Does HIPAA apply to school psychologists?

No, HIPAA does not apply to school psychologists.

The role of school psychologists

A school psychologist is a figure in the educational system, dedicated to fostering the mental health and overall well being of students. As discussed in a study titled, The School Psychologist   Psychotherapist or Consultant, their role involves being available “... to discuss problems of immediate concern to them. These generally concern children who are not working up to expectation, children responding poorly to disciplinary efforts, and children showing unusual or odd behavior…” Through a combination of assessments, individual and group counseling, and the development of tailored intervention plans, school psychologists help students overcome obstacles and achieve their full potential.

Communication with parents is a necessary component of a school psychologist's work. They regularly update parents on their child's progress and discuss any concerns or observations. This communication can happen through scheduled meetings, phone calls, or written reports. During these interactions, school psychologists explain assessment results, outline intervention strategies, and offer practical advice on how parents can support their child's development at home. 

Why they don't fall under HIPAA

HIPAA does not apply to school psychologists because they operate within the educational system, which means the Family Educational Rights and Privacy Act (FERPA) applies, not HIPAA. FERPA protects the privacy of student education records at schools that receive funds from the U.S. Department of Education. These records include any health information collected by school psychologists.

School psychologists mainly work within the framework of the school system to support students' mental health and educational needs. They assess students' cognitive, emotional, and social development, provide counseling, and collaborate with teachers and parents to create supportive learning environments. The records they generate, such as psychological evaluations, counseling notes, and intervention plans, are considered part of a student's educational record.

FERPA makes sure that these records are kept confidential and gives parents the right to access and control their child's educational information. Under FERPA, schools must have written permission from the parent or eligible student to release any information from a student's education record, except under certain permitted circumstances.

How HIPAA compliant communications still benefit school psychologists?

Using HIPAA compliant email, school psychologists can confidently communicate about assessment results, intervention plans, and progress updates without fearing that confidential information might be compromised. This level of security helps build trust among parents, students, and staff.

It can be used in various scenarios, such as:

• Communicating with parents: Sending detailed reports and updates on a student's progress or needs.
• Collaborating with teachers: Sharing intervention strategies and observations to tailor classroom support.
• Coordination with healthcare providers: Discuss a student's mental health or developmental needs to ensure consistent care across settings.

An easy to use HIPAA compliant software like Paubox offers encryption and security features that seamlessly integrate into existing workflows. This eliminates the need for complex setups or additional steps. It is straightforward for school psychologists to send secure emails directly from their usual email platforms.

See also: Top 12 HIPAA compliant email services

FAQs

What is the main function of FERPA?

The main function of FERPA is to protect the privacy of student education records and give parents certain rights to access and control their children's information.

When do both HIPAA and FERPA apply? 

Both HIPAA and FERPA apply when a school provides healthcare services and electronically transmits health information, such as a university health clinic.

Is consent necessary for school psychologists to communicate with parents via email?

Yes.