Question:  Can school health services staff share confidential health information with other school district staff members?

Answer:  Health information can be shared under the Family Educational Rights and Privacy Act (FERPA) when such internal communications regarding confidential student health information is shared for legitimate educational purposes.    It must be shared in a confidential manner only with those individuals who are directly involved with the student in order to benefit the student and provide the student with appropriate educational services.

Question:  Can a school district be sued for disclosing confidential health information?

  Answer: The United States Court of Appeals for the Eighth Circuit ruled in 2006 that a student with disabilities can sue his school district under Section 504 of the Rehabilitation Act for "bad faith and gross misjudgment" because the district failed to protect him from discrimination and harassment by other students after a teacher disclosed his medical condition to the student body.

Link to article: http://www.healthinschools.org/2006/march8_alert.asp

Resources:

Legal Issues in School Health Services, edited by Nadine C. Schwab & Mary H.B. Gelfman, SunRise River Press, 2001.

Guidelines for Protection Confidential Student Health Information, National Task Force on Confidential Health Information, American School Health Association, 2000.

Health in Schools - healthinschools.org