¹ 45 C.F.R. § 160.103. (The U.S. Government Publishing Office makes the Code of Federal Regulations available online at http://www.ecfr.gov/cgi-bin/text-idx?SID=ffea9a9ccdd79672b39852004d69ffe1&mc=true&tpl=/ecfrbrowse/Title45/45cfrv1_02.tpl#0).

² 45 C.F.R. § 160.103.

³ 45 C.F.R. § 160.103(“Health care provider means a provider of services … a provider of medical or health services … and any other person or organization who furnishes, bills, or is paid for health care in the normal course of business.”).

⁴ See 45 C.F.R. Part 162; see Privacy Rights Clearinghouse, HIPAA Basics, available at https://www.privacyrights.org/consumer-guides/health-privacy-hipaa-basics

⁵ U.S. Department of Health & Human Services, “Covered Entities and Business Associates,” available at https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html.

⁶ 45 C.F.R. § 160.103 (“Except as provided in paragraph (4) of this definition, business associate means, with respect to a covered entity, a person who: (i) On behalf of such covered entity or of an organized health care arrangement (as defined in this section) in which the covered entity participates, but other than in the capacity of a member of the workforce of such covered entity or arrangement, creates, receives, maintains, or transmits protected health information for a function or activity regulated by this subchapter, including claims processing or administration, data analysis, processing or administration, utilization review, quality assurance, patient safety activities listed at 42 CFR 3.20, billing, benefit management, practice management, and repricing; or (ii) Provides, other than in the capacity of a member of the workforce of such covered entity, legal, actuarial, accounting, consulting, data aggregation (as defined in § 164.501 of this subchapter), management, administrative, accreditation, or financial services to or for such covered entity, or to or for an organized health care arrangement in which the covered entity participates, where the provision of the service involves the disclosure of protected health information from such covered entity or arrangement, or from another business associate of such covered entity or arrangement, to the person. (2) A covered entity may be a business associate of another covered entity. (3) Business associate includes: (i) A Health Information Organization, E-prescribing Gateway, or other person that provides data transmission services with respect to protected health information to a covered entity and that requires access on a routine basis to such protected health information. (ii) A person that offers a personal health record to one or more individuals on behalf of a covered entity. (iii) A subcontractor that creates, receives, maintains, or transmits protected health information on behalf of the business associate. (4) Business associate does not include: (i) A health care provider, with respect to disclosures by a covered entity to the health care provider concerning the treatment of the individual. (ii) A plan sponsor, with respect to disclosures by a group health plan (or by a health insurance issuer or HMO with respect to a group health plan) to the plan sponsor, to the extent that the requirements of §164.504(f) of this subchapter apply and are met. (iii) A government agency, with respect to determining eligibility for, or enrollment in, a government health plan that provides public benefits and is administered by another government agency, or collecting protected health information for such purposes, to the extent such activities are authorized by law. (iv) A covered entity participating in an organized health care arrangement that performs a function or activity as described by paragraph (1)(i) of this definition for or on behalf of such organized health care arrangement, or that provides a service as described in paragraph (1)(ii) of this definition to or for such organized health care arrangement by virtue of such activities or services.”).

⁷ 45 C.F.R. 164.502; see also U.S. Dept. of Health & Human Services, “Business Associates,” available at https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/business-associates/index.html.

⁸ 45 C.F.R. § 160.103(“Definitions: Health information means any information, whether oral or recorded in any form or medium, that: (1) Is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and (2) Relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual. Individually identifiable health information is information that is a subset of health information, including demographic information collected from an individual, and: (1) Is created or received by a health care provider, health plan, employer, or health care clearinghouse; and (2) Relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an   individual; and (i) That identifies the individual; or (ii) With respect to which there is a reasonable basis to believe the information can be used to identify the individual. Protected health information means individually identifiable health information: (1) Except as provided in paragraph (2) of this definition, that is: (i) Transmitted by electronic media; (ii) Maintained in electronic media; or (iii) Transmitted or maintained in any other form or medium.….”).

⁹     Id.

¹⁰ 45 C.F.R. § 164.103(“Protected Health Information…Protected health information excludes individually identifiable health information in: (i) Education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. §1232g; ….”).

¹¹ See e.g., Cal. Civ. Code §§ 56-56.37; Cal. Welf. & Inst. Code §§ 5628-5329.

¹² Cal. Civ. Code § 56.05 (“Contractor” means any person or entity that is a medical group, independent practice association, pharmaceutical benefits manager, or a medical service organization and is not a health care service plan or provider of health care. “Contractor” does not include insurance institutions as defined in subdivision (k) of Section 791.02 of the Insurance Code or pharmaceutical benefits managers licensed pursuant to the Knox- Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). …“Health care service plan” means any entity regulated pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code)…“Licensed health care professional” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, the Osteopathic Initiative Act or the Chiropractic Initiative Act, or Division 2.5 (commencing with Section 1797) of the Health and Safety Code….“Medical information” means any individually identifiable information, in electronic or physical form, in possession of or derived from a provider of health care, health care service plan, pharmaceutical company, or contractor regarding a patient’s medical history, mental or physical condition, or treatment. “Individually identifiable” means that the medical information includes or contains any element of personal identifying information sufficient to allow identification of the individual, such as the patient’s name, address, electronic mail address, telephone number, or social security number, or other information that, alone or in combination with other publicly available information, re- veals the individual’s identity….“Provider of health care” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code; any person licensed pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act; any person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code; any clinic, health dispensary, or health facility licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. “Provider of health care” does not include insurance institutions as defined in subdivision (k) of Section 791.02 of the Insurance Code.”)(emphasis added).

¹³ 45 C.F.R. §§ 160.203; 164.202.

¹⁴ See, e.g., Cal. Health & Safety Code §§ 123110(a), 123115(a)(1).

¹⁵ 45 C.F.R. §164.502(a).

¹⁶ 45 C.F.R. § 164.508(c).

¹⁷    Id.

¹⁸ 45 C.F.R. § 164.502(g)(i).

¹⁹ 45 C.F.R. §§ 164.502(a)(1)(ii);164.506; Ca. Civ. Code § 56.10(c)(1).

²⁰ 45 C.F.R. § 164.512(j)(1)(“ (1) Permitted disclosures. A covered entity may, consistent with applicable law and standards of ethical conduct, use or dis- close protected health information, if the covered entity, in good faith, believes the use or disclosure:(i) (A) Is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public; and (B) Is to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat”.); Ca. Civ. Code § 56.10(c)(19).

²¹ 45 C.F.R. § 164.512(i); Ca. Civ. Code § 56.10(c)(7).

²² 45 C.F.R. §§ 164.502(a)(1)(ii);164.506; Ca. Civ. Code § 56.10(c)(2)&(3).

²³ 45 C.F.R. §§ 164.502(a)(1)(ii);164.506; Ca. Civ. Code § 56.10(c)(4), (10)&(16).

²⁴ 45 C.F.R. § 164.512(b)(1)(i); Ca. Civ. Code § 56.10(b)(9).

²⁵ 45 C.F.R. § 164.512(b)(1)(ii); Ca. Civ. Code § 56.10(b)(9).

²⁶ 45 C.F.R. §§ 164.502(a)(1)(i)&(2)(i); 164.524; Ca. Health & Saf. Code § 123110(a).

²⁷ See 45 C.F.R. §§ 164.502(a)(1); 164.512; see Ca. Civ. Code § 56.01 et al.

²⁸ 45 C.F.R. § 164.520; U.S. Dept. of Health & Human Services, “Notice of Privacy Practices”, available at https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/privacy-practices-for-protected-health-information/index.html

²⁹ 20 U.S.C. § 1232g.

³⁰ 34 C.F.R. § 99.1(a)(“Except as otherwise noted in § 99.10, this part applies to an educational agency or institution to which funds have been made available under any program administered by the Secretary, if (1) The educational institution provides educational services or instruction, or both, to students; or (2) The educational agency is authorized to direct and control public elementary or secondary, or postsecondary educational institutions.”).

³¹     See e.g. 34 C.F.R. § 99.31(a)(1)(i)(B)(“A contractor, consultant, volunteer, or other party to whom an agency or institution has outsourced institutional services or functions may be considered a school official under this paragraph provided that the outside party– (1) Performs an institutional service or function for which the agency or institution would otherwise use employees;  (2) Is under the direct control of the agency or institution with respect to the use and maintenance of education records; and (3) Is subject to the requirements of § 99.33(a) governing the use and redisclosure of personally identifiable information from education records.”).

³² 20 U.S.C. § 1232g (a)(4)(A)(“…the term “education records” means, except as may be provided otherwise in subparagraph (B), those records, files, documents, and other materials which—(i) contain information directly related to a student; and (ii) are maintained by an educational agency or institution or by a person acting for such agency or institution.”).

³³ 34 C.F.R. § 99.3.

³⁴  34 C.F.R. § 99.3(b)(1) (“’Education Records’… (b) The term does not include: (1) Records that are kept in the sole possession of the maker, are used   only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.”).

³⁵ 34 C.F.R. § 99.3(b)(4) (“(b)The term does not include. . . (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are: (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity; (ii)Made, maintained, or used only in connection with treatment of the student; and (iii)Disclosed only to individuals providing the treatment. For the purpose of this definition,“treatment” does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution”).

³⁶ 34 C.F.R. § 99.3(b)(2).

³⁷ U.S. Dept. of Health and Human Services & U.S. Dept. of Education Joint Guidance on the Application of the Family Educational Rights and Privacy Act (FER- PA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) To Student Health Records, November 2008, [hereinafter Joint Guidance], at page 2; see also U.S. Dept. of Education, Family Policy Compliance Office,“Letter to Ms. Martha Holloway, Alabama Department of Education”, Feb. 25, 2004.

³⁸ See U.S. Dept. of Education, Office of Management, Letter to the Honorable Suzanne Bonamici U.S. House of Representatives, June 8, 2015, available at https://www2.ed.gov/policy/gen/guid/fpco/doc/letter-to-representative-suzanne-bonamici.pdf

³⁹ U.S. Dept. of Education, Office of Management, Letter to the Honorable Suzanne Bonamici U.S. House of Representatives, June 8, 2015, available at https://www2.ed.gov/policy/gen/guid/fpco/doc/letter-to-representative-suzanne-bonamici.pdf

⁴⁰ 34 C.F.R. § 99.8(b)(1).

⁴¹  34  C.F.R. § 99.8(a)(1).

⁴² 34 C.F.R. § 99.30.

⁴³ 34 C.F.R. § 99.3 (“Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.”)

⁴⁴ The scope of the term ‘directory information’ will depend on district policy, but can include the following: the student’s name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student. 20 U.S.C. §1232g(a)(5)(A).

⁴⁵ 34 C.F.R. § 99.37. The U.S. Department of Education provides a Model Notice for Directory Information, available at http://www2.ed.gov/policy/gen/guid/fpco/ferpa/mndirectoryinfo.html

⁴⁶ The term “school official” includes school staff, such as teachers, counselors, and school nurses. A school or district may define this term more broadly in its School Board Policies so that it also includes outside consultants, contractors or volunteers to whom a school has outsourced a school function if certain conditions are met. See 34 C.F.R. § 99.31(a)(1)(i).

⁴⁷ 20 U.S.C. §1232g (b)(1): 34 C.F.R. § 99.31(a)(1)(i)(A).

⁴⁸ See 34 C.F.R §§ 99.31.

⁴⁹ Cal. Civ. Code §§ 56-56.37; Cal. Welf. & Inst. Code §§ 5328-5329.

⁵⁰ Cal. Ed. Code §§ 49060-49079.

⁵¹ 34 C.F.R. § 99.61.

⁵²    Cal. Education Code 49062 (“As used in this section, ‘information of a personal nature’ does not include routine objective information related to academic and career counseling.”).

⁵³ Cal Education Code 49600(b) (“For purposes of this section, ‘educational counseling’ means specialized services provided by a school counselor possess- ing a valid credential with a specialization in pupil personnel services who is assigned specific times to directly counsel pupils.”).

⁵⁴ Cal. Education Code 49062 (“The information shall not be revealed, released, discussed, or referred to, except as follows:

(a) Discussion with psychotherapists as defined by Section 1010 of the Evidence Code, other health care providers, or the school nurse, for the sole purpose of referring the pupil for treatment.

(b) Reporting of child abuse or neglect as required by Article 2.5 (commencing with Section 11165) of Chapter 2 of Title 1 of Part 4 of the Penal Code.

(c) Reporting information to the principal or parents of the pupil when the school counselor has reasonable cause to believe that disclosure is necessary to avert a clear and present danger to the health, safety, or welfare of the pupil or the following other persons living in the school community: administrators, teachers, school staff, parents, pupils, and other school community members.

(d) Reporting information to the principal, other persons inside the school, as necessary, the parents of the pupil, and other persons outside the school when the pupil indicates that a crime, involving the likelihood of personal injury or significant or substantial property losses, will be or has been committed.

(e) Reporting information to one or more persons specified in a written waiver after this written waiver of confidence is read and signed by the pupil and preserved in the pupil’s file.

Notwithstanding the provisions of this section, a school counselor shall not disclose information deemed to be confidential pursuant to this section to the parents of the pupil when the school counselor has reasonable cause to believe that the disclosure would result in clear and present danger to the health, safety, or welfare of the pupil.

Notwithstanding the provisions of this section, a school counselor shall disclose information deemed to be confidential pursuant to this section to law enforcement agencies when ordered to do so by order of a court of law, to aid in the investigation of a crime, or when ordered to testify in any administrative or judicial proceeding.

Nothing in this section shall be deemed to limit access to pupil records as provided in Section 49076.

Nothing in this section shall be deemed to limit the counselor from conferring with other school staff, as appropriate, regarding modification of the pupil’s academic program.

It is the intent of the Legislature that counselors use the privilege of confidentiality under this section to assist the pupil whenever possible to communicate more effectively with parents, school staff, and others.

No person required by this section to keep information discussed during counseling confidential shall incur any civil or criminal liability as a result of keeping that information confidential.

As used in this section, “information of a personal nature” does not include routine objective information related to academic and career counsel.

⁵⁵ National Forum on Education Statistics, “Forum Guide to Protecting the Privacy of Student Information: State and Local Education Agencies,” NCES 2004–330, Washington, DC: 2004, available at http://nces.ed.gov/pubs2004/2004330.pdf.

⁵⁶ U.S. Dept. of Education “Resources,” available at https://studentprivacy.ed.gov/resources

⁵⁷ 45 C.F.R. § 160.103(“Protected Health Information…Protected health information excludes individually identifiable health information in: (i) Education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. §1232g; ….”).

⁵⁸ Joint Guidance on page 4.

⁵⁹ U.S. Dept. of Education, Family Policy Compliance Office, Letter to Ms. Melanie P. Baise, University of New Mexico, November 29, 2004, available at http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/baiseunmslc.html

⁶⁰ U.S. Dept. of Education, Family Policy Compliance Office, Letter to Ms. Melanie P. Baise, University of New Mexico, November 29, 2004, available at http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/baiseunmslc.html

⁶¹     Id.

⁶²     Id.

⁶³ 45 C.F.R. § 160.103.

⁶⁴ 45 C.F.R. § 160.103(“Health care provider means a provider of services … a provider of medical or health services … and any other person or organization who furnishes, bills, or is paid for health care in the normal course of business.”).

⁶⁵ See 45 C.F.R. Part 162; see Privacy Rights Clearinghouse, HIPAA Basics, available at http://www.privacyrights.org/fs/fs8a-hipaa.htm#3; see also Dept. of Health & Human Services, Covered Entity Chart, available at https://www.cms.gov/regulations-and-guidance/hipaa-administrative-simplification/ hipaageninfo/areyouacoveredentity.html.

⁶⁶ See, e.g., Cal. Family Code § 6922(c); Cal. Health & Safety Code §§ 123110(a); Cal. Civ. Code § 56.10.

⁶⁷ See, e.g., Cal. Health & Safety Code §§ 123110(a), 123115(a)(1); Cal. Civ. Code §§ 56.10, 56.11; Cal. Fam. Code § 6929(c); 42 C.F.R. §2.14.

⁶⁸ Cal. Health & Safety Code §§ 123110(a), 123115(a)(1); Cal. Civ. Code §§ 56.10, 56.11). For information on the confidentiality laws that apply to Title X and drug treatment services, see Gudeman, Madge, “The Federal Title X Family Planning Program: Privacy and Access Rules for Adolescents,” Youth Law News Jan.-Mar. 2011 and see Gudeman, “Federal Privacy Protection for Substance Abuse Treatment Records: Protecting Adolescents,” Youth Law News, July-Sep. 2003.

⁶⁹ Cal. Health & Saf. Code § 123115(a)(2); see 45 C.F.R. §§ 164.502(a)(1)(ii),164.506. (online NCYL chart cites 45 C.F.R. § 164.502(g)(5).

⁷⁰ 34 C.F.R. § 99.31(a)(8).

⁷¹ 34 C.F.R. § 99.3 (“Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.”).

⁷² Cal. Education Code § 49069.

⁷³ Cal. Civ. Code § 56.10(c)(1); 45 C.F.R. § 164.506(c)(2); 45 C.F.R. § 164.501 (defining “treatment”).

⁷⁴ For a definition of psychotherapy notes, see 45 C.F.R 164.501 and speak to your own counsel. 45 C.F.R. 164.502(a)(1)(ii); 45 C.F.R. 164.506; 45 C.F.R. 164.508(a)(2); Cal. Welfare & Inst. Code § 5328(a). Compare Cal Civ. Code §§ 56.10(c)(1); 56.104.

⁷⁵ Cal. Civ. Code § 56.05.

⁷⁶ See 34 C.F.R. § 99.31(a)(1)(i).

⁷⁷ 20 U.S.C. § 1232g (b)(1): 34 C.F.R. § 99.31(a)(1)(i)(A).

⁷⁸ See U.S. Dept. of Education, Office of Management, Letter to the Honorable Suzanne Bonamici U.S. House of Representatives, June 8, 2015, available at https://www2.ed.gov/policy/gen/guid/fpco/doc/letter-to-representative-suzanne-bonamici.pdf

⁷⁹ 45 CFR § 164.512(j)(1), (4).

⁸⁰ 45 C.F.R §§ 164.508(a)(2)(ii); 45 CFR 164.501(“Psychotherapy notes means notes recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session and that are separated from the rest of the individual’s medical record. Psychotherapy notes exclude medication prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests and any summary of the following items: diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date.”).

⁸¹ Cal. Civ. Code § 56.10 (c)(19)(“The information may be disclosed, consistent with applicable law and standards of ethical conduct, by a psychotherapist, as defined in Section 1010 of the Evidence Code, if the psychotherapist, in good faith, believes the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a reasonably foreseeable victim or victims, and the disclosure is made to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat.”).

⁸² 34 C.F.R. § 99.36; U.S. Dept. of Education. Family Compliance Policy Office, Letter to the University of New Mexico re: Applicability of FERPA to Health and Other State Reporting Requirements, Nov. 29, 2004, available at http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/baiseunmslc.html.

⁸³ U.S. Dept. of Education, Family Policy Compliance Office, “Letter to Ms. Martha Holloway, Alabama Dept. of Education”, Feb. 25, 2004.

⁸⁴ 34 C.F.R. § 99.36(c).

⁸⁵ Cal. Penal Code § 11165.7

⁸⁶ Cal. Penal Code § 11166(a).

⁸⁷ 45 C.F.R. 164.512(b)(1)(ii); Ca. Civ. Code § 56.10(b)(9); People ex rel. Eicheberger v. Stockton Pregnancy Control Medical Clinic, Inc., 249 Cal. Rptr. 762, 768 (3rd Dist. Ct. App. 1988).

⁸⁸ Cal. Penal Code § 11165.7

⁸⁹ U.S. Dept. of Education, Family Policy Compliance Office, Letter to Ms. Melanie P. Baise, University of New Mexico, November 29, 2004, available at http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/baiseunmslc.html

⁹⁰ 20 USC § 1232g(a)(4)(A).

⁹¹ 34 C.F.R. § 99.3(b)(1) (“Education Records… (b) The term does not include: (1) Records that are kept in the sole possession of the maker, are used  only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.”).

⁹² 34 C.F.R. § 99.3(b)(4) (“(b)The term does not include:… (4)Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are: (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity; (ii)Made, maintained, or used only in connection with treatment of the student; and (iii)Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution”).

⁹³ Joint Guidance on page 4.

⁹⁴ 45 C.F.R. 164.501.

⁹⁵ Joint Guidance on page 2.

⁹⁶ 34 C.F.R. 99.8(b).

⁹⁷ 34 C.F.R. § 99.36; U.S. Dept. of Education Family Compliance Policy Office, Letter to the University of New Mexico re: Applicability of FERPA to Health and Other State Reporting Requirements, Nov. 29, 2004, available at http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/baiseunmslc.html.

⁹⁸ U.S. Dept. of Education, Family Policy Compliance Office, “Letter to Ms. Martha Holloway, Alabama Dept. of Education”, Feb. 25, 2004.

⁹⁹ 34 C.F.R. § 99.36(c).

¹⁰⁰ 20 USC § 1232g(a)(4)(A).

¹⁰¹  34 C.F.R. § 99.3(b)(1) (“’ Education Records’… (b) The term does not include: (1) Records that are kept in the sole possession of the maker, are used   only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.”).

¹⁰² 34 C.F.R. § 99.3(b)(4) (“(b)The term does not include:… (4)Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are: (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity; (ii)Made, maintained, or used only in connection with treatment of the student; and (iii)Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution”).

¹⁰³ Joint Guidance on page 4.

¹⁰⁴ See 45 C.F.R. § 164.506.

¹⁰⁵ Joint Guidance on page 2.

¹⁰⁶ 34 C.F.R. 99.8(b).

¹⁰⁷ 34 C.F.R. § 99.36; U.S. Dept. of Education Family Compliance Policy Office, Letter to the University of New Mexico re: Applicability of FERPA to Health and Other State Reporting Requirements, Nov. 29, 2004, available at http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/baiseunmslc.html.

¹⁰⁸ U.S. Dept. of Education., Family Policy Compliance Office, “Letter to Ms. Martha Holloway, Alabama Dept. of Education”, Feb. 25, 2004.

¹⁰⁹ 34 C.F.R. § 99.36(c).

¹¹⁰ 20 USC § 1232g(b)(1).

¹¹¹ U.S. Dept. of Education, Office of Management, Letter to the Honorable Suzanne Bonamici U.S. House of Representatives, June 8, 2015, available at https://www2.ed.gov/policy/gen/guid/fpco/doc/letter-to-representative-suzanne-bonamici.pdf.

¹¹² 20 USC § 1232g(b)(1).

¹¹³ 34 C.F.R. § 99.36; U.S. Dept. of Education Family Compliance Policy Office, “Letter to the University of New Mexico re: Applicability of FERPA to Health and Other State Reporting Requirements,” Nov. 29, 2004, available at http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/baiseunmslc.html.

¹¹⁴ U.S. Dept. of Education, Family Policy Compliance Office, “Letter to Ms. Martha Holloway, Alabama Dept. of Education”, Feb. 25, 2004.

¹¹⁵   34 C.F.R. § 99.33(a)(1).

¹¹⁶   20 USC § 1232g(b)(1).

¹¹⁷ U.S. Dept. of Education, Office of Management, “Letter to the Honorable Suzanne Bonamici U.S. House of Representatives,” June 8, 2015, available at https://www2.ed.gov/policy/gen/guid/fpco/doc/letter-to-representative-suzanne-bonamici.pdf.

¹¹⁸ 20 USC § 1232g(b)(1).

¹¹⁹ 34 C.F.R. § 99.36; U.S. Dept. of Education Family Compliance Policy Office, “Letter to the University of New Mexico re: Applicability of FERPA to Health and Other State Reporting Requirements,” Nov. 29, 2004, available at http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/baiseunmslc.html.

¹²⁰ U.S. Dept. of Education, Family Policy Compliance Office, “Letter to Ms. Martha Holloway, Alabama Dept. of Education”, Feb. 25, 2004.

¹²¹ U.S. Dept. of Education, Family Policy Compliance Office,“Letter to Clark County School District (NV) re: Disclosure of Education Records to Outside Service Providers,” June 28, 2006, available at http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/clarkcty062806.html.

¹²² U.S. Dept. of Education Family Compliance Policy Office, Letter to the University of New Mexico re: Applicability of FERPA to Health and Other State Report- ing Requirements, Nov. 29, 2004, available at http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/baiseunmslc.html.

¹²³ See, e.g., Cal. Health & Safety Code §§ 123110(a), 123115(a)(1); Cal. Civ. Code §§ 56.10, 56.11; Cal. Fam. Code § 6929(c); 42 C.F.R. §2.14.

¹²⁴ 20 USC § 1232g(b)(1).

¹²⁵ U.S. Dept. of Education, Office of Management, “Letter to the Honorable Suzanne Bonamici U.S. House of Representatives,” June 8, 2015, available at https://www2.ed.gov/policy/gen/guid/fpco/doc/letter-to-representative-suzanne-bonamici.pdf.

¹²⁶ 34 C.F.R. § 99.10.

¹²⁷ 34 C.F.R. § 99.5.

¹²⁸ Educ. Code § 48205; 87 Ops. Cal. Atty. Gen. 168, 172 (2004).

¹²⁹ 34 C.F.R. § 99.8(b).

¹³⁰ 45 CFR § 164.512(j)(1), (4).

¹³¹ 45 C.F.R §§ 164.508(a)(2)(ii); 45 CFR 164.501(“Psychotherapy notes means notes recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session and that are separated from the rest of the individual’s medical record. Psychotherapy notes exclude medication prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: Diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date.”).

¹³² Cal. Civ. Code § 56.10 (c)(19)(“The information may be disclosed, consistent with applicable law and standards of ethical conduct, by a psychotherapist, as defined in Section 1010 of the Evidence Code, if the psychotherapist, in good faith, believes the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a reasonably foreseeable victim or victims, and the disclosure is made to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat.”).

¹³³ 45 C.F.R. § 164.501.

¹³⁴ Joint Guidance on page 2.