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    scannercat13's Avatar
    scannercat13 Posts: 2, Reputation: 1
    New Member
     
    #1

    May 14, 2009, 05:18 PM
    Hippa violation?
    Hello, I want to know if it is a Hippa violation for a teacher to discuss the failure of another student in his class with all the students in the class. And all the other classes as well that he teaches? He told everyone that my daughter has fail. I do not think that this is anyone's business but hers and her mothers.
    Krazi's Avatar
    Krazi Posts: 358, Reputation: 70
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    #2

    May 14, 2009, 05:30 PM

    Hippa is set for medical...
    Hospital, etc.. etc...

    I'm sure there is a law preventing him to spead such info, still researching an answer.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    May 14, 2009, 05:38 PM

    Where did you get the idea that HIPAA was remotely applicable? HIPAA refers to medical practitioners giving out information about patients without permission.

    This is something you need to discuss with the school principal. It probably is not illegal, but may violate school rules.
    Krazi's Avatar
    Krazi Posts: 358, Reputation: 70
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    #4

    May 14, 2009, 05:39 PM

    Family Educational Rights and Privacy Act (FERPA)


    Family Educational Rights and Privacy Act (FERPA)


    Family Policy Compliance Office (FPCO) Home

    The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

    FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."


    Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

    Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.

    Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

    School officials with legitimate educational interest;

    Other schools to which a student is transferring;

    Specified officials for audit or evaluation purposes;

    Appropriate parties in connection with financial aid to a student;

    Organizations conducting certain studies for or on behalf of the school;

    Accrediting organizations;

    To comply with a judicial order or lawfully issued subpoena;

    Appropriate officials in cases of health and safety emergencies; and

    State and local authorities, within a juvenile justice system, pursuant to specific State law.

    Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

    For additional information or technical assistance, you may call (202) 260-3887 (voice). Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339.

    Or you may contact us at the following address:

    Family Policy Compliance Office
    U.S. Department of Education
    400 Maryland Avenue, SW
    Washington, D.C. 20202-5920

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