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Student Health-Related Records: 04 AAC 07.060 (2002) requires all district policies and practices regarding a student's cumulative record, which includes health records, to conform to current and appropriate state and federal laws and regulations.
Student Health-Related Services: No state policy.
Student Health-Related Records: The Curriculum to Teach Unlicensed School Personnel How to Assist with Medications in the School Setting (2003) requires health records of students to be kept confidential and separate from the school records.
Student Health-Related Services: No state policy.
Student Health-Related Records: While Arkansas does not have a policy that addresses confidentiality of school health records, Code 6-18-703 provides guidelines for school-based health clinics, and states all school-based clinics shall maintain accurate records of the distributing and prescribing of contraceptives and condoms." In addition, the clinics must report the number of pregnancies and sexually transmitted diseases among students in the schools with school-based clinics shall be transmitted annually to the school board of directors."
Student Health-Related Services: The state does not have a policy that specifically ensures confidentiality of school counseling and mental health services. However, Code 6-18-1005(2)(F) does require psychological services to include written policies that assure ethical procedures in psychological activities.
Student Health-Related Records: ARS 36-509 (2002) regulates the amount of health information of a person between the ages of three and twenty-two years of age to be provided only when educational services are necessary to comply with the Individuals with Disabilities Education Act. Confidentiality is also required by ARS 36-664 (2002) for information regarding communicable diseases, with exceptions outlined in the statute.
Student Health-Related Services: No state policy.
Access to pupil records, including health records, is governed by Education Code 49075 (1976/2001) and 49076 (1976/2003), the California Civil Code 56.10 (no date available), as well as California Code of Regulations Title 5, Division 1, Chapter 2, Subchapter 2, Article 3, 435 (no date available) and Title 17, Division 1, Chapter 4, Subchapter 13, Article 7, 6874 (no date available).
Student Health-Related Services: Education Code 46010.1 (1986) requires each local district to notify pupils in grades 7-12 and the parents/guardians of all pupils enrolled in the district that pupils may be excused for confidential medical services by school authorities without the consent of the pupil's parent/guardian. Education Code 49091.12(b) (1998) also gives a pupil the right or ability to obtain confidential medical care or counseling related to the diagrams or texts of a drug- or alcohol-related problem, or mental health textbooks or counseling on an outpatient basis, without the consent of the pupils' parent/guardian.
Education Code 72621 (1987) and 49602 (1987) require that any information discussed by a student 12 years or older during counseling is confidential. Likewise, any information discussed by a parent/guardian of a student who is 12 years or older during counseling is also confidential.
In accordance with United States Code Title 20, Chapter 33, Subchapter 3, 1417, Education Code 56505(e)(5)(2007) requires the confidentiality of personally identifiable information about students with exceptional needs.
Student Health-Related Records: No state policy.
Student Health-Related Services: No state policy.
Student Health-Related Records: No state policy.
Student Health-Related Services: There is no specific state policy concerning confidentiality of health services. However, Statute Chapter 166 Sec. 10-154a (2004) states that professional school employees are not required to disclose any information acquired through a professional communication with a student when such information concerns alcohol or drug abuse or related problems.
Student Health-Related Records: Administrative Code 14:811 (2003) requires a school health record to be prepared, documented, and kept confidential by a school nurse for each public school student. The Code allows information on emergency treatment cards to be shared only on a need to know basis.
Student Health-Related Services: Administrative Code 14:251 (2005) formally adopts federal FERPA regulations and any future amendments. Each school district, charter school, and private school is required to adopt and maintain a written policy regarding the confidentiality of all educational records of its students.
Florida Statute 381.0056 requires health records of individual students to be kept private in accordance with Statute 1002.22(2)(d) (2004) which guarantees every student the right to privacy for all personally identifiable records or reports or information of a student. A state or local educational agency, board, or public school may not permit the release of such records or information without the consent of the student's parent or the student him or herself. The Statute does, however, list persons or organizations to which such records may be released.
Student Health-Related Records: State Board of Education Rule 160-4-7-.12 (2000) requires each school system to provide information to the parent or guardian of the student regarding the confidentiality of personally identifiable information" relating to students with disabilities and the rights and responsibilities under the federal Family Education Rights and Privacy Act (FERPA). The School Health Nurse Resource Manual (2001) and chapter 1 of the Georgia School Health Resource Manual (2004) [no link available] state that FERPA applies to all student records, including medication records.
Student Health-Related Services:
Student Health-Related Records: State Board of Education Policy 4610 (2004) addresses Student Information and Confidential Records. Health Rule 11-146-3 requires school health aides to maintain a confidential school record of each student. Education Rule 8-6-6 (1983) prohibits the department from disclosing or authorizing disclosure of personal records to any person other than employee, student, parent, or library patron to whom the record pertains except for reasons listed in the Rule.
Student Health-Related Services: State Board of Education Policy 4610 (2004) states, "Information relating to individual students or former students in the public schools shall not be divulged or released by Department of Education (Department) personnel, except as authorized by the individual student, parent, or guardian, permitted by the Department, or specified by law". Although the statute does not specifically mention student services, HRS 453D-13 (2005) does not require a mental health counselor from disclosing any information that may have been acquired during mental health counseling services.
Student Health-Related Records: 281 IAC 12.3(4) school accredidation standards require schools to establish and maintain a system of student records including confidentiality that complies with the provisions of the Federal FERPA law. The cumulative record provides a continuous and current record of significant information on progress and growth including physical and health record. 281 IAC 41.123 requires each agency providing special education and related services to establish policies and procedures regarding confidentiality of personally identifiable information. 281 IAC 41.404 requires policy and procedures. 281 IAC 41.610.62 specifies confidential protections and 41.1002(4) confidentiality of preappeal discussions.
Student Health-Related Services: Code 22.7 states that all medical records and personal information in records regarding a student, prospective student, or former student maintained, created, collected or assembled by or for a school corporation or educational institution maintaining such records are confidential. 281 IAC 12.3(4) requires school boards to adopt student confidentiality policies for school records, including physical and health, in accordance with federal FERPA regulations.
Code 228.2 states that mental health professionals, data collectors, and employees or agents of a mental health professional, facility, or data collector may not disclose or permit the disclosure of mental health information without informed consent. Code 228.2 does allow disclosure if the student's parent, if a minor, gives consent by signing a voluntary written authorization.
Student Health-Related Records: No state policy.
Student Health-Related Services: No state policy.
Student Health-Related Records: 105 ILCS 10/6 (1999) does not permit the disclosure of student records except to individuals stated in the statute.
Student Health-Related Services: No state policy.
Student Health-Related Records: All personally identifiable information, including health information, regarding a student with a disability is confidential under 511 IAC 7-23 (2000). Further, 511 IAC 4-1.5-3 (2000) states all records shall be maintained, released, and destroyed following FERPA and Code 5-14-3, the Indiana Public Records Act.
Student Health-Related Services: Code 20-28-10-17 (2005) states that a school counselor is immune from disclosing privileged or confidential communication made to the counselor as a counselor by a student. the matters communicated are privileged and protected against disclosure". Code 25-23.6-6-1 states that matters communicated to a counselor in the counselor's official capacity by a client are privileged information and may not be disclosed by the counselor to any person, except under specific circumstances outlined in the statute.
Student Health-Related Records: Statute 72-6214 (1976) incorporates the requirements of FERPA.
Student Health-Related Services: No state policy.
Student Health-Related Records: KRS 160.705 (1994) deems educational records of students as confidential and may not be disclosed except for circumstances described in KRS 160.720 (1994) which does not permit educational institutions to release records, including health records, or other identifiable information on students to third parties without the consent of the parent or student.
Student Health-Related Services: No state policy.
Student Health-Related Records: Bulletin 741 (2005) specifies that any medical information that pertains to students or staff members shall be confidential information.
Student Health-Related Services: Bulletin 741 (2005), states that any medical information that pertains to students or staff members, proceedings, discussions, and documents shall be confidential information. Similarly, Administrative Code 28:929 (2001) requires all student information to be kept confidential.
Student Health-Related Records: 603 CMR 23.05 (1995) places responsibility on school principals and other designated persons to maintain the privacy and security of all students' records, including students' health records. The state department of education maintains an online summary of regulations pertaining to student records.
Student Health-Related Services: General Law 112.129A (no date available) states that "all communications between a licensed psychologist and the individuals with whom the psychologist engages in the practice of psychology are confidential". Similarly, General Law 112.135A (no date available) states that "all communications between a social worker employed in a state, county, or municipal governmental agency, and a client are confidential."
Student Health-Related Records: State Board of Education Regulation 13A.08.02.28 (1998) requires education and health records to be maintained and State Board of Education Regulation 13A.08.02.04 (1998) requires the confidentiality of the records, allowing access only to serve educational needs.
Student Health-Related Services: The state does not have a policy specifically addressing the confidentiality of school health services. Code 20-102 (2001) does provide guidance for general medical treatment by allowing the attending physician, psychologist, or, on advice or direction of the attending health professional, a member of the medical staff to give a parent, guardian, or custodian of a minor or the spouse of the parent information about the treatment needed by or provided to the minor, except information about an abortion, but are not required to do so.
Student Health-Related Records: No state policy.
Student Health-Related Services: Statute Title 20-A 6001-B (2003) limits the transfer of confidential information when a student transfers to another school. Information such as that which concerns health care and treatment require parental consent for release. Statute Title 20-A 4008 (1989) makes communications between a person and a school counselor or school social worker privileged. Statute Title 20-A 6001-B limits the transfer of confidential information when a student transfers to another school. Information such as that which concerns mental health treatment, alcohol and drug treatment, and HIV infection status requires parental consent for release.
Student Health-Related Records: State Board of Education Administrative Code 340.1163 (1979) requires schools nurses to maintain the confidentiality of information regarding a student's medical evaluations.
Student Health-Related Services: Michigan Public Health Code 333.18117 (1999) makes the confidential relations and communications between a licensed professional counselor and client privileged and not to be disclosed, except as otherwise provided by law or upon consent of the client.
Student Health-Related Records: All government data are governed by the State Data Practices Act. Statute 13.32 (2003) specifies that educational data, including student health data, are private. There are specific provisions for access to and use of the data by other educators, parents, in health and safety emergencies, and by juvenile courts. Statute 144.3351 (1998), for example, allows the commissioner of health to exchange immunization data without the consent of the patient if the person requesting access to the information provides services on behalf of the patient.
Statute 121A.75 (2002) states that any information received from the juvenile justice system (as defined in Statute 260B.171 (2003)) is private data and may not be disseminated by the teacher, counselor, staff member, administrator, substitute, or volunteer, except when necessary to protect students or staff and can only be shared with the student or the student's parent or guardian.
Student Health-Related Services: Statute 144.343 (2004) states that the consent of no other is required to render services to a minor for testing for or treating a pregnancy and conditions associated therewith, venereal disease, and alcohol and other drug abuse.
Registered nurses, psychologists, and social workers may not disclose content of or opinions about issues discussed with clients without specific consent of the client, even in court as described in statute 595.02, Subd 1(f). Any information related to child abuse/neglect is not included in this law regarding privileged communication law.
Student Health-Related Records: The Missouri School Improvement Program (MSIP) (2001) requires districts to have developed and implemented a school health services program which must include board-approved policies on the confidentiality of school health records.
Revised Statute 191.656 (2002) requires all information and records concerning an individuals HIV status or the results of HIV testing shall be kept strictly confidential and shall not be disclosed except to those listed in the Statute.
Student Health-Related Services: No state policy.
Student Health-Related Records: Appendix E of the Mississippi Public School Accountability Standards (2006) requires student records to be collected, maintained, and disseminated in compliance with FERPA and the confidentiality section of IDEA.
Student Health-Related Services: As a reinforcement of FERPA, IX. Confidentiality of the Policies and Procedures regarding Children with Disabilities under IDEA (2003) iterates that the MDE will protect the confidentiality of any personally identifiable data, information, and records collected or maintained related to students with disabilities.
Student Health-Related Records: Appendix D of the Montana School Accreditation Standards & Procedures Manual (2001) states that a student's cumulative record includes the student's health records, and that such records must be handled in compliance with FERPA. Appendix D also requires each school district or educational agency to adopt an education records policy that meets the standards of FERPA.
Student Health-Related Services: No state policy.
Student Health-related Records:Statute 115C-402 (2002) requires that a student's official record be maintained and is not a public record. On a more general level, Statute 115C-401.1 (2001) prohibits the disclosure of personally identifiable information" about students.
Student Health-related Services: Statutes 115C-401 (1981) and 8-53.4 (1983) state information given to a school counselor to enable him to render counseling services is privileged except when waived in open court by the student or when disclosure is compelled by a resident or presiding judge.
Student Health-Related Records: Code 15.1-24-04 (no date available) states that record of a student's medical treatment or other individual record relating to substance abuse is confidential.
Student Health-Related Services: Code 15.1-24-04 states that record of a student's use of a chemical abuse assistance program is confidential.
Student Health-Related Records: No state policy.
Student Health-Related Services:
Student Health-Related Records: No state policy.
Student Health-Related Services: No state policy.
Student Health-Related Records: State Board of Education Administrative Code N.J.A.C. 6A:16-1.4 requires that each local district board of education shall approve written policies and programs on a number of topics including student health records. 42 CFR Part 2, N.J.S.A. 18A:40A-7.1 and 7.2 and State Board of Education Administrative Code N.J.A.C. 6A:16-3.2 establish or cite standards for the protection of student substance abuse information. State Board of Education Administrative Code N.J.A.C. 6A:32 (no date available) places the responsibility of maintaining the security of pupil records with limited access onto the chief school administrator. N.J.A.C. 6A:16-7.10 (2005) establishes rules for the transfer of disciplinary records and identifies all federal and state requirements pertaining to student records and cites all applicable student records and confidentiality requirements.
N.J.S.A. 26:5C-7 establishes standards for confidentiality and disclosure of records with HIV identifying information. State Board of Education Code N.J.A.C. 6A:16-1.4 requires that school districts meet these standards. State Board of Education Administrative Code N.J.A.C. 8:61-2.1 requires that schools meet these standards.
Student Health-Related Services: N.J.S.A. 6A:16-1.5 (2001) requires district board of education employees with knowledge or access to information about students with HIV or AIDS to comply with restrictions for sharing said information as required by Federal and State statutes and regulations. If the student is 12 or older, HIV and/or AIDS information may only be shared with prior written consent of the student, parent, or guardian, and only for the purposes of determining an appropriate educational program for said student.
Student Health-Related Records: No state policy. New Mexico adheres to federal HIPA and FERPA requirements.
Student Health-Related Services: No state policy.
Student Health-Related Records:
Student Health-Related Services: No state policy.
Student Health-Related Records: No state policy.
Student Health-Related Services: No state policy.
Student Health-Related Records: No state policy specific to student health records. Student health records are afforded the same protection as all other student records. ORC 3319.321(a) (1995) prohibits any person from releasing or permitting access to personally identifiable information concerning students attending a public school to any person or group for profit-making use or activity. OAC 3301-52-01 (2005) requires each public school is to assure that all parents' rights are given according to FERPA and ORC 5126.04.4 (2000) including the confidential nature of child records" right.
Student Health-Related Services: No state policy.
Student Health-Related Records: Statute 63-1-502.2 (2004) requires all information and records held by a health professional identifying a person as having or potentially having a communicable or venereal disease to remain confidential, except in circumstances specifically stated in the statute. Statute 51-24A.16 (2003) states public educational institutes may keep confidential individual student records and personal communications concerning individual students.
Student Health-Related Services: Statute 70-6-115 (2003) states it is unlawful for any teacher to reveal any information concerning a student obtained by the teacher in their capacity as a teacher except as may be required in the performance of the contractual duties of the teacher or as otherwise required by law. The information may be provided to the parent or guardian of the student upon request or as otherwise required by law. Any violation of this law is considered a misdemeanor. Statute 51-24A.16 states public educational institutes may keep confidential individual student records and personal communications concerning individual students.
Student Health-Related Records: OAR 581-021-0037 (1999) requires local school districts to include in their policies and procedures discussion about student confidentiality related to the administration of medications. OAR 581-015-0055 (2000) also requires the confidentiality of student education records, defined as any record related to a student and maintained by an educational institution in OAR 581-021-0220 (1995).
Student Health-Related Services: No state policy.
Student Health-Related Records: 24 P.S. 14-1409 (1957) makes all school health records confidential, and their contents available only to licensed physicians when necessary for the student's health or upon consent of the parent or guardian. 022 PA Code 12.33 Exhibits A 2 and 4 (1999) state that class C" information should never be disseminated, which includes personality tests, unevaluated counseling reports, and counseling actions. Further, the personal and professional records of school psychologists, social workers, and counselors should be guarded and remain confidential, subject to the terms of the professional's employment contract.
Student Health-Related Services: No state policy.
Student Health-Related Records: Sections 15.4 and 15.6 of the Rules and Regulations for School Health (2009) requires any school personnel who maintain cumulative school health records containing confidential health care information to ensure that information remains fully confidential or suffer prosecution by the Attorney General's Office.
Student Health-Related Services: Statute 23-6.3-7 (2009) prohibits the disclosure to a third party of an individual's HIV test without the written consent of individual.
Student Health-Related Records: The School Health Program Manual (1997) [no link available] recommends school health records of a student or employee to remain confidential. Code 20-7-690 (no date available) requires all records and information collected concerning child abuse and neglect remain confidential. Violation of this policy is a misdemeanor offense.
School Health-Related Services: Code 19-11-95 (no date available) requires mental health providers, including nurses, counselor, and social workers, to keep confidential all communications except where the law requires or allows for disclosure.
Student Health-Related Records: South Dakota does not have a policy regarding the confidentiality of school health records that goes beyond the federal FERPA requirements. However, the state does recommend that schools use the American School Health Association's Guidelines for Protecting Confidential Student Health Information.
Student Health-Related Services: No state policy.
Student Health-Related Records: Code 10-7-504 (2007) requires all records, including any medical treatment, of students in public educational institutions to be treated as confidential.
The Tennessee State Board of Education, HIV/AIDS Policy for Employees and Students of Tennessee Public Schools 5.300 (2005) outlines confidentiality for employees. HIV/AIDS information will remain strictly confidential. Permissible disclosure will occur pursuant only to signed authorization for release, appropriate court order or a lawfully issued subpoena. For students, HIV/AIDS information will remain strictly confidential. All medical information and written documentation of discussions, telephone conversations, proceedings, and meetings shall be kept by the superintendent in a locked file. If the HIV-infected student is under the age of 18, access to this file will be granted only to those persons with written consent of the infected student’s parent/guardian. Individuals will be informed of a student’s HIV infection on a need to know basis as decided by the evaluation team and with the written consent of the parent/guardian.
Student Health-Related Services: Code 68-34-107 (1971) allows contraceptive supplies and information to be furnished by physicians to any minor who has been referred for such service by a school or with consent of the parent or guardian.
Student Health-Related Records: Education Code 38.009 (1995) gives administrators, nurses, or teachers access to a student's medical record maintained by the school district. Any who view these records must maintain confidentiality. More generally, Education Code 28.058 (1995) requires that all information received by the commissioner concerning an individual student must be kept confidential.
Student Health-Related Services: No state policy.
Student Health-Related Records: No state policy.
Student Health-Related Services: No state policy.
Student Health-Related Records: 8VAC20-620-10 (1996) requires local school boards to have a policy which makes personal/social counseling information and records confidential and separate from a student's educational records. These records are also not to be disclosed to third parties without prior parental consent or unless otherwise provided by law.
Per the Guidelines for Management of Student's Scholastic Records, student health records are protected by FERPA but not by HIPPA.
Student Health-Related Services: No state policy.
Student Health-Related Records: No state policy beyond FERPA.
Student Health-Related Services: Vermont offers a Sample Comprehensive HIV Policy for Schools: Pre-K12 that contains suggestions for medical confidentiality.
Student Health-Related Records:
Student Health-Related Services: No state policy.
Student Health-Related Records: Statute 118.125 (1999) requires all pupil records, including records of administered medications, maintained by public schools to be kept confidential unless written consent from the parent or guardian is given. School boards are required to adopt regulations pursuant to this law. This statute also excludes from the definition of pupil records any records necessary for and available only to persons involved in the psychological treatment of a student.
Statute 146.81 (1999) defines patient health records and requires higher standards for access and storage of student patient healthcare records
Student Health-Related Services: Statute 118.126 (1987) requires pupil services professionals and other school staff designated by the school board as part of the school district's alcohol and other drug program activities to keep confidential a disclosure related to alcohol or other drug use by a student. Exceptions include written waiver of confidentiality by the student or belief on the part of the service professional that the student is in imminent and serious danger as a result of the drug or alcohol use.
Board Policy 2422.7 (2004) requires all school health records to remain confidential and not to be released except under existing law and Board of Education policies. Board Policy 2422.8 (2004) requires schools to keep confidential all student information related to diagnosis and medications per federal FERPA requirements. SBOE Policy 4350 provides guidance and compliance with FERPA regulations for public schools.
Student Health-Related Records: No state policy.
Student Health-Related Services: Rule 4362, Chapter VI, Section 17 (2001) requires school districts to provide procedures for the confidentiality of all health information.
