Test Your FERPA Knowledge: Can This Student Info Be Released?

Answer: No. Because the information collected by the nurse is part of the student’s records, it is covered under FERPA.

Schools should be aware of the limited instance in which HIPAA may apply. HIPAA may apply to third parties that provide health services directly to students, such as a service provider that comes to the school and offers flu shots to students.

When the health care provider is not acting on behalf of the school, HIPAA will apply to that third-party health care provider, but that does not mean HIPAA automatically applies to the school.

However, keep in mind that in this situation, HIPAA will limit what the health care provider can disclose to the school.