Taking HIPAA to School: Why the Privacy Rule Has Eviscerated FERPA’s Privacy Protections

Organization: John Marshall Law Review
Author: Gregory Riggs
Published: April 1, 2014

This article outlines school social workers’ recordkeeping requirements, focusing on access and disclosure procedures designed to maintain an appropriate level of confidentiality for all therapy records. What makes the educational setting complex is that not only must school social workers comply with general confidentiality laws regarding social work records, they also must adhere to relevant educational laws. It also argues that because school social workers must comply with this dual set of laws, inefficiency, confusion, and fear result, thereby encouraging school social workers to record only the bare minimum necessary.  The article also proposes potential remedies for these issues.