Family Educational Rights And Privacy Act: A Case Study

Clients/students come to counseling with the expectation that everything they say will be kept in confidence. There are times when I cannot maintain confidentiality and it is my responsibility to make sure that my clients/students are aware of this. In the school setting, confidentiality becomes a little more complicated. I must adhere to FERPA because I am working with minors and I should also be able to balance student’s ethical rights with their parent’s wishes. Within the school, there will be times where I need to collaborate or consult with school administrators or staff. As stated previously, this ethics code will serve as a guideline for my practice, but I will have to fall back on my own judgment on a case by case

Education Act 1996 places a legal duty on the parent or guardian of a child aged five to sixteen years (known as compulsory school age), to ensure that their children or child attends and receives full-time education, either in a traditional school or any other means that is appropriate for their age, ability, and aptitude, taking into account any special needs they may have. The Act makes it a criminal offense for a parent or guardian to take their child out of school without authorisation from the school, and an offense for parents who are aware that their child is failing to attend school to not take reasonable action to ensure that the child attends. The offense of failing to ensure regular attendance at school is punishable by up to three months’ imprisonment and/or fine up to one thousand pounds.

In 1995, Doe v. Duncanville Independent School District centered around a female student-athlete and her unwillingness to participate in prayer activity. She claimed her refusal to engage in team sponsored worship subjected her to ridicule from teammates, peers, and spectators. The Supreme Court ruled that the school district had failed the Lemon Test by endorsing religion through employee-led prayer, which is a direct violation of the Establishment Clause (Lee, 2005). As a result, “school officials, administrators, and employees were prohibited from initiating, leading, sponsoring, or promoting prayer at athletic events, or using the public address system for similar purposes” (Willett, 2014). This may not have been the popular decision, but

According to HIPAA “the disclosure of PHI is prohibited, except when the patient has signed a release of information form that authorizes PHI to be released or disclosed to a specific party (Sheahan)”. With the release of information there are different rules that need to be followed in order to protect the patient’s privacy. With mental health information in a patient’s medical record, it makes the release of information more difficult and there are different rules that need to be followed in order to protect the patient’s privacy.

Privacy was once taken for granted in public education, but now through the 1974 law, Family Educational Rights and Privacy Act it is pushed to the forefront of the minds of every educator in the United States (Cossler, 2010). This law has paved the way for many lawsuits regarding privacy of student’s records, which have left teachers scared, undereducated and unaware of certain regulations of the law. FERPA laws provide protections for students, but also allow access of all student records to the student’s custodial parents, which in some situations has cause problems and in some cases have specifically brought clarifications of the law. Has the Family Educational Rights and Privacy Act provided the much needed privacy for students

Prior to HIPAA becoming a legislation, patient’s medical records was disclosed without their permission to lenders and outside providers from their treatment team. Privacy Rules were not in place to protect patient’s sensitive medical records without providing written or verbal permission. In addition, prior to HIPAA being created patients could potentially be denied employment, housing, or treatment due to reviewing medical records that was unrelated to claim or application for housing, employment, etc.

As documented in the book “The Immortal Life of Henrietta Lacks” written by Rebecca Skloot, Henrietta lived her childhood in the segregated rural south. There was no real inspiration for her to attend school, much less develop a strong interest in getting a formal education. Segregation contributed to a cycle of oppression and poverty that affected Henrietta’s knowledge, and quality of life. The unfair early education laws, impaired all black children’s potential to learn, and negatively affected their confidence. America has laws that intend on producing, equal education for all children regardless of economic circumstances, race, religion, or academic ability level. On the other hand, a studied by the Civil Rights Project at Harvard University, find that “public school, especially in the south, is becoming re-segregated at a surprising level.”(Hancock Jones) Today there is evidence that suggest public education still needs equal protection reform in order to give all children a high quality education.

The Children’s Act 1989 and 2004: This act is all about ensuring that the children are kept safe from harm and are developing healthy. It’s important that settings support children and their families and work together with them to provide the best for the children. In 2004 the act was revisited because of the Victoria Climbie case and the every child matters came into place where five main aims were made: be healthy, stay safe, achieve through learning, achieve economic well-being and make a positive contribution to society.

In conclusion, as long as information that is provided without the individual’s consent has been de-identified, and can help that particular individual, or help others with research, it is a good thing that information can be provided to those who request the PHI. The HIPPA law makes sure that no personal, private information can be disclosed without the patients consent. And any other information is not provided without first obtaining the individual’s consent.

FERPA is an act which regulates the student information and gives the access only to the authorized students. For maintaining such regulations there are policies and procedures which help to govern the act. The following are the policies and procedures,

FERPA: All schools (private and publis) who receive federal funding must submit to The Family Educational Rights and Privacy Act or they will lose the federal funds. Until the parent’s child is 18 years old, they are allowed to view their child’s educational records. When the child is an eligible adult, their parents will need consent from their child for access. However, the eligible student and parent have the right to view their documentation and ask the school to adjust the information if needed. However, if they desire to make corrections and the school declines, the parent or student have the right to appeal a hearing and file the statement that is being disputed in the records. When releasing information, typically school need written

The enactment of the Fair Education Act of 2006 by Congress is within its powers and does not serve as a violation of the Constitution, specifically in regard to the 5th amendment.

54 Saint Louis Ave. Chicago, IL, in Apartment B. There were three kids and a mother stuffed into that apartment. Two girls and one son. His father was killed by a police officer during a traffic stop while the sister’s father is caring for his other “more important” children. The sisters both have children and dropped out of high school after they had them, one at 16 and the other at 18. The mother worked at a local fast food restaurant and hardy ever came home because her night job forced to sleep with the customers. The young man thought nothing of his family situation until his future starting being affected by his sisters quote slutty matters and his mother’s pathetic life. Once in high school, He realized that his high IQ and

In our new world of technology, substance abuse, mental health, and sexual practices are being discussed in the news, television, radio, social media and even in school. Parents cannot control what their children are learning outside their home as well as what is being taught in school. Hence, the law provides the rights of parents and student that governs sensitive topics that are being conducted in school. The “Protection of Pupil Rights Amendment (PPRA) (20 U>S>C $ 1232h; 34 CFR Part 98) was enacted in 1978, and applies to student surveys, instructional materials or evaluations funded by the federal government that deal with highly sensitive issues.” Under the (PPRA), “Parents have the right of written consent

In order for other medical facilities to request medical records of athletes from the university, the athlete must sign a release waiver (Kiel, 2010, p. 161). This can be easily over looked and cause complications when a medical emergency arises. Since the athlete’s medical records at the University is protected by FERPA, coaches, faculty, and athletic trainers may view these records. This may cause a higher chance of the athlete’s medical records to be shared with unauthorized personnel. A coach could access the athlete’s medical record or history and share it with the media or another coach. A particular case that was denied of a violation of privacy because it could not be proven was when a principle shared with a coach about a player’s health concern. This was deemed acceptable except that the conversation was overheard by other players (McChrystal, 2001, p. 405). There was not enough proof in court to file charges, but this is a prime example of what could happen with medical records protected under FERPA. If the athlete’s medical records were protected under HIPAA, the athlete would be able to choose who had access to their records. The physician would still be able to determine if the athlete’s health was a concern to participate in a sport or not. If the athlete needed their medical information for a class or internship they would have to retrieve the records from the health facility