Confidentiality when it comes to the schools

[BelizeBreeze]

Those facts are not actionable? I would think the fact that my full days email was sent to an outside source alone would be a huge issue. That is a massive breach of confidentilality. This is crazy. I have no clue who the spouse of this person is. I have no clue who this principal is. I even entrusted this principal as a "safe" person for my daughter to turn to. If nothing can be done about this situation legally then I find it very hard to believe.

I've signed privacy act after privacy act at doctors office, yet, there's no privacy act in the school system? This guy will just get a slap on the hands?
This is crazy.

If you feel that way then take the ENTIRE SET OF FACTS to a local attorney for review.

 

[JETX]

what was in the email?

Critical information required for an ACCURATE answer.

did it mentioned what the problem was with the child or you?

NOT RELEVANT. The email can state the childs name, address, sex, age, etc..... as long as it is not PROTECTED information.

A school official cannot discuss a student/teacher or parent/teacher or parent/administrator conference, call or, emails with an outside source.

And where did you get that 'all-inclusive' bullcrap?? Please provide ANY link to any law that says that.

Does not really matter what was discussed.

Of course it does!!

The principle discussed with his wife and forwarded an email that was specifically addressing a student and concerns said administrator had with the student and parent.

Where did you get that?? There is NOTHING in this thread saying what EXACTLY was discussed.... or addressed..... or that they were 'concerns'. Further, based on the OP, the ONLY information that was sent to the principals wife was a COPY of the email sent by the parent. Presumably, that in itself would NOT be a violation.

At this point, absent a review of the 'information' (if any) that was revealed, we can't tell if there was ANY violation.... or if the provisions of HIPAA, JCAHO, FERPA or any of the other 'alphabet-soup' protections was violated.

 

[Arthur45]

Okay, can you tell me what would be protected information? Or tell me where I can look. And would I just contact a civil lawyer or an education lawyer, as part of this was trying to get some type of special services for my daughter. And yes, that was discussed in this letter. Trying to protect my daughters mental health was basically what was discussed. It's a 4 page printed out full days email, alot of detail. And I was basically complaining at the lack of communication from the school, a physical incident which occurred against my daughter with a teacher (not sexual, physical), and how her symptoms were getting worse because of what was happening in this class. I think that's pretty personal stuff. I signed releases for the school to access to my daughters therapist and psychiatrist, and that is all, not to release her info to a spouse. And then to have that spouse leave the terrible comments back to me....and on top of that, the one who opened the email was my daughter.

 

[JETX]

Those facts are not actionable? I would think the fact that my full days email was sent to an outside source alone would be a huge issue.

Its not.

That is a massive breach of confidentilality.

What 'confidentiality'?? There is no such thing as a 'default' obligation of confidentiality.

I've signed privacy act after privacy act at doctors office, yet, there's no privacy act in the school system?

No you haven't. You have signed a HIPAA non-disclosure statement.... that is protected by federal law. Your sending an email to the principal (or anyone else) is not.

This guy will just get a slap on the hands?

Nope. He shouldn't, and won't, get even that.

 

[JETX]

Okay, can you tell me what would be protected information?

Yep.

HIPAA - Health Insurance Portability and Accountability Act of 1996
http://www.hhs.gov/ocr/hipaa/

FERPA - Family Educational Rights & Privacy Act
http://www.ed.gov/policy/gen/guid/fpco/index.html

And though I do agree with you that the conduct of the principal was certainly wrong.... I don't see where it violated any SPECIFIC statutes or law. However, it did very likely violate the school districts internal policy's. I suggest you talk with someone at the school district about this problem.

 

[JETX]

the principle is violating the law by discussing anything with his wife and for forwarding an email to her.

And EXACTLY what law would that be???

 

[HomeGuru]

the principle is violating the law by discussing anything with his wife and for forwarding an email to her.

**A: there was no violation of principle.

 

[BelizeBreeze]

**A: there was no violation of principle.

Unless the princpal WANTED to be violated

 

[Arthur45]

Okay, so all this time I've been told that my daughter's disorder would be kept quiet and not made public, I should just ignore? How is that suppose to make a child feel. These people guaranteed her that she could turn to them and they would never embarass her or tell anyone. Does it make any difference if she is special education or not? I'm sorry, but this is just so hard to believe that someone can get away with this. So in essence, they can basically open up my daughters file to whoever wants to see it. Because that's basically what's happened. I'm sorry, this is just so upsetting to me.

 

[shell007]

Okay, so all this time I've been told that my daughter's disorder would be kept quiet and not made public, I should just ignore? How is that suppose to make a child feel. These people guaranteed her that she could turn to them and they would never embarass her or tell anyone. Does it make any difference if she is special education or not? I'm sorry, but this is just so hard to believe that someone can get away with this. So in essence, they can basically open up my daughters file to whoever wants to see it. Because that's basically what's happened. I'm sorry, this is just so upsetting to me.

Just a bit of advice...Don't talk about this in front of your daughter, and she will be "none the wiser" and therefore NO embarrassment!

 

[stephenk]

How is your daughter affected? She didn't read the emails, right?

 

[Arthur45]

Yes, she did, she was sitting at the computer when it came through.

 

[BelizeBreeze]

Okay, so all this time I've been told that my daughter's disorder would be kept quiet and not made public, I should just ignore? How is that suppose to make a child feel. These people guaranteed her that she could turn to them and they would never embarass her or tell anyone. Does it make any difference if she is special education or not? I'm sorry, but this is just so hard to believe that someone can get away with this. So in essence, they can basically open up my daughters file to whoever wants to see it. Because that's basically what's happened. I'm sorry, this is just so upsetting to me.

Listen. This has gone on long enough.

I told you to take all RELEVANT FACTS that you refuse to outline here to a local attorney. Because, based on the limited facts that you shared here, YOU HAVE NO CASE. PERIOD!

 

[Arthur45]

Wow... you don't seem like too caring of a person yourself. What are RELEVANT facts? What facts would I need in order to get somewhere on this? I'm sorry, I don't know law, that's why I am here. And I don't know if because I bring up solid facts and statements if it could hurt anything I might be getting into. Can you understand that? I didn't come here to get yelled at, if you don't want to respond to me, then don't.

 

[JETX]

Okay, so all this time I've been told that my daughter's disorder would be kept quiet and not made public, I should just ignore?

And of course, no one said that. There are THREE separate issues here.
Legal.... and ethical..... and policy.
Legally, there is nothing in your post to indicate that any laws were violated.
Ethically, it certainly sounds like the principals conduct COULD be an ethical violation.
Policy, I have to ASSUME that the district has some policy as to releasing confidential information and that the principal was likely in violation of such policy.

So, do as you have already been advised... (several times!!)... contact the school district and ask.