Maintaining a comprehensive health record for each student is the responsibility of the Certified School Nurse. Documentation according to current nurse practice and medical standards is the responsibility of all medical professionals.
Pennsylvania Law and Regulations Pertaining to Student Health Records
1. Pennsylvania Public School Code
Section 1402(b) Health Services
Section 1409. Confidentiality, Transference and Removal of Health Records
Section 23.8 Maintenance of medical and dental records
Section 23.55 Maintenance of health records
Section 23.72 Maintenance of records
There has been concern from healthcare providers in providing information to schools without parent/guardian permission. Healthcare providers function under the Health Insurance Portability and Accountability Act (HIPAA) while schools function primarily under the Family Educational Rights and Privacy Act (FERPA). The U.S. Departments of Education and Health and Human Services published Joint Guidance on the Application of FERPA and HIPAA to Student Records.
This guidance explains the relationship between FERPA and HIPAA and addresses the confusion on how these two laws apply to student records.
FERPA is a federal privacy law that gives parents/guardians certain protections with regard to their children's education records. This publication, from the U.S. Department of Education, provides information regarding those rights.
FERPA General Guidance for Students published by the U.S. Department of Education, this guidance is a compilation and update of correspondence and documents that respond to a variety of questions regarding FERPA.
This document prepared by the National Task Force on Confidential Student Health Information and was developed as a project of the American School Health Association, National Association of School Nurses and the National Association of State School Nurse Consultants. Section I discusses ethical responsibilities and legal obligations. Section II recommends 8 guidelines and discusses each in detail.
Updated: July 2018