When we allow the public conversation to incorrectly cite federal laws as the barrier to transparency, we’re neither helping communities nor protecting privacy. It’s time for facts, not myths.
We’re setting the record straight: collecting and reporting data on school COVID and vaccination rates is absolutely allowable under federal law—the Family Educational Rights and Privacy Act (FERPA) and Health Insurance Portability and Accountability Act (HIPAA).
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Privacy and safety is never an either/or. When officials cite privacy laws as reasons to withhold data from the public, they erode trust. Student data privacy can be protected while shining a light on information that communities and families need to make decisions about their safety.
So, here are the facts:
FERPA, the nation’s primary student privacy law, protects student records and requires parental permission for the release of personally identifiable information from their child’s record. Sharing the number of COVID-19 cases in schools does not require the publication of personally identifiable information. More information here.
HIPAA governs the sharing of sensitive patient health information by healthcare providers. As with FERPA, this law does not prohibit school, district and state officials from sharing information about the number of COVID-19 cases in schools. More information here.
Learn more about this issue in our blog post.
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