Background

This Guide provides information for health care providers and school staff to be able to start important conversations with legal counsel about which law applies to their services. There are, however, several legal considerations that the health provider(s) and education agencies should address early on to ensure the success of their partnership. One of the most important is determining which confidentiality laws control access to and disclosure of the education and school-based health programs’ health care information. That’s why a team of California health, education, and legal experts prepared this online guide – to make it easier for health care providers, educators, and families to get the knowledge and skills they need to work together to help children and youth thrive.

This Guide provides an overview of the laws that relate to sharing student/patient information (HIPAA, FERPA, and California State law), as well as best practices and ready-to-use resource materials for schools and health providers navigating these complicated issues.

The legal content for this Guide was primarily gathered from HIPAA or FERPA? A Primer on Sharing School Health Information in California, Second Edition.

The information in this Guide should be used as a reference and should not be a substitute for legal advice.

Primary Author: Rebecca Gudeman, JD, MPA

Recommended Citation: Gudeman, R. HIPAA or FERPA? A Primer on Sharing School Health Information in California, 2nd ed., National Center for Youth Law (2018)