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Right and Privacy Policies

Lexington School District Four

 

Annual Notification of Rights Under

The Family Educational Rights Privacy Act of 1974

 

The Family Educational Rights and Privacy Act of 1974 was enacted by the United States Congress and became effective on November 19, 1974.  This Act affords a parent or guardian of a student under 18 years of age or eligible students (student who has attained the age of 18 years or is attending an institution of post-secondary education) the right to:   (1) inspect and review the student's education records, other than those exempted by the Act, kept by a school of Gaston-Swansea School District Four of Lexington County;  (2) challenge or request the removal or modification of material felt to be inaccurate, misleading, or inappropriate;  (3) limit the number and type of individuals who will be able to see a student's records;  (4) receive a list of those individuals who have been permitted by school officials to see a student's records;  (5) be notified every time a student's records are turned over to a court by judicial order or subpoena; and (5) be informed by school officials of the provisions of the Act.

 

Education records are those records, including but not limited to, handwriting, print, tapes, film, microfilm, and microfiche, which are directly related to a student and are maintained by a school or the District.  The principal of each school and the superintendent are responsible for the education records located in the schools and the District Education Center, respectively.

 

The schools of the district may disclose copies of student records without the written consent of the parent of the student or the eligible student only if the disclosure is:  (1) to school officials (principals, teachers, guidance counselors, and District Education Center professional employees) of the District who have been determined to have legitimate educational interests ("Legitimate educational interest" means an interest related to a school official's responsibility in scheduling, teaching, counseling, disciplining, health care, or other similar responsibilities to students):  (2) to school officials of other school districts in which the student seeks or intends to enroll;  (3) to federal, state and local education officials or authorities;  (4) in connection with a student's application for, or receipt of, financial aid;  (5) to organizations conducting research studies for, or on behalf of, educational agencies or institutions if the studies are carried out in such a way that no personal identification of students and their parents can be made by persons other than the persons or organizations conducting the studies; and if such information will be destroyed when no longer needed for the purpose for which it was collected;  (6)  to accrediting organizations in order to carry out their accrediting functions;  (7)  to parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1954;      (8) to comply with a judicial order or lawfully issued subpoena, but the school will make a reasonable effort to notify the parent or eligible student of the order of subpoena in advance of compliance; or (9) to appropriate parties in a health or safety emergency subject to certain conditions.

 

The District will facilitate the transfer of school disciplinary records regarding suspensions or expulsions to any private or public elementary or secondary school in which former District students enroll or seek to enroll on a full or part-time basis.

 

The District will, upon request by a military recruiter, disclose directory information on District students.

 

Schools of the District may disclose directory information from the education records of a student who is in attendance or a former student, provided the parent of the student or eligible student has not informed, in writing, the school principal of his objection to the designation of such personally identifiable information as directory information within ten (10) days after the Annual Notification of Rights has been sent to the parents.  "Directory information" shall include the following information relating to a student:  the student's name, address, telephone number, date and place of birth, major field of study, participation in activities and sports, weight and height of members of athletic teams, dates of attendance, awards received, and the most recent previous school attended.

 

Whenever a parent or eligible student desires to inspect and review the education records of a student, the parent or eligible students should make an appointment with the principal for the purpose of making a request to inspect and review the student's records.  Records may be inspected by parents and eligible students within a reasonable time after the request, but in no case later than forty-five (45) days after the request is made.

 

A parent or eligible student may challenge the content of school records and request corrections or deletion of any entries that he believes to be inaccurate, misleading, or otherwise in violation of the student's privacy or other rights; however, a properly recorded grade may not be challenged for the purpose of having it changed to a higher grade.

 

                Any parent or eligible student who believes there has been a violation of the Family Education Rights and Privacy Act of 1974 has a right to file a complaint with the United States Department of Education, provided the parent or eligible student has exhausted all the administrative remedies specified in Board Policy JRA, Student Records.  Any parent or eligible student may obtain a copy of the Board policy by making his request to the principals, the superintendent or his designee.


(Annual Notification of Rights, Page 2)

 

 

FILE:  IJ-E

 

Notification of Rights Under the Protection of Pupil Rights Amendment (PPRA)

 

PPRA affords parents certain rights regarding our conduct of surveys, collection, and use of information for marketing purposes, and certain physical exams. These include the right to the following.

 

·         Consent before students are required to submit to a survey that concerns one or more of the following protected areas (protected information survey) if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED).

 

-       political affiliations or beliefs of the student or student’s parent

-       mental or psychological problems of the student or student’s family

-       sex behavior or attitudes

-       illegal, anti-social, self-incriminating or demeaning behavior

-       critical appraisals of others with whom respondents have close family relationships

-       legally recognized privileged relationships, such as with lawyers, doctors or ministers

-       religious practices, affiliations or beliefs of the student or parents

-       income, other than as required by law to determine program eligibility

 

·         Receive notice and an opportunity to opt a student out of the following.

 

-       any other protected information survey, regardless of funding

-       any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent and not necessary to protect the immediate health and safety of a student, except for hearing, vision or scoliosis screenings, or any physical exam or screening permitted or required under state law

-       activities involving collection, disclosure or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others

 

·         Inspect, upon request and before administration or use, the following.

 

-       protected information surveys of students

-       instruments used to collect personal information from students for any of the above marketing, sales or other distribution purposes

-       instructional material used as part of the educational curriculum

 

These rights transfer from the parents to a student who is 18 years old or an emancipated minor under state law.

 

Lexington School District Four has developed and adopted policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure or use of personal information for marketing, sales or other distribution purposes. The District will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. The District will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his/her child out of participation of the specific activity or survey. The District will make this notification to parents at the beginning of the school year if the District has identified the specific or approximate dates of the activities or surveys at that time.  For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys.  Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this requirement.

 

·         collection, disclosure or use of personal information for marketing, sales or other distribution

·         administration of any protected information survey not funded in whole or in part by ED

·         any non-emergency, invasive physical examination or screening as described above

 

Parents who believe their rights have been violated may file a complaint with the following.

 

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-5901

 

 


NOTICE OF PRIVACY PRACTICES

 

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOUR CHILD MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.  PLEASE REVIEW IT CAREFULLY.

 

Application

     The Health Insurance Portability and Accountability Act (“HIPAA”) requires certain designated components within the Lexington Four School District to maintain the privacy of protected health information (“PHI”) and to provide Individuals with notice of the District’s legal duties and privacy practices with respect to PHI.  HIPAA and its regulations specifically exclude from the definition of PHI any education records covered by the Family Educational Rights and Privacy Act (“FERPA”), treatment records of a student over 18 years of age that are made or maintained by a health-care professional and disclosed to no other persons, and employment records held by the District in its role as an employer.  Therefore, the District acknowledges that the business activities of only some of it components may be considered subject to the privacy regulations of HIPAA, which the District designates as:

  • The office of any employee who is employed as a licensed health-care provider or counselor that maintains health information of a student 18 years or older, if that information is not used solely for treatment purposes, or if the information is disclosed to persons other than those providing treatment; and
  • The office of any employee who is employed as a licensed health-care provider or counselor who provides preventative, diagnostic, therapeutic, rehabilitative, or counseling services to District employees, independent contractors, or any individual who is not a student of the District, or in any case where the record of such treatment could not be considered a “student record” under the provisions of FERPA.

 

Definitions

Compliance Officer: The Principal or other administrative head at each individual school or facility within the District serves as that institution’s designated Compliance Officer for purposes of this Privacy Policy.

 Disclose: Release, transfer, provision of access to, or divulging in any other manner, of information outside the above-designated component area.
Protected Health Information (“PHI”):  individually identifiable health information that is transmitted or maintained by electronic media or any other form or medium; but does not include education records protected by FERPA, treatment records of a student over 18 years of age, and employment records held by the District in its role as employer.

 

Your Rights

     With respect to PHI, the Individual or to the Individual’s personal representative has the right to:

  • Request restrictions on certain uses and disclosures of PHI; however, the District is not required to agree to or comply with requested restriction;
  • Receive confidential communications of PHI;
  • Inspect and copy PHI;
  • Submit a written request for an amendment of PHI to the Compliance Officer at the institution where the Individual’s PHI record is kept;      
  • Receive an accounting of the District’s disclosures of PHI; and
  • Obtain a paper copy of this Notice, upon submission of a written request to the institution’s Compliance Officer.

 

Uses and Disclosures of PHI

     The District will not use or disclose PHI, except under circumstances which are either required or permitted by law, or pursuant to an authorization from the Individual or the Individual’s personal representative. 

     The District is required to disclose PHI to the Individual or to the Individual’s personal representative.  The District is also required to disclose PHI, without the Individual’s authorization, as required by law, and to the United States Department of Health and Human Services (“DHHS”) for purposes of determining the District’s compliance with HIPAA and its regulations.

     The District is permitted to use and disclose PHI to third parties, without the Individual’s authorization, for purposes of:

  • Treatment, which includes the provision or management of health-care and related services to an Individual, including, but not limited to preventative, diagnostic, therapeutic, rehabilitative, and counseling services;
  • Payment, including, but not limited to obtaining or furnishing reimbursement for the provision of health care, such as billing Medicaid for health-care services provided;
  • Health-care Operations, including, but not limited to activities related to insurance, compliance, quality assurance, and professional competency;
  • Compliance with a subpoena, court order, or warrant;
  • Public health activities;
  • Averting a threat to public health or safety;
  • Reporting suspected victims of abuse, neglect, or domestic violence;
  • Compliance with Worker’s Compensation law;
  • Identifying a decedent;
  • Requests from health oversight organizations, including, but not limited to the DHHS;
  • Organ procurement;
  • Government functions, including but not limited to law enforcement, the military, and veteran’s affairs.

     In addition, the District is permitted to contact the Individual or his/her representative to provide appointment reminders, and may also use and disclose PHI to the sponsor of a group health plan, including, but not limited to the South Carolina Budget and Control Board.

 

Limitations on Use and Disclosures

     Except as described in this Privacy Notice, the District will disclose PHI to other third parties only with written authorization from the Individual or his/her personal representative.  The Individual or his/her personal representative may revoke such authorization by providing written notice to the designated Compliance Officer at the institution where the Individual’s PHI record is kept.

     Under most circumstances, the District will take reasonable steps to use, disclose, and/or request from other covered entities only the minimum PHI reasonably necessary to accomplish the purpose of the use, disclosure, or request.  However, the District is not limited in its use and/or disclosures of PHI made:

  • To a health-care provider for treatment;
  • To the Individual or his/her personal representative;
  • Pursuant to an authorization;
  • To DHHS;
  • As required by law or court order; or
  • As required for compliance with HIPAA and its regulations. 

     The District will not disclose PHI for research or fundraising purposes.

 

Contacts and Complaints

     If you believe that your privacy rights under this Notice have been violated, you may notify the Compliance Officer at the institution where your PHI record is kept, or you may file a complaint with DHHS, by calling 866-OCR-PRIV (866-627-7748) or writing to DHHS at 200 Independence Avenue, S.W., Washington, D.C. 20201.  The complaint must be in writing, naming the institution that is the subject of the complaint, and describing the acts or omissions believed to be in violation of the law.  Federal regulations require complaints to be filed within 180 days of when the complainant knew or should have known that the act or omission complained of occurred.  The District will not retaliate against any Individual for filing a complaint.

 

For further information, you may contact:

 

The Superintendent

Lexington Four School District

607 East Fifth Street

Swansea, S.C. 29160

Phone:   803-568-1000      / Fax:     803-568-1020     

The District is required by law to abide by the terms of this notice, which was first effective April 14, 2003.  However, the District reserves the right to change the terms of this notice, and to make new notice provisions effective for all phi the District maintains by posting the new notice and effective date on the District’s website (www.lexington4.net). 

 

 

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