Can school demand personal medical information on my son, and refuse to let him attend if not provided?

Question

We are required to have a pre-sixth grade physical. This was completed, and the required form completed by the MD. However, I submitted the form without the blood pressure, pulse, ht and wt, since that is personal medical information. (It was normal). The MD checked the box that says "no restrictions."
The school has just told my son today he cannot attend school tomorrow because the form was incomplete. The principle quoted "FERPA" but would not provide written documentation of the law stating we MUST comply with providing the PMI. I have phone calls into numerous departments trying to find an answer to this. No response from any. The HIPAA office does not answer, either. The people in the school "nurse's" office are not nurses. They are not bound by HIPAA. What happened to our right to privacy?

Answer 1

FERPA is to protect educational records, not medical records, and to allow parents the right to review those records.
Records Not Considered As Educational Records
The following items are not considered educational records under FERPA:
Private notes of individual staff or faculty; (NOT kept in student advising folders)
Campus police records;
Medical records;
Statistical data compilations that contain no mention of personally identifiable information about any specific student.
Faculty notes, data compilation, and administrative records kept exclusively by the maker of the records that are not accessible or revealed to anyone else are not considered educational records and, therefore, fall outside of the FERPA disclosure guidelines. However, these records may be protected under other state or federal laws such as the doctor/patient privilege.
http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

HIPPA protects patients from inappropriate release of health information. By saying no restrictions the MD acknowledges the child poses no risks to other students. As long as the immunization record is complete and up-to-date, the school has no need know basic vital signs. But should be aware of any allergies or conditions that could adversely affect the child at school.
If I was you, I would file a complaint form with HIPPA.
http://www.hhs.gov/ocr/hipaahowto.pdf

Unless the school issues a policy of adherence to HIPPA, I think you should not be required to provide the information they seek.

Answer 2

If anything happens, food poisoning, playground accident, falling down the stairs, whatever, you will expect the school to look after the child as best they can, and they will not take the responsibility without full information. Understand this information going into medical records, not up on the bulletin board. If you don't like it, too bad, but they don't want a nurse or paramedic to be hampered by incomplete information in an emergency. Just imagine being the ER doc, when parmedics bring in a patient, and are told "these are the data we have, but they don't have any record of what is normal for this child"? When I was in hospital, I was breathing 4 to 6 times per minute. That is way below normal, but it is normal resting frequency for me. Anybody coming in checking my vitals that didn't have my records would think I was in distress, or, if was sleeping, that I had sleep apnea, or was having an attack of some kind.
http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Answer 3

It's a liability issue. If something were to happen to your son on school grounds, then they could conceivably be held liable. There's the right to privacy, but this is a public education. I understand the principles you believe in on this, but I really feel that you have to pick your battles. No harm will come from you sharing that information with the school. If you really don't trust the school enough to share this information with them, then you shouldn't be sending your child there in the first place.

Answer 4

If they can not provide the documentation stating that you have to provide that or he can't go to school, they don't have a leg to stand on.
I did the same thing with my children's social security numbers, I refused to provide them unless they provided documentation stating it was the law. Well they couldn't provide any such documentation, so I didn't provide it. They are in school to this day.
I did the same thing at the Drivers License Division when they asked me for my social security number, well guess what, I didn't have to provide it and I got my drivers license.
Your child's height weight etc. has nothing to do with academics, or being able to go to school.

Answer 5

You don't have any privacy,its all a crock.I hope that you do get protection,I don't have much faith in Public Schools having info and keeping it private,they are not the most secure system,they are very flawed,cause people talk Employees,Nurse and Teachers amongst themselves.Good Luck, keep trying callingHIPPA until then keep your child home.

Answer 6

When you attend public school, you forfeight many of your rights as an American. Just give them the information, and everything will be okay. They have a right to protect the other children and themselves at the school by gathering information on your kid. It's standard. Always has been.

Answer 7

Yes. This is legal action. By not providing the appropriate medical background for your child, you are putting the other children at the school at risk of disease (or so the school system thinks). They want to know what shots your son has had and when.

Answer 8

Why don't you just comply with the rules? An incomplete form could leave out information concerning a dangerous disease. In your case not but the rules are there for a reason.

Answer 9

Sorry you are being a bit FOOLISH here--it's NOT like they want to know if your son is Hetero or Homosexual--it's just blood pressure and height and weight.... it's NOT all that personal either..... Anyone with a good eye can probably guess within a POUND your child's weight and height.... and who cares about the blood pressure--you are being RATHER SILLY---give them the information and let the kid go back to school.....

Answer 10

I really don't see what you're problem is. I believe everyone should have the right to proper privacy, but I don't see the privacy implications of telling someone your height and pulse rate. You're being either paranoid or just silly.

But legally, the school does have the right to get this info. Of course, they have to keep it confidential.