Student Tracking

[Snowangel]

I have been volunteering alot at my kids school lately.  I was there today when I one of the women that works in the office had to look something up about a student on the computer.  After she looked it up, she left the screen up.  It had all the basic information, name, age, DOB, but it had a list of things that could be checked off.  One of the things was positive?  
Is that normal these days?
Doesn't this violate the childs privacy?
Snow

[Dennis]

Are you sure this was for HIV status?

There have been many changes implemented in tracking children from the time they enter school all the way  through high school. There are many areas in the field of education in which a student may be marked as either positive or negative.

[leatherman]

One of the things was positive? 

Doesn't this violate the childs privacy?

As in "HIV positive"? what were the other "list of things"? Other medical conditions?

Considering the no-tolerence policies in effect all over, all medicinal drugs that a child takes during a school day need to be known about to allow them to have and take those meds during the school day. I'm sure the children that need Ritalin or Insulin during the day have similar entries in their records.

How would it be a privacy violation for the school to know about the medical issues/needs of one of it's students? the definite privacy violation was committed by the office worker who left that screen visible to you

[Basquo]

The only privacy law I'm familiar with the HIPAA Privacy Rule of 2003. Unless the school can be considered a healthcare provider, HIPAA doesn't apply to it. I think the basic disclosure and resulting harm might have ground in other law, but I'd be interested to hear from others with more experience in libel, slander, etc.

[Dennis]

School health records are considered education records rather than medical records. HIPAA would not necessarily apply. However, education records, medical information or otherwise, are covered under FERPA (Family Education Rights and Privacy Act of 1974)

The only privacy law I'm familiar with the HIPAA Privacy Rule of 2003. Unless the school can be considered a healthcare provider, HIPAA doesn't apply to it. I think the basic disclosure and resulting harm might have ground in other law, but I'd be interested to hear from others with more experience in libel, slander, etc.

[Snowangel]

Dennis-I'm not sure if it was for HIV, I am going to ask her when it is more appropriate?

Leatherman-I didn't catch what else was listed, but I will 

I just thought that kind of information would have been in the nurses office.  It seems like in our school anyone has access to the computer, obviously not people walking in off the streets, but people who work in the office who are there to answer the phone.

I don't think the nurse can give out medication.  I see one parent come in everyday around the same time and give her kid something.  I thought universal precautions were just that "universal"

I was just curious.

Thanks for your replies!

[leatherman]

I thought universal precautions were just that "universal"

I'm not claiming any legal knowledge here; but also keep in mind that your are talking about minors here, so not all adult laws are applicable. Minors are under the supervision of not only parents but also school officials so I would imagine there have to be differences from adult privacy laws.

[tednlou2]

HIPPA is violated all the time.  I was just at the pharmacy at the clinic I go to for HIV.  The pharmacy has all these private booths to discuss drug info.  However, the pharmacist said to this guy next to me in a loud voice, "Ok, this drug is called Bactrim DS.  Are you allergic to sulfer drugs?"  Now, it is my understanding that Bactrim is really only prescribed for AIDS diagnosis and people with immune problems from cancer treatments, etc.  If I'm wrong, please correct me.  Even if I am wrong, she shouldn't have told in front of others.  I could tell this guy was uncomfortable.  This clinic is in a hospital, so we wouldn't have known what he was there for.

As for this, I'm curious to know whether it has become the norm to track HIV in schools on computer.

[Dennis]

As for this, I'm curious to know whether it has become the norm to track HIV in schools on computer.

HIV+ students are not tracked. There is not one school district that requires employees or students to disclose their HIV status and testing is not a requirement.  However, should a parent choose to make their child’s HIV infection known to the school staff, it will become part of their education record. This is true for any medical condition, whether it be ADHD, diabetes, etc.
 
Because public schools do not transmit health information electronically, they are not subject to HIPAA laws. In the case of public schools, they are covered under FERPA. Under FERPA, education records, including medical info cannot be shared with third parties without a parent’s written consent.  The only exception is records may be shared with teachers and other school officials if they have a legitimate educational interest. School districts risk losing federal funding for failing to abide by FERPA.

This applies to public schools who receive federal funding only. Private schools operate differently. Since they don’t receive federal dollars they are not subject to abiding by FERPA, and in some circumstances may fall under HIPAA guidelines.

[Hellraiser]

HIPPA is violated all the time.  I was just at the pharmacy at the clinic I go to for HIV.  The pharmacy has all these private booths to discuss drug info.  However, the pharmacist said to this guy next to me in a loud voice, "Ok, this drug is called Bactrim DS.  Are you allergic to sulfer drugs?"  Now, it is my understanding that Bactrim is really only prescribed for AIDS diagnosis and people with immune problems from cancer treatments, etc.  If I'm wrong, please correct me.  Even if I am wrong, she shouldn't have told in front of others.  I could tell this guy was uncomfortable.  This clinic is in a hospital, so we wouldn't have known what he was there for.

As for this, I'm curious to know whether it has become the norm to track HIV in schools on computer.

Bactrim is a strong antibiotic prescribed fairly often for a whole host of things, it's basically a step up from Keflex.

[minismom]

There is a process in the school systems much like an IEP (Individualized Education Plan) that deals specifically with medical / health issues.  It includes the child's diagnosis and lists any modifications that the child needs while in school.  This could be anything from an asthmatic being able to carry an inhaler to the school providing an interpretor for a deaf student or an aid to a child confined to a wheel chair. 

When we had Mim's done, for the whole 3mths she was in the public school system, it included modifications due to her CP and diabetes.  We did include a statement (backed up by a letter from her doctors) that stated if any child in her class is ill, we are to be called immediately so that we can take her home.  The nurse kept pushing us as to why this would be an issue.  We kept telling her it was because of Mim's depleted immunity.  The nurse then wrote as one of Mim's "goals", that Mim will be able to answer questions about her immunity "disorder" with any adult that asks. I made her go get another form and fill it all out again - without the rediculous statement.  Honestly, things just went downhill from there.

As part of the in-take process for Birth-to-Three, which is under HIPPA and FERPA, in our state, there is a space for the parents to sign so that we can get medical records from their doctors.  This used to included the entire file.  However, once HIV became a federally protected class, the parents had to sign a different line allowing us to have access to any information (including any negative parental testing) that concerned HIV.

I am curious as to what the "positive" could mean.  But I bet it isn't HIV-positive.

Mum

[emeraldize]

Snow, et al,

My understanding and this is quite relevant to me and mine, it was explained to me that our health department informs the school they have a positive student enrolled, but they do not out, or put in writing, the student's name. And, given universal care standards, which apply to school nurses and emergency healthcare providers, anyone who would come in contact with an injured positive child should exercise standard precautions.

Em

[skeebo1969]

The nurse then wrote as one of Mim's "goals", that Mim will be able to answer questions about her immunity "disorder" with any adult that asks. I made her go get another form and fill it all out again - without the rediculous statement.  Honestly, things just went downhill from there.

That makes my blood boil, as I am sure it did yours as well.

[Basquo]

HIPPA is violated all the time. 

The most common HIPAA violation is the misspelling of it.

[tednlou2]

Basquo--  I apolojize for my speling misteak.  I misunderestimated how important it is..lol.

[minismom]

The most common HIPAA violation is the misspelling of it.

Guilty

[Basquo]

Basquo--  I apolojize for my speling misteak.  I misunderestimated how important it is..lol.

You, Ted, have given me a new term..."misunderestimated"...that is internet gold! I love that and am totally going to use it in at least 10 emails at the office this week  When I reply to a frantic email about some BS I'll just reply, "I'm sorry, I misunderestimated ________ (whatever.)" I'm polite to a point in work email and when people cross that point I get snarky and this will be perfect.

Sorry Snow for the hijack!

[tednlou2]

I apologize for the hijack as well; however, I had to give credit where credit is due.  "Misunderestimated" was first spoken by G.W. Bush.  I wish I could take credit..lol.  I think this came after asking, "Is our children learning?" 

Snow, I asked my friends who are teachers here in Louisville to see whether HIV tracking is done here.  I suppose if the student isn't singled out, I guess there may be some value in knowing.  I don't know.

[Dennis]

Snow, I asked my friends who are teachers here in Louisville to see whether HIV tracking is done here.  I suppose if the student isn't singled out, I guess there may be some value in knowing.  I don't know.

Ted, I'm not a teacher (yet). However, I can tell you with great confidence children are not singled out for being HIV+, or any disability. I actually did a research paper on this very topic two semesters ago. The only reason the school would need to know of a particular student and their disability would be if the student needs special accommodations. As Mum mentioned, this is made part of their IEP (a requirement of the NCLB Act as well as the Individual with Disabilities Education Act) and their educational record as a whole. I would imagine it would be in the parent's and student's best interest to notify their child's school so special accommodations could be made in time of illness, excess absences, etc.

[tednlou2]

Dennis,

Thanks for the info.