"Neither FERPA or HIPAA prevents schools from sharing non-identifiable information with the media and the general public"
“…Legal experts and government transparency advocates say schools, as a whole, have a long track record of abusing privacy laws to keep information secret and force the public to enter costly lawsuits to gain access to records. Justin Silverman, who leads the New England First Amendment Coalition, said several states also had cited HIPAA as a reason for withholding coronavirus case counts at nursing homes, although many later reversed course and released that information.
“Although there’s a fine balance between the public’s right to know and personal privacy, many health experts said clear and consistent disclosure of even basic case numbers is essential for sound decision-making.
“Dr. Nathaniel Beers, who serves on the American Academy of Pediatrics Council on School Health, suggested school districts should have a tiered communication approach: providing the most detailed information to people with direct exposure; a more generic notification with health screening guidance for others in the school; and basic information on case counts and response for the general community. ‘For schools to be open, you need staff to feel like safety is first. You need students, [teachers and staff] and parents to feel safety is first. You need the broader community to feel like the school is taking care of business and not putting everyone else in harm’s way,’ said Beers, who also is president of the HSC Health Care System in Washington, D.C. ‘That’s where the broader communication is really critical.’
“Standing guidance from the U.S. Department of Health and Human Services says that HIPAA does not apply to elementary and secondary schools.
“In particular, the agency notes they are ‘not a HIPAA covered entity,’ which CONTINUE READING: glen brown: "Neither FERPA or HIPAA prevents schools from sharing non-identifiable information with the media and the general public"
