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CLARIFICATIONS ON THE DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION BETWEEN SCHOOL PERSONNEL AND SAFETY RESOURCE O

Law Review. HIPAA. What does the Health Insurance Portability and Accountability Act (HIPAA) say about the release of

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CLARIFICATIONS ON THE DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION BETWEEN SCHOOL PERSONNEL AND SAFETY RESOURCE O

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    1. CLARIFICATIONS ON THE DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION BETWEEN SCHOOL PERSONNEL AND SAFETY RESOURCE OFFICERS North Carolina Department of Public Instruction Exceptional Children Division

    2. Law Review

    3. HIPAA What does the Health Insurance Portability and Accountability Act (HIPAA) say about the release of “Protected Health Information” to law enforcement officials?

    4. Disclosures Explicitly Permitted Under the Regulation. Protected Health Information (PHI) may be disclosed to avoid a serious threat to health or safety.

    5. “…if the covered entity, in good faith, believes the use or disclosure is necessary to prevent or lessen a serious and imminent threat to health or safety. The disclosure must be to a person reasonably able to act appropriately…”

    6. This provision would allow school personnel in emergency situations to disclose to the School Resource Officer (SRO) medically relevant information, e.g., the student has a heart condition or a seizure disorder, etc.

    7. Release of Information If the school wants to release the information proactively, consent from parents through a Release of Information form must be obtained under the FERPA regulations.

    8. FERPA What does the Family Educational Rights and Privacy Act (FERPA) say about disclosure of information in health and safety emergencies?

    9. Disclosures Explicitly Permitted Under the Regulation “An educational agency or institution may disclose personally identifiable information from an education record to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.”

    10. FERPA continued FERPA permits a release of information to teachers and school officials when there are “legitimate educational interests in the behavior of the student.”

    11. When is a School Resource Officer considered a school official? The SRO is considered a school official if the school system maintains a contract with the police department or Sheriff’s Department regarding the resource officer’s responsibilities at the school and they are paying a portion of the officer’s salary.

    12. The resource officer is not considered a school official if the school system and the police/sheriff’s department have only a Memorandum of Agreement or if the school system has no authority regarding the resource officer’s responsibilities at the school.

    13. When the SRO is not considered a school official, the parent’s informed written consent must be obtained under the FERPA regulations before the school can release the information in a non-emergency.

    14. IDEA 2004 What does Individuals with Disabilities Education Improvement Act of 2004 (IDEA) say about a referral to and action by law enforcement and judicial authorities?

    15. “An agency reporting a crime committed by a child with a disability must ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the agency reports the crime.”

    16. There is nothing in the IDEA regulations that permits the release of personally identifiable information to the SRO. Again, if the school wants to release the information proactively, a consent from parents must be obtained under the FERPA regulations.

    17. Consent An educational agency shall obtain the written consent of the parent of a student or the eligible student before disclosing personally identifiable information from the education records of a student to a third party.

    18. The written consent required by paragraph (E) (1) of this section must be signed and dated by the parent of the student or the eligible student giving the consent and shall include: a specification of the records to be disclosed; the purpose or purposes of the disclosure; and the party or class of parties to whom the disclosure may be made.

    19. Best Practice What would be considered best practice for the inclusion of SROs in professional development?

    20. Invite the SROs to be an active member of the Safe Schools Committee Include them in any training that would better their understanding and interactions with youth at risk of disruptive and/or dangerous behavior.

    21. During an IEP meeting explain to the parent/guardian and/or student the importance of the SRO understanding the child’s disability and how that may impact his/her behavior Ask the parent/guardian and/or student to sign a release of information specifying what information the SRO will receive (e.g., behavior plan, medical plan, calming strategies, etc.) Encourage the parent/guardian and/or student to meet and talk with the SRO.

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