School Health Record

PACER Center’s HEALTH INFORMATION CENTER (HIC)
a project of PACER Center
School Health Records: Privacy and access
Under both Minnesota and federal law, school health records are considered educational records. This means that
your and your child’s rights to privacy and access are governed by the same laws that apply to educational records.
What are school health records?
Schools are required to keep certain health-related records about all students, including immunization
information, growth, vision testing and hearing screening findings, attendance data, preschool health screening,
and TB screening information.
In addition, many schools provide medical services to individual students. These medical services generate
health records. The medical services may or may not be part of an Individualized Education Program (IEP), and
may be provided by the school nurse or other health care provider.
It is important to note that any health records that the school receives from outside providers will most likely
be considered school health records. This means they may be reviewed by teachers and other school officials
who have a legitimate educational interest in the information. It is also possible that teachers and officials from
schools where your child seeks, to or intends to enroll, may also have access to the information.
School health records are educational records
Since school health records are considered educational records, they are subject to the Minnesota Government
Data Practices Act and the federal Family Educational Rights and Privacy Act (FERPA).1 This means that
schools are subject to different health record privacy and access requirements than doctors, clinics, or hospitals
are. (See PACER handouts on “Access to Your Child’s Health Records” and “Release of Your Child’s Health
Records” for information on these requirements.) Under FERPA, the records are “private” which means that
the information is accessible to you and certain school officials but not to the public. It also means that you have
the right to know what kind of information the school maintains about your child and you have the right to
contest the accuracy of the information. If the school is unwilling to correct the contested record, you have the
right to place written comments in the record.
Right to access
You and your child have the right to see the health records kept by the school. If you request copies of the
records, the school must provide them to you. The school may require you to pay the actual costs of making,
certifying, and compiling the copies unless that fee prevents you from having access to the records. The school
must give you access to the records immediately, if possible, or within ten days of the date of the request if
immediate compliance is not possible. If the records are maintained in computer storage, they must be provided
to you in electronic form, however, there is no requirement that the information be provided in a different
program than that which is maintained by the school. There is no limit to the number of times a parent of a
child with a disability can request to inspect their child’s records.
1
Under the Minnesota Government Data Practices Act, the parent and student (who is a minor and not attending a postsecondary program)
share the rights of access to and privacy of educational records. FERPA gives rights only to the parent.
© 2017, 2001 PACER Center, Inc., 8161 Normandale Boulevard, Minneapolis, Minnesota 55437-1044 • HIAC-h18
(952) 838-9000 • Toll-free in Greater Minnesota: (800) 537-2237 • PACER@PACER.org • PACER.org
This handout was developed in part under a grant from the Health Resources and Services Administration (HRSA), U.S. Dept. of Health and Human Services (HHS)
grant #84MC00005 Family-to-Family Health Information Center, $95,700; and approximately 5% was financed with non-governmental resources. The contents
should not be construed as the official position or policy of, nor should any endorsements be inferred by, HRSA, HHS, or the Federal Government. This handout
is a summary of Minnesota Statute section 13.32. It is provided for informational purposes only and is not intended to constitute legal advice.

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PACER Center’s HEALTH INFORMATION CENTER (HIC)

a project of PACER Center

School Health Records: Privacy and access

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