FERPA, HIPAA, IDEA

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FERPA, HIPAA, IDEA E-Mail
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What constitutes a Student Record?

• Any record, file, document, or other materials
  that contain information directly related to a
  student.
• This does not include records kept in the sole
  possession of the maker that are not revealed to
  anyone other than a temporary substitute.

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What causes a Student Record to be Confidential?

• Non-directory, personally identifiable
  information classifies a student record as
  confidential.

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Who can have access to a Confidential Student
Record?

• Only those individuals who have a legitimate
  educational interest may have access to a
  confidential record.

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How is a legitimate educational interest
determined?

• The information is necessary to perform
  appropriate tasks that are specified in his or
  her position.
• The information is to be used within the context
  of official agency or school business.
• The information is relevant for making an
  educational decision about the student.
• The information is to be used consistently with
  the purposes for which the data is maintained.

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How do I determine who has a legitimate
educational interest?

• By obtaining written permission from the
  students parent or guardian prior to disclosure
  of the record.

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What about E-Mail?

• E-Mail is a record.
• It is subject to disclosure and must be retained
  per the record retention schedule for five years.
• According to the IDEA, a school district shall
  permit parents to inspect and review any
  education records that are collected, maintained
  or used by the division.

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E-Mail by nature is not confidential or secure

• The E-Mail system is owned by the system, which
  is a public institution.
• E-mail is considered a public document under the
  Freedom of Information Act.
• E-mail may be intercepted either intentionally or
  unintentionally.

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Best Practice

• Schools can avoid having to maintain and disclose
  any record if it was never created that is,
  educators could relay the same information about
  a student in a conversation, without creating the
  document in the first place.

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RememberWhen in doubt, dont write
it!!If you write it, be sure to save it!!