Texas Guide to School Health Services: Legal Issues

School health services staff need to know school health–related laws, rules, and regulations to assure the health and safety of students. The resources below include information about student health records, HIPAA and FERPA laws and out of hospital do-not resuscitate orders. 

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Child Abuse and Neglect

• DFPS Recognizing Child Abuse or Neglect
• DFPS Report Abuse, Neglect, Exploitation
• DFPS Reporting Abuse
  
• TEA Child Abuse Prevention: An Overview
• Texas Family Code – Requirement to Report Child Abuse and Neglect
• Chapter 61. School Districts: Subchapter EE. Commissioner’s Rules on Reporting Child Abuse and Neglect

Do Not Resuscitate

• DSHS Out of Hospital DNR Program
• NASN Position Statement: Do Not Attempt Resuscitation – The Role of the School Nurse
• ANA Position Statement: Nursing Care and DNR – Allow Natural Death Decisions
• AAP Honoring Do-Not-Attempt-Resuscitation Requests in Schools
• AAP Policy Statement – Honoring DNAR Requests in Schools
• Texas Administrative Code, Rule 157.25 – Out of Hospital DNR

Documentation and Confidentiality

• School Health Documentation
• Confidential Medical Release FAQs from Schools and Districts
• Consent and Access to Health Services: TX Education Code Chapter 26
• Consent and Access to Health Services: TX Family Code Chapter 32
• Consent and Access to Health Services: TX Education Code Chapter 38
• HIPAA Goes to School: Clarifying Privacy Laws in the Education Environment
• Texas Classroom Teachers Association – Confidentiality of School Records

HIPAA and FERPA

• CDC Privacy Legislation and Regulations
• NASN, HIPAA, and FERPA Confidentiality Resources
  
• HIPAA and Nurses’ Duty to Report Confidential Health Information
• HIPAA and School Health
• Establishing and Maintaining Professional Boundaries in School Nursing - Staying in the Zone

Federal and State School Health Laws, Rules, and Regulations

• DSHS Selected State and Federal School Health Laws
• Texas Education Code –  CH 38 Health and Safety 

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