violated at school

[Amplady2008]

Iowa law:

My children were enrolled in the public school system of our small town. In 5th grade he came into some medical issues. We chose to keep it on a need to know basis which included the school needing to know. It is not something you would know by looking or talking with him and he is capable of doing almost everything other kids do he played football, basketball, runs hurdles in track, was in band & choir & 4H and Boy Scouts. We had a few meetings with the elementary school principal and school nurse as well as the homeroom teacher. The school nurse and principal took it from there with the staff and I was told they were informing them of changes in our sons life but was never given the specific information.

The summer after he was in sixth grade his 5th grade homeroom teacher took the private/confidential information she had been given privledge to as his teacher/caregiver and informed teenagers & adults about it outside of school and the schools need/rights to that information. I have had a sit down meeting with the principal and teacher where she admited what she did but tried to justify it as well as lie about why she told that information.

I went to the superintendent whom has addressed it with her however says he can not tell me what if anything was done disciplinary wise to her. I know what she did is illegal. This teacher would be my youngest sons teacher this year however things have became so bad with the school I have pulled both of my children out to homeschool as I can not trust that any information I would need to give them would be kept confidential. I know what she did is illegal it is a violation of private and confidential information and part of the privacy act. I can not however, find an attorney to handle this situation and help me make an example out of her. I personally know of two other school employees that have been overheard by my spouse as repeating private information at public places and it does not appear the school system has learned anything from this.

Her bad decision and wreckless judgement has effected him and our family. He has chosen to pull back from extra activities and from the community. He doesnt want to go anywhere to do anything beyond Scouts and football where he feels safe (we try to encourage him to be active). I need to know legally what I can do about it. Thanks

 

[las365]

I don't think the teacher violated any law. She may have been wrong in the lay sense, but not in the legal sense. It sounds like you have taken a lot of trouble to make sure the people who are around your son the most know about his condition (and it might help people give you advice if you went ahead and said what it is) and perhaps she really was making a misguided attempt to assist him by telling the people he would be around during the summer about his problem.

Or maybe she's just a gossip.

I think this is the law you are thinking of, but to my very limited knowledge, it only applies to educational records, not to medical information.

Family Educational Rights and Privacy Act (FERPA)

 

[Perky]

Actually, medical information on file at the school is considered part of the educational record, and is therefore covered under FERPA. The teacher should have known better, and her excuse does not justify her actions. Violations can be reported to the Dept of Ed. The contact info can be found here:

http://www.ed.gov/policy/gen/guid/fpco/index.html

Good luck.

 

[cyjeff]

Typically, medical information is covered under HIPAA.

However, FERPA may or may not apply depending upon the affliction the child has....

From the FERPA website...

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

• School officials with legitimate educational interest;
• Other schools to which a student is transferring;
• Specified officials for audit or evaluation purposes;
• Appropriate parties in connection with financial aid to a student;
• Organizations conducting certain studies for or on behalf of the school;
• Accrediting organizations;
• To comply with a judicial order or lawfully issued subpoena;
• Appropriate officials in cases of health and safety emergencies; and
• State and local authorities, within a juvenile justice system, pursuant to specific State law

.

There could, depending on the affliction, a case to be made for notifying the proper folks.

 

[Amplady2008]

As I mentioned before I dont tell people unless they need to know for my childs welfare what his medical condition is as it is not one you would know he has by looking at him. He has been regulated by medication since before this situation with the teacher happened. She only had the information as his teacher which should have been confidential. I have been told its not HIPA because the school is not a medical facility that it would be a disclosure of private and confidential information.
Thanks for the help!

 

[las365]

She is the city pool manager during the summer and while she was reviewing with her staff how to handle situations at a mandatory training meeting she brought up my son saying she knew he would be using the pool this summer as he has been on swim team for years and my kids did spend a lot of time at the pool

I don't think she did anything wrong. Not a legal opinion, as I am not a lawyer.

Your son has XXX? Why won't you just say it? It's a medical condition, not a source of shame. A lawsuit is not your solution.

 

[Perky]

First, FERPA absolutely applies. No if, ands, or buts.

The teacher was privy to the information only because she is a staff member of the school.

The information is covered under FERPA because it is part of the child's education record. It is part of the education record because the information was shared with school officials. It was most assuredly documented by the school nurse.

Appropriate officials in cases of health and safety emergencies

The teacher's actions do not fall under this exception. There was no emergency. The teacher had no authority to act as a representative of the school district in her summer job, so her disclosure falls outside the realm of any FERPA exceptions. In addition, she did not disclose the information to "appropriate officials." She informed her entire staff.

at a mandatory training meeting she brought up my son saying she knew he would be using the pool this summer

What she did WAS wrong. She violated FERPA by naming the child. What she did was wrong in the lay sense, AND in the legal sense.

If she was concerned about the staff's reaction to an xxx seizure, then she should have provided a training session. There was no need to inform her pool staff of any individual's personal, confidential, medical information. The child's medical information, that she knew only because it was part of his education record, is protected by FERPA.

However, FERPA may or may not apply depending upon the affliction the child has..

FERPA does not quantify or qualify afflictions. If it is part of the education record, it is confidential.

There could, depending on the affliction, a case to be made for notifying the proper folks.

This is not a decision that should be made by individual teachers, and I'm quite sure the teacher knew it. As a teacher myself, I can attest to the workshops and inservices that I've had to attend so that I am aware of all confidentiality issues related to FERPA.

Furthermore, OP states that her son wears a medical bracelet. Even in an emergency, the teacher would not have to disclose the information. That information is readily available, via the bracelet, if and when an emergency occurs.

OP, I believe you have every right to report the incident to the DOE. I do agree with the other posters that you probably have no basis for a lawsuit at this time. However, if the DOE investigates and finds the district or teacher liable for a violation, then you can contact an attorney about legal recourse.

I also agree that if your son hasXXX, it may not be in his best interest to make it seem so hideous or shameful through the secrecy. However, that wasn't the point of your post, so I hope I've helped with the legal aspects.

 

[cyjeff]

First, FERPA absolutely applies. No if, ands, or buts.

Not necessarily. You are assuming facts not in evidence.

The teacher was privy to the information only because she is a staff member of the school.

The information is covered under FERPA because it is part of the child's education record. It is part of the education record because the information was shared with school officials. It was most assuredly documented by the school nurse.

Mom says Junior wears a medical alert bracelet. Therefore, if the clerk at CVS could get the information without breaking into his school records, the sanctity of the "secrets" kept within is murky.

The teacher's actions do not fall under this exception. There was no emergency. The teacher had no authority to act as a representative of the school district in her summer job, so her disclosure falls outside the realm of any FERPA exceptions. In addition, she did not disclose the information to "appropriate officials." She informed her entire staff.

Again, reasonable assumptions must apply.

What she did WAS wrong. She violated FERPA by naming the child. What she did was wrong in the lay sense, AND in the legal sense.

If she was concerned about the staff's reaction to an XX seizure, then she should have provided a training session. There was no need to inform her pool staff of any individual's personal, confidential, medical information. The child's medical information, that she knew only because it was part of his education record, is protected by FERPA.

ya know what... no matter how many times you stomp your foot, it doesn't change the facts in the case.

If there was a legal and verifiable method of obtaining the same information outside of the standard school records, then the teacher is fine.

Furthermore, OP states that her son wears a medical bracelet. Even in an emergency, the teacher would not have to disclose the information. That information is readily available, via the bracelet, if and when an emergency occurs.

Boy, it took you a long time to agree with me.

Again, reasonable measures must be assumed.

At a pool, would you tell your life guards if a child showed up carrying oxygen? How about if that same child was paralyzed?

Would it be prudent to alert the staff as to issues before they occur? You know, so that the life guards don't stand on the side of the pool yelling "Stop goofing around" when the OP's child is in the midst of a seizure.

We are also talking about a child that is going to wear a medical alert badge TO A POOL. Where, unless he has decided to be really creative with it, the entire pool will see it.

Public knowledge is not protected.

OP, I believe you have every right to report the incident to the DOE. I do agree with the other posters that you probably have no basis for a lawsuit at this time. However, if the DOE investigates and finds the district or teacher liable for a violation, then you can contact an attorney about legal recourse.

Careful

On what grounds? The sharing of public knowledge? As long as that public knowledge is truth or believed to be truth, what is the LEGAL basis of the suit?

I also agree that if your son has xxx, it may not be in his best interest to make it seem so hideous or shameful through the secrecy. However, that wasn't the point of your post, so I hope I've helped with the legal aspects.

Nope, you confused the heck out of the issue.

And before you start preaching, my wife is a teacher and a coach.

She had a girl that was pregnant. She didn't say a word to anyone. However, when the new little mother started to tell the world (including a very public argument with the new daddy to be), the information was no longer protected.

Are we also sure, by the way, that the boy has told no one?

XXX is not a reason to lock him in the basement or to tell him to mistrust and hate his own body.

 

[Perky]

Not necessarily. You are assuming facts not in evidence.

I haven't assumed anything. Everything I stated is based on the OP's post. However, you have made tons of assumptions.

Mom says Junior wears a medical alert bracelet. Therefore, if the clerk at CVS could get the information without breaking into his school records, the sanctity of the "secrets" kept within is murky.

What makes you think the clerk at CVS can get the information from a bracelet? Not all bracelet styles include information on the face, and even when they do, it takes more than a casual glance to read it. Nothing murky here.

Again, reasonable assumptions must apply.

What sorts of reasonable assumptions would apply to the situation?

ya know what... no matter how many times you stomp your foot, it doesn't change the facts in the case.

A little sensitive, aren't we? Sorry if I stepped on your toes by disagreeing with your incomplete and unfounded advice.

If there was a legal and verifiable method of obtaining the same information outside of the standard school records, then the teacher is fine.

Where did you find anything that suggested the information is public knowledge, or otherwise attainable by the teacher outside of school records?

Boy, it took you a long time to agree with me.

Uh, you must have misread my words.

Again, reasonable measures must be assumed.

At a pool, would you tell your life guards if a child showed up carrying oxygen? How about if that same child was paralyzed?

Would it be prudent to alert the staff as to issues before they occur? You know, so that the life guards don't stand on the side of the pool yelling "Stop goofing around" when the OP's child is in the midst of a seizure.

We are also talking about a child that is going to wear a medical alert badge TO A POOL. Where, unless he has decided to be really creative with it, the entire pool will see it.

Public knowledge is not protected.

Again, fast and loose with the assumptions. Did you miss this part in the original post:

My son is only out of parental supervision while in the school and anytime there is a fieldtrip, athletic practice or competition one of us (his parents) is somewhere on the sidelines.

Or this:

my kids did spend a lot of time at the pool (always with one or both of their parents there)

Careful

On what grounds? The sharing of public knowledge? As long as that public knowledge is truth or believed to be truth, what is the LEGAL basis of the suit?

Again, you're assuming that the information is public. There is nothing to suggest that.

Nope, you confused the heck out of the issue.

And before you start preaching, my wife is a teacher and a coach.

She had a girl that was pregnant. She didn't say a word to anyone. However, when the new little mother started to tell the world (including a very public argument with the new daddy to be), the information was no longer protected.

Good, sounds like your wife understands FERPA. However, once again, there is nothing in the OP's posts that suggest that the child's medical information was made public.

Are we also sure, by the way, that the boy has told no one?

Epilepsy is not a reason to lock him in the basement or to tell him to mistrust and hate his own body.

I responded to a post about a FERPA violation. I based my advice and comments on the information in the post, as well as my knowledge of FERPA. I did not attack you in any way, nor did I feel that I had to focus on the way the parents handle their son's medical situation.

You are certainly entitled to express your views about anything posted, but confusing what you think may have happened with what the poster stated is misleading and not very helpful IMO.

 

[Rexlan]

It appears to me that the school, and everyone except you, has tried to act in the best interest of the child. Why in the world would you want the information withheld? In the event there was an episode would you not want the people immediately in control to know what the hell was going on?

And how on earth can this have hurt your family or cost you money ...you are not reasonable and it appears to me that you are looking for something else. I suspect that should the child have an episode not handled to your satisfaction that you would want to sue them for that too.

And now look at you ... blabbing all over the Internet on a public forum .... come on. Do yourself a favor and get some counseling. I suspect that your irrational demeanor is what is affecting your child at this point and that you have him convinced that he is a leper or something instead of a normal child with an unfortunate medical condition that can be dealt with.

Otherwise get an attorney (one that you are willing to pay) and have at it. I think you are in for a big surprise when you start shaking the tree.

You don't need to flame me ... If you are that responsible parent then just consider the facts and what you have said.

 

[Amplady2008]

First of all we do not treat his medical condition as if it is shamful or anything else people on here are suggesting. Nor do we keep it from those that need to know about it (we didnt hide it from the school obviously) but we have the right to decide who needs to know about it. Does the cashier at the grocery store need to know NO, does the worker at the bowling alley need to know NO, if he were to have a medcial situation they would call 911 and they would be able to assess the situation and handle it very well I am sure. Do you expect him to walk around with a sign around his neck announcing this medical condtion?????

We choose who we want to tell which is our legal right. It is our right to be as protective or informative as we choose to be. We have chosen to keep it private as he was a pre-teen and now is a teenager and there is enough changes going on it a kids life at that age we chose to keep this on a need to know basis. And maybe we keep it private because people like some of the ones posting comments comparing my child to a china cup or saying we need counseling to deal with his medical condition. I could care less what your opinion is on how we need to deal with his medical condition, he is very well taken care of medically and otherwise. NO ONE has a right to judge our decision in that matter.

This teacher did not talk to us and ask us if or what we would like shared. Or what the level of his medical condition was at the current time. This was not an accident, it did not just slip out. She took my son and my right to make the decision of whom we wanted informed away because she had this confidential informaiton.

I am looking for legal information to try and get across to this teacher and the school that what she did is wrong and that they need to do things differently which has not happened. I do not need nor want anyones oppinions on how to parent my child or handle his medical condition. This is a legal forum.

To everyone else helping with the legal aspect thanks!

 

[cyjeff]

I sincerely hope that your hiding of your son's condition from the people around him doesn't come back to harm HIM.

I also hope that, in case of an emergency, whomever is trying to help your son has access to either the code book or to a working cell phone.

 

[cyjeff]

I responded to a post about a FERPA violation. I based my advice and comments on the information in the post, as well as my knowledge of FERPA. I did not attack you in any way, nor did I feel that I had to focus on the way the parents handle their son's medical situation.

You are certainly entitled to express your views about anything posted, but confusing what you think may have happened with what the poster stated is misleading and not very helpful IMO.

The last line in that post was not directed at you but at the OP.

As for the rest, all that the teacher would have to prove is that someone outside the school administration knew about the condition.

I would start with any of the boy's friends that saw the bracelet at the pool.

I still don't understand all this. Growing up, there was a kid with XXX in the neighborhood. We all knew what to do and what not to do when his parents sat us down during our first overnight.

We asked some questions, learned a bunch, and never really worried about it again. The kid had one grande mal seizure during boy scout camp, but we all knew what to do because we knew what the situation was.

To my knowledge, no one ever thought he was less a kid or made fun of him for it... because he was open and honest about it.

When you make it a secret, people think you have something to hide.

 

[cyjeff]

That is the joy of an internet board... you don't get to choose who responds.

What you need to do is get an attorney and sue.

 

[Hot Topic]

Sometimes people come to the forums for the sole purpose of having people tell them they're right and the other guy is wrong when they would probably be better off just to go ahead and sue the other guy.