All persons privileged with any medical information that pertains to students shall be informed of their legal obligation and liability and are required to treat all proceedings, discussions, and documents as confidential information. Before any personally identifiable medical information is shared with anyone in the school setting, the statutory protections for the Family Educational Rights and Privacy Act (FERPA) of 1974 will routinely be followed.
All personally identifiable medical information will be kept in a file separate from the student's general records, and will not be released in any form without compliance with subsection three (3) of this policy.
Written consent of the eligible student or parent/guardian will be routinely obtained before releasing personally identifiable medical information from a school record. Written consent will include:
| | A. | the information on the condition, disease, or infection that may be disclosed;
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| | B. | the reason for disclosure; and
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| | C. | to whom the disclosure may be made.
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The District provides for a process for determining what and to whom personally identifiable medical information can be released from a school record if written consent cannot be obtained and it is deemed necessary to release the information. This process includes, but is not limited to:
| | A. | The convening of a committee by the building principal to evaluate the request for release of specific information to particular persons. In no event is the identity of the student to be disclosed to committee members.
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| | B. | An evaluation of the request in regard to District responsibility under FERPA and other State and Federal laws. This evaluation considers, but is not limited to, a review of criteria for determining which parties are "school officials," and what constitutes the existence of a "legitimate educational interest."
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| | C. | A determination of which parties are "school officials" is based on the individual's:
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| | | 1. | job responsibilities;
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| | | 2. | exercise of authority; and
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| | | 3. | degree of discretion.
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| | D. | A determination of "legitimate educational interest" is based on whether sharing the information with a specific individual would favorably affect:
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| | | 1. | the student's ability to learn and function in the classroom and related settings;
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| | | 2. | the teacher and other District staff's ability to teach or provide other services;
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| | | 3. | the containment of a communicable disease for persons at risk; and
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| | | 4. | the immediate health and safety of the student.
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| | E. | A determination of whether release of the information could lead to discriminatory practices of unauthorized re-disclosure.
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| | F. | The committee will formulate a recommendation for the Superintendent. The Superintendent shall make the final determination of what and to whom personally identifiable medical information will be released.
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A record of disclosures will be maintained as required by 34 CFR 99.32. This record will be kept as detailed in District Policy 3070. A parent or eligible student may inspect and review this record.