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Anyone thinking of using Google Apps for Education should be familiar with this agreement.

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The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

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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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Google Apps is also governed by a detailed Privacy Policy, which ensures we will not inappropriately share or use personal information placed in our systems.
The Google Apps Terms of Service contractually ensures that your institution (or students, faculty, and staff) are the sole owners of their data.
Because customers own the data they put into Google Apps, we believe it should be easy for your users to move their data in and out of our systems.
The controls, processes and policies that protect user data in our systems have obtained a SAS 70 Type II attestation and will continue to seek similar attestation.
Google complies with applicable US privacy law, and the Google Apps Terms of Service can specifically detail our obligations and compliance with FERPA (Family Educational Rights and Privacy Act) regulations.
Google is registered with the US-EU Safe Harbor agreement, which helps ensure that our data protection compliance meets European Union standards for educational institutions.

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Security and PrivacyPrintTwo of the most common topics of questions regarding Google in general, and Google Apps specifically, are security and privacy. We take both topics very seriously and truly believe that our offerings are a great option for customers on both fronts. Our business is built on our users' trust: trust in our ability to properly secure their data and our commitment respect the privacy of the information they place in our systems by not giving that information to others or using it inappropriately.In order to help answer some of the many questions we receive and to dispel some common misconceptions we encounter; we have created this FAQ and the corresponding Google Apps security whitepaper. We hope this helps to answer some of your questions about Google's position on these important issues!
If you need to report an abuse issue, learn more about reporting abuse issues to our team.

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