Does HIPPA apply in schools?

[JakesMomPA]

What is the name of your state (only U.S. law)? PA

I have a daughter who is in the 10th grade in Pennsylvania. She has been absent from school due to type A Influenza. She was out of the school from the 9th to the 15th (September) returning to school on the 16th. She has been fever free for 4 days prior to returning to school. I work at a local hospital here in Pennsylvania and used the same policy for my daughter to return to school. CDC requires 7 days from onset of symptoms or symptom free whichever is longer. My daughter was in her 6th period History class and her teacher asked her why she was out of school. She replied by what our Emergency Department had told her. She tested positive to type A Influenza on a rapid test. The doctor in the ER told her H1N1 (a type of A influenza) and A are treated the same way with Tamiflu, rest and hyrdration. She said the rest of the class was taking a quiz (this was her first day back so she was getting make up work), and she started to cough. The teacher announced her name and and asked her to leave his class and go to the hallway, that he did not want to get Swine flu. She asked if he was serious and he said yes. She said she gathered her books and went to the hallway. From the hallway, she sent me a text message that she was tossed out of her classroom. I called the school and asked why my daughter was in the hallway and not in her classroom. They asked me how I knew she wasn't in her classroom. I told them she sent me a text message explaining what the teacher did/said. The assistant principal went to the classroom and found my daughter in the hallway. This was the end of the day. My daughter had her private medical information announced to a classroom by this teacher. Is there HIPPA in a classroom. Also, my daughter was given 3 days detention for using her cell phone to send me a text message. I got no resolution from the assitant prinicipal so also spoke to the Principal who lowered it to 1 day of detention. I feel she should get no days of detention and that her rights were violated by this teacher. Do I have any recourse?

[Zigner]

Originally Posted by JakesMomPA

What is the name of your state (only U.S. law)? PA

I have a daughter who is in the 10th grade in Pennsylvania. She has been absent from school due to type A Influenza. She was out of the school from the 9th to the 15th (September) returning to school on the 16th. She has been fever free for 4 days prior to returning to school. I work at a local hospital here in Pennsylvania and used the same policy for my daughter to return to school. CDC requires 7 days from onset of symptoms or symptom free whichever is longer. My daughter was in her 6th period History class and her teacher asked her why she was out of school. She replied by what our Emergency Department had told her. She tested positive to type A Influenza on a rapid test. The doctor in the ER told her H1N1 (a type of A influenza) and A are treated the same way with Tamiflu, rest and hyrdration. She said the rest of the class was taking a quiz (this was her first day back so she was getting make up work), and she started to cough. The teacher announced her name and and asked her to leave his class and go to the hallway, that he did not want to get Swine flu. She asked if he was serious and he said yes. She said she gathered her books and went to the hallway. From the hallway, she sent me a text message that she was tossed out of her classroom. I called the school and asked why my daughter was in the hallway and not in her classroom. They asked me how I knew she wasn't in her classroom. I told them she sent me a text message explaining what the teacher did/said. The assistant principal went to the classroom and found my daughter in the hallway. This was the end of the day. My daughter had her private medical information announced to a classroom by this teacher. Is there HIPPA in a classroom. Also, my daughter was given 3 days detention for using her cell phone to send me a text message. I got no resolution from the assitant prinicipal so also spoke to the Principal who lowered it to 1 day of detention. I feel she should get no days of detention and that her rights were violated by this teacher. Do I have any recourse?

No rights violated.
And, teach your kid not to text on school grounds if it's against the rules.

[ecmst12]

Her teacher acted inappropriately (IMO) but this has nothing to do with HIPAA. Next time the teacher asks her something that is none of their business, your daughter should tell them it's none of their business. Politely, of course.

[cbg]

Not to mention that even if HIPAA did apply in schools, which it does not, this would not be a HIPAA violation. HIPAA is by no means as broad as most people think it is and since your daughter gave the teacher the information, even if HIPAA did apply, it would not be considered protected health information.

[JakesMomPA]

Thanks for your replies. I do not want my child to think she is above any rules set forth by the school or the country for that matter. And for that reason, she will be attending the detention, so thank you for reminding me of that fact. I guess I am upset that a teacher could show such disrespect. I believe that my solution (after reading the replies) and thinking myself on what would be "right"; is to ask that the teacher apologize to my daughter (in private between my daughter, the teacher and the principal) for sharing personal information given to the teacher to the entire class. And I am also going to ask that the school create some type of policy to be used in the future to deal with situations like this. What should a teacher do with a student that he/she is either fearful for themselves or their students with regards to the flu (or any sickness). I myself believe that this teacher would have made a better decision to send my daughter to the nurses office versus leaving her to sit in a hallway. Unfortunately, we had a death in our community from H1N1 the same day this occurred. I have to think that that is the reason for the teachers lapse of judgement. Some of her classmates are now looking at her like she is typhoid mary. Again, thanks for your opinions in this matter.