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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Education Law
Satisfied Customers: 116143
Experience:  Attorney handling education matters.
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Some professors and other staff at my school violated my PAA

Customer Question

Some professors and other staff at my school violated my HIPAA and FERPA rights a while back, and I chose to deal with it by leaving the school. They told an untenured professor who wasn't involved in the matter who wasn't my mentor she could no longer speak to me because she gave me information that lead to me finding out what they did. Is this legal? I don't even want to do anything to the school, I just want to be able to talk to my mentor.
Submitted: 1 year ago.
Category: Education Law
Customer: replied 1 year ago.
The school is in New York. The Dean told her she would fire her if she spoke to me again at all.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
HIPAA applies to healthcare providers and healthcare insurers only, so schools are not included in the HIPAA law as a "covered entity." FERPA does apply to schools and anything that is part of a student's record cannot be disclosed without consent of the student. The school can prevent their employees from speaking to students and former students. However, if you have proof of the FERPA violations, even if you do not know who did this, you can file a complaint against the school with the US Department of Education. As long as the person is employed with the school though, they can stop them from speaking to you and they have to abide with their employer's instructions.