PRIVACY AND COMPLIANCE IN SCHOOL-BASED BEHAVIORAL HEALTH SERVICES: Navigating FERPA, HIPAA, and Nevada Law

September 3, 2025

In March 2025, the Guinn Center published a study titled School-Based Behavioral Health Services: An Analysis of Policies, Practices, and Funding Strategies to Enhance Implementation in Nevada, which examined Nevada’s existing school-based behavioral health system and identified opportunities to strengthen implementation.

While interviewing Nevada stakeholders, the research team found that the confidentiality requirements in two key federal laws are causing significant concern and confusion among school staff, parents, and community health providers: the Federal Education Rights and Privacy Act, commonly referred to as FERPA, and the Health Insurance Portability and Accountability Act, commonly referred to as HIPAA.

This brief explores the nexus of FERPA and HIPAA in school-based behavioral health services and provides:

  • An overview of the federal laws, including key definitions and their application in school-based behavioral health;
  • Key considerations when navigating areas of overlap between the two laws;
  • Strategies to support compliance; and
  • Best practices and planning tools from other jurisdictions.

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