Since most school health records are covered by FERPA, who can access this information without parental consent?
Eligible students and parents of minor students have a right to see their records. (Eligible students are those that are at least 18 or those who are attending a postsecondary institution. (34 C.F.R §99.3) In general, parental consent is required for others to access information in students’ health records. Below are some of the circumstances where consent is not required. (See 20 USC. §1232g(b)-(j) and 34 C.F.R §99.31). • School officials, including teachers, that the school or district has determined to have “legitimate educational interests” (defined below). • In an emergency “if knowledge of the information is necessary to protect the health or safety of the student or other individuals” (See 34 C.F.R. §99.36(a)). • Instances of abuse or neglect. • Mandatory reporting of communicable diseases (please see page 3 of this document for exceptions). • Information that is required by a school to which the student is transferring. • Certain legal situations including subpoenas or investig
