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Does the HIPAA Privacy Rule apply to an elementary or secondary school?
Answer:
Generally, no.  In most cases, the HIPAA Privacy Rule does not apply to an elementary or secondary school because the school either: (1) is not a HIPAA covered entity or (2) is a HIPAA covered entity but maintains health information only on students in records that are by definition “education records” under FERPA and, therefore, is not subject to the HIPAA Privacy Rule. 

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The Health Insurance Portability and Accountability Act ("HIPAA") provides protection for personal health information held by covered entities. A covered entity under HIPAA is either: (1) a health plan, (2) a healthcare clearinghouse, or a (3) healthcare provider that transmits health information electronically in connection with certain administrative and financial transactions.

Schools are obviously not a covered entity health plan or healthcare clearinghouse. However, many school districts employ nurses, physicians, psychologists, or other healthcare providers who serve students and staff. Would the employment of these healthcare providers qualify a school district as a covered entity "healthcare provider" under HIPAA? The answer to this question depends on whether the school district: (1) furnishes, bills or receives payment for healthcare in the normal course of its business, and (2) transmits these covered transactions electronically.

Thus, if a healthcare provider serves students under contract with or otherwise under the direct control of a public school covered by FERPA, any student health records created or maintained by this person are considered education records under FERPA, and not personal health information under HIPAA. This is the case regardless of whether the healthcare is provided to students on school grounds or offsite. Therefore, the school district in the above example would be required to comply with FERPA's privacy requirements with respect to this student's health information, including the requirements to obtain parental or student consent (if 18) in order to disclose Medicaid billing information about a service provided to this student.

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Educators are working to capitalize on student familiarization with electronic communication devices (ECDs) by incorporating them in teaching, learning, and communicating. ECDs include computers, pagers, cell phones, smartphones, portable game units, graphing calculators, and similar mechanisms. Many of these devices enable users to communicate directly or through social networking sites such as Facebook, MySpace, Twitter, and Friendster.
Student use of ECDs at school and away from school can be abused.  Using a cell phone to take pictures in a school locker room, to cheat on a classroom test, or to engage in cyberbullying of other students are examples. Student misuse of ECDs poses new challenges for school personnel to impose discipline. This is particularly true for off-campus misuse, given student free speech rights in using their own devices away from school. The law is evolving in this area, and much uncertainty exists. The purpose of this website is to help school personnel in California and other states understand the issues involved in ECD use and prepare policies and discipline rules accordingly. Included are the following resources (click on the title to access):
Free speech and privacy dimensions of student misuse of their own electronic communication devicesModel school district policy governing ECD useModel student discipline rules (SHORT and LONG versions)Resources for learning about student use of electronic communication devices

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Background
The Children’s Internet Protection Act (CIPA) is a federal law enacted by Congress to address concerns about access to offensive content over the Internet on school and library computers. CIPA imposes certain types of requirements on any school or library that receives funding for Internet access or internal connections from the E-rate program – a program that makes certain communications technology more affordable for eligible schools and libraries. In early 2001, the FCC issued rules implementing CIPA.
What CIPA Requires
Schools and libraries subject to CIPA may not receive the discounts offered by the E-rate program unless they certify that they have an Internet safety policy that includes technology protection measures. The protection measures must 2block or filter Internet access to pictures that are: (a) obscene, (b) child pornography, or (c) harmful to minors (for computers that are accessed by minors). Before adopting this Internet safety policy, schools and libraries must provide reasonable notice and hold at least one public hearing or meeting to address the proposal.
Schools subject to CIPA are required to adopt and enforce a policy to monitor online activities of minors.
Schools and libraries subject to CIPA are required to adopt and implement an Internet safety policy addressing: (a) access by minors to inappropriate matter on the Internet; (b) the safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications; (c) unauthorized access, including so-called “hacking,” and other unlawful activities by minors online; (d) unauthorized disclosure, use, and dissemination of personal information regarding minors; and (e) measures 3restricting minors’ access to materials harmful to them.

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