Publication

Taking HIPAA to School: Why the Privacy Rule Has Eviscerated FERPA's Privacy Protections, 47 J. Marshall L. Rev. 1047 (2014)

Jan 1, 2014 · 1 author · 3 topics

Abstract

The term "student" is used throughout this Comment to describe school social work services recipients. Although many other terms also would be accurate (e.g. "client" or "patient"), the "student" designation is used to make clear that this discussion focuses 1991, available at www.socialworkers.org/practice/school/confidentiality.pdf. 7. 20 U.S.C. § 1232g (2012). 8. See, e.g., Lynn M. Daggett, Bucking Up Buckley I: Making the Federal Student Records Statute Work, 46 CATH. U. L. REV. 617, 619 (1997) (describing FERPA as “the federal law that most comprehensively governs student records”); Jennifer C. Wasson, FERPA in the Age of Computer Logging: School Discretion at the Cost of Student Privacy?, 81 N.C. L. REV. 1348, 1353 (2003) (noting that FERPA is “the principal law on student privacy”). 9. The term “therapy records” is used generically in this Comment to describe all records created during social work therapy sessions, regardless of whether they fall within FERPA’s control over school social work records, or HIPAA’s control over general social work records.

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Authors

Goodman Riggs

Topics

Legal Systems and Judicial ProcessesLegal Issues in EducationLaw, Rights, and Freedoms

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PublishedJan 1, 2014
TypeArticle
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