InfoBrief developed by the CoE-PHI highlighting student privacy protections and interplay between FERPA, 42 CFR Part 2, and HIPAA related to students' mental health or SUD treatment.
FERPA
Family Educational Rights and Privacy Act
Searchable FAQ guidance issued by the Department of Education regarding student privacy that has been tagged for easy browsing by topic or audience.
DOE Dear Colleague letter providing guidance on the privacy of student medical records at institutions of higher education.
Guidance regarding the applicability of FERPA and HIPAA to student health records.
FAQ guidance regarding weather HIPAA prevents professionals working in schools from sharing concerns about a student’s mental health with the parents or law enforcement.
Guidance issued by OCR regarding when HIPAA permits health care providers to disclose PHI of patients receiving treatment for MH conditions. Also provides information regarding protections afforded to psychotherapy notes, a parent’s rights to access information of a minor child, applicability of Federal alcohol and drug confidentiality regulations and state laws, and the intersection of HIPAA and FERPA in school settings.