Student-privacy laws complicate schools' ability to prevent attacks

Student-privacy laws complicate schools' ability to prevent attacks

The girl accused of stabbing two schoolmates at Snohomish High School last week had previously threatened the life of another student, but the district was barred from disclosing the information because of laws protecting the privacy of students.

Seattle Times staff reporter

Five months before she allegedly attacked two schoolmates with a knife, nearly killing one, a Snohomish High School student underwent counseling after she threatened to kill another student's boyfriend.

The 15-year-old Snohomish girl was allowed to return to school only after she presented proof she had attended counseling.

The earlier threats would have never been made public if the information wasn't contained in court documents charging the girl with first-degree attempted murder and first-degree assault in last Monday's attack.

Some Snohomish parents were surprised to learn of the earlier threat and have expressed concern that they weren't notified.

But student information, including mental-health records, is tightly held by school districts because of federal privacy laws. The district says it cannot even discuss whether counselors or teachers were made aware of the earlier threats because of privacy laws.

The case underscores the delicate and complicated balancing act faced by schools in their efforts to meet the educational and privacy rights of individual students, as well as their need to ensure the safety of the larger student body.

"It's a difficult situation, there's no two ways about that," said Judith Billings, a former superintendent of public instruction in Washington. "And it's much more common than people are willing to admit."

Along with the right to free education, students have a right to privacy, according to state and federal administrative codes and laws. Those laws are set out in the Health Insurance Portability and Accountability Act, the Family Educational Rights and Privacy Act, the Revised Code of Washington and Washington's Administrative Code Title 392.

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Student-privacy laws complicate schools' ability to prevent attacks
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