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As more Oregon schools roll out Google’s free suite of productivity software this fall, they’re also trying to educate parents and ease concerns about privacy.
Oregon was the first state to sign up for Google Apps for Education in 2010 and make it available to K-12 school districts. The free software allows students to access their class work from home, the library, or anywhere they have internet access.
But the very thing that makes Google Apps so accessible and appealing worries some parents: They don’t want Google or anyone outside the district to have access to their children’s private information.

oregon schools google google apps

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.

HIPAA FERPA privacy rights law schools

We know you don't want to miss any of the latest news about Google Apps, so we've consolidated key Google Apps blogs and Twitter feeds here. Make sure to check them regularly. Or, better yet, subscribe to these feeds to receive updates right to your door via email or RSS feed! To subscribe to a blog feed, just click its title just below the tab, and then choose your subscription under Subscribe Now.

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CIPA, COPPA, and FERPA

Children's Internet Protection Act (CIPA)

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