FERPA and CIIS
The Family Educational Rights and Privacy Act (FERPA) affords parents and students certain rights regarding education records. These rights extend to students in all grade levels, from preschool through postsecondary institutions. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
If a school wants to add student immunization records to CIIS, written consent must be obtained. Schools do not have to obtain written consent to look up records in CIIS.
Access to CIIS
It's the responsibility of any school that participates in CIIS to make sure it complies with any local, state or federal laws and statutes that govern its ability to provide data to CIIS.
Further, it's not the responsibility of CIIS to make sure schools comply with these laws and statutes. The Immunization Registry Act of 2007 (25-4-2403, CRS) allows for the collection of immunization information from schools. As CIIS operates under this state statute, we're permitted to receive immunization data from schools that are allowed to provide it to us.
In short, if a school participating in CIIS has determined of its own accord that it is indeed compliant with all applicable laws and statutes, then it will be allowed to enter data into CIIS.
- Our policy requires that schools notify parents about the entry of immunization information into CIIS, as parents legally have the right to exclude their child's information from the registry.
- Additionally, it's important for schools to make sure they're following their own confidentiality requirements, and if providing information in the registration packets meets that requirement, this would suffice as well.
- If you have questions about whether your educational facility is allowed to enter immunization data into CIIS, please contact your legal counsel directly.