FERPA

ACCESS TO STUDENT RECORDS
The Federal Family Educational Rights and Privacy Act (FERPA) protects the privacy of student-education records, and gives parents and students age 18 or older certain rights with respect to these records. Parents/guardians have the right to inspect and review official educational records directly related to their children. Copies of records may be obtained for a fee. If parents believe that any record is incorrect or misleading, they have the right to an opportunity for a hearing to challenge the contents. For additional information about the policy and regulations, parents can contact Business Administrator Staci SanSoucie at 248-6308 or [email protected].

DIRECTORY INFORMATION

Under FERPA, certain categories of student information have also been designated as directory information. This information includes a student’s name, major course of study, participation in school activities or sports, weight and height if a member of an athletic team, degrees and awards received, photograph and class roster. Directory information may be used in the following ways: sports programs, newspapers, other media, college recruiters, college admission offices, college coaches, etc. Parents and eligible students may request, in writing, that the school not disclose directory information. Send the request to the Superintendent’s Office, 222 Woodbine Ave. East Rochester, NY 14445. 

HIPAA AND FERPA COMPLIANCE

The Health Insurance Portability and Accountability Act of 1996 requires standards to be adopted in two areas:
• Electronic health-care transactions (include standardizing the manner in which health services are claimed by any entity for any person in receipt of such a service)
• Privacy (confidentiality) of all health-related services provided. This involves protection of health information for anyone in receipt of such services.

Electronic health-care transactions: Since the Central New York Regional Information Center submits all Medicaid claim data to the electronic Medicaid system in NYS (eMedNY) for processing, it is a covered entity under this act. The electronic transmission of Medicaid data is now HIPAA-compliant. Privacy: The Family Educational Rights and Privacy Act – Buckley Amendment (FERPA, aka Buckley Amendment) is more restrictive than HIPAA with respect to the protection of privacy and security of all healthrelated services. Since all school districts (and any other educational entities that have access to student data) are obligated to be in compliance with FERPA, they are also HIPAA- compliant.

In order to assure compliance with FERPA (and thus with HIPAA), the following minimum procedures must be in place:
• All student data files and information must be protected (i.e. student files are locked or accessible only by appropriate personnel).
• Any student information/files transmitted to other appropriate recipients must also be protected. Information files must be encrypted and password- protected.
• Student information/files may be faxed to appropriate personnel, but only to secure sites. Parental consent is required for the release of any personally identifiable information, other than those specifically excluded in the FERPA Fact Sheet.

See Procedures for Transmission of Student-Specific Information for all communications between school districts and SED/DOH pertaining to student-specific information. 

You can also read Annual Notices from the US Department of Education on their website.