Federal Law and Student Privacy and Federal Law and Health Care Privacy New Business Manager Training NMASBO

Student Privacy Family Educational Rights and Privacy Act 34 CFR 99.3 Also know as FERPA This Federal law protects the privacy interests of students and affords parents the right to have access to and amend student records

Common Student Interactions in Business Insurance, Legal and Health Claims IDEA (Individuals with Disabilities in Education Act) issues Individual Education Plans (IEP) Parent Issues Transportation Services Food Services ADA and Accessibility

Business Staff may be Involved Purchasing Accounts Payable Treasury Maintenance Transportation Food Service

Who is Covered Public School Students under the age of 18 Parents: natural or adoptive Legal Guardian Individual acting as a parent Eligible Students (over the age of 18)

What is a Student Record Definition: All records, files, documents and other materials containing information directly related to the student; Maintained by an agency, institution, or person acting for such agency; Not limited to handwriting, videotape, audiotape, computer and electronic files, film, print, microfilm or microfiche

Records Privacy Records may be accessed by employees only when performing OFFICIAL DUTIES and who have a LEGITIMATE EDUCATIONAL INTEREST Records may only be released, without parental consent for legitimate educational interest Employees are legally and ethically obligated to safeguard the confidentially of student records that may be encountered while performing ones job duties

Surveillance Cameras Must not infringe on student privacy rights Generally classrooms, hallways and common areas are okay Buses okay Should have a Camera/Surveillance Policy Saved media with specific student information are student records Media used for discipline is a student Record

Internet Postings Internet postings must comply with FERPA and officials must consider safety concerns and exercise caution when displaying information such as identifiable pictures

FERPA Recommendations Be sensitive, do not gossip about student issues Discuss student issues with only those who do have a legitimate educational need Do not allow staff to gossip about student information; train staff about FERPA Do not give access to student records to those without a legitimate education need Do not allow the press (or anyone else) to film, take pictures or interview students without parental permission

FERPA Recommendations Keep your records such a media from the bus cameras secure from general viewing Discuss issues with the Superintendent when you have questions (Superintendents are generally better trained in student issues than business managers) Develop a Student Privacy Policy and Procedures

Health Privacy Issues Health Insurance Portability and Accountability Act Also known as HIPAA 45 CFR This law sets standards for the sharing of health care information

Business Office Issues Health insurance applications Health insurance claims Records related to health care related leave FMLA (Family and Medical Leave Act) records Workers Compensation health records

Student Health Care Generally – Student health care information is a student record (Parental permission for release) Examples: IDEA health records Immunization Records Nurse Records

Staff Health Records HIPAA Requirements The highest degree of confidentially when accessing, discussing (either written, verbal or electronically) a persons protected health information. Healthcare organizations must adopt processes and procedures that will ensure the safety and protection of health care information.

Are Schools Health Care Organizations? YES The law defines a group health plan as an employee welfare benefit plan to the extent that the plan provides medical care to employees or their dependents directly or through insurance, reimbursement or otherwise. In addition, NMPSIA is required to be HIPAA compliant therefore the schools districts that are under NMPSIA must also comply with the HIPAA laws

Recommendations Make sure Business Office health care related records are secure and have restricted access Make sure staff is aware of health care information restrictions Do not gossip about employee health care issues Discuss information with only those who have a legal and legitimate interest

Recommendations Develop HIPAA policy and Procedures Contact NMPSIA with privacy questions Questions?