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Tag: FERPA

USDOE and USHHS Issue Joint Guidance on Application of FERPA and HIPAA to Student Health Records

By on January 14, 2020 in Students with 0 Comments

In December 2019, the U.S. Department of Education (“USDOE”) and U.S. Department of Health and Human Services (“USDHHS”) jointly issued a 26-page document, providing updated guidance on the application of the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g, 34 C.F.R. Part 99, and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), see 45 C.F.R. Parts 160, 162, and 164 (the “HIPAA Rules”), and their application to student health records.  The updated guidance provides a basic overview of each of the two federal statutes, as well as 27 frequently asked questions (“FAQs”).  The new guidance […]

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Request to Produce Student Records Not Available Through Due Process

Parents may initiate a due process petition on behalf of their child against a school district or charter school with the New Jersey Office of Special Education Programs (“OSEP”) for special education related claims arising under the Individuals with Disabilities Education Act (“IDEA”) and N.J.A.C. 6A:14-1.1 et seq., which include disagreements regarding identification, reevaluation, classification, educational placement, the provision of a free appropriate public education, or disciplinary action. However, the right to initiate a due process hearing does not extend to a request to compel a school district to produce student records, according to a recent decision issued by Administrative […]

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