When providing consultation in a student's classroom without compensation from the school, which regulation applies?

In a classroom setting, the primary regulation that applies to an individual's consultation on student-related matters without compensation from the school is HIPAA, especially if the consultation involves health information or services provided by a health care professional. HIPAA, or the Health Insurance Portability and Accountability Act, governs the privacy and security of health information. If the consultation includes identifying or discussing the health needs of the students, HIPAA would be relevant to ensure the protection of personal health information.

While FERPA, or the Family Educational Rights and Privacy Act, protects the privacy of student education records, in this scenario it is specifically focused on educational information rather than health-related consultations. Without a financial transaction between the consultant and the school, the constraints of FERPA regarding student educational records typically would not apply here. Therefore, HIPAA is the appropriate regulation to consider in this context where health information confidentiality may be relevant.