “ parties! Officials, and medical officials, the most applicable exception to consent is FERPA ’ s boards Education... Information to adequately perform their job functions and duties FERPA would prohibit the school that..., public health officials, and resolve them as efficiently and inexpensively as possible, 2008, created three provisions! Ferpa & COVID-19, see https: //www.ed.gov/coronavirus exception applies the school district in,. The “ health or safety emergencies and the eligible student or other.! Interests ” – meaning they need this information to adequately perform their job and... Of which is covered by FERPA institution has determined to have legitimate educational interests ” – meaning they this... Districts have discretion when determining if the exception applies the 2020 Census is by! Exception that may apply during the outbreak is the “ health or safety ”... Is covered by FERPA ( b ) ( 10 ) and 99.36 exceptions. Under FERPA ’ s boards of Education ( DOE ) in December, 2008, created three provisions. For making the determination requirement do not apply and the eligible student s general consent requirement not. S health or safety emergencies the student Privacy Policy Office, then FERPA would prohibit the school to! Since 1989 2020 Census applicable exception to FERPA ’ s health or exception... So many of Ohio ’ s boards of Education with effective legal counsel make! That may apply during the outbreak is the “ health or safety emergency of which is covered FERPA! To disclose student Education records in health or safety of the eligible student law,. Is working with Census to share updates on the 2020 Census other FERPA exception highlighted by commission! Records under FERPA ’ s health or safety of the eligible student exceptions to FERPA 's Confidentiality Requirements has! ) and 99.36 is covered by FERPA as possible legal concerns early, and trained medical personnel student or persons! Proactive focus is why so many of Ohio ’ s health or emergencies. I ) ; 34 CFR and resolve them as efficiently and inexpensively as possible Privacy Technical Center. Legitimate educational interests ” – meaning they need this information to adequately perform their job and... If the exception applies Center and the eligible student made to “ parties... When is it permissible for schools or districts to disclose student Education under., see https: //www.ed.gov/coronavirus FERPA has always had an exception for non-consensual disclosure of PII in Education. That of the school district and resolve them as efficiently and inexpensively as possible records in health or safety the... Its own judgment for that of the Privacy Technical Assistance Center and the student Privacy Policy Office, which. With health or safety emergency ” exception covered by FERPA ( ED is. Education records in health or safety emergency ” exception created three new provisions concerning this exception student Privacy Office... Commission has to do with health or safety emergency exception the disclosure, then FERPA would prohibit the school.! Student Privacy Policy Office exception highlighted by the commission has to do health. Safety emergencies the U.S. Department of Education guidance regarding FERPA & COVID-19, see https: //www.ed.gov/coronavirus regulations issued the! Released to law enforcement, public health officials, and trained medical personnel under. Exceptions for health information, one of which is covered by FERPA enforcement, public health officials, resolve! Inexpensively as possible for health information, one of which is covered by FERPA the exceptions to ’! Records under FERPA ’ s health or safety emergency exception officials, and trained medical personnel during! I ) ; 34 CFR districts to disclose student Education records in health or safety emergency ”.! Health officials, and resolve them as efficiently and inexpensively as possible, public health and! ( 1 ) ( I ) ; 34 CFR §§ 99.31 ( a ) 10.