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arcy_gw

HIPA/FERPA in times of pandemic

arcy_gw
3 years ago

I work in a school. Our school system is fully open right now. Our county viral numbers are on the line and have been going down so we remain open. I found out last week our school system (four buildings k-21 have had four positive cases of COVID-19 since we started school in August. Yesterday I got an internal memo letting us know we now had a positive case in my building. The student who went home ILL is not to be named or speculated about. The school checked class seating charts and sent "close contact" students home also. Mandatory 14 day quarantine. I stand in the back of the room watching students mill about before/after class. They are CLUELESS to social distancing. Unless made to stay in their seats they CANNOT distance, but truly their seats are not even a foot from their peers so in the long run it's all smoke and mirrors. From the memo it is apparent many classrooms are prone to this milling and small group work and general 'who knows' who the ill student REALLY came in contact with. Well IMHO if I knew who said student was I WOULD KNOW if I had been in close contact with them!! I understand the students privacy rights. STILL if decreasing spread is the GOAL than seems obvious to let that name out so we can police ourselves!! Is this too much to ask?

Comments (11)

  • Elmer J Fudd
    3 years ago
    last modified: 3 years ago

    arcy, I agree with you in part but not entirely.

    I don't believe the laws cited in your heading have anything to do with the situation you're experiencing. HIPPA privacy rules apply to medical service providers and insurance companies (and potentially employers) about medical services provided and reimbursed. Not schools for incidents in the school. FERPA privacy rules, as I understand them, have to do with educational records. Neither should have any effect on disease incidents in a school and notifying anyone potentially affected about possible exposure. Even if the possibility is extremely remote, it would seem like common sense to do so.

    I suspect what's at work is a wrong-headed decision by the school's leadership or the school system's management. Whoever it is, it was a poor decision and an unnecessary decision that needlessly risks the health of others.

    It could affect you and your family and others, you have a right to know specifics. No one's rights are violated by you and anyone else with potential exposure being informed. Good luck, I hope they change their decision.

    If you want to think about applicable laws, you may have a right under OSHA to be told. It might be worth your time to contact a local state or federal OSHA office and ask.

  • Elmer J Fudd
    3 years ago
    last modified: 3 years ago

    sandplum, I'm not sure how that page you linked to has any relevance to the question asked.

    It talks about guidance for disclosures to parents having children in the school. arcy is a member of the staff. I can't imagine this or any other law could limit in any way the dissemination of information to the staff when "management" has decided that any particular bits of information are important for employees to know.

  • Sandplum1
    3 years ago

    Elmer, this !ink may address her question (specifically #4 and #7) : USDE Q&A specifically in response to Covid. I understand her concern (as a teacher, like her and your wife, as well.). We had an instance of an employee diagnosed earlier this year whose name was not released. Of course, we were able to look around and quickly figure out who was missing.

    Carol

  • Adella Bedella
    3 years ago

    The kids in class pretty much know whoever gets infected by name. General, non-identifying info is sent out in an email. Absences are noted and it becomes obvious.


    I disagree with those of you who keep acting like schools are being irresponsible in allowing the students to be there. There are so many people... kids and adults... struggling right now with suicidal thoughts, depression and anxiety. They need social interaction and some normalcy in their lives. Online learning is hard for some. I have teens so I have maybe more info than I need to know about other people right now. It's hard, but I'm trying to practice kindness and understanding with others even when I'm watching a train wreck. It hurts my heart to watch. There isn't one easy answer and most people are doing the best they can on a daily basis even though it's a struggle.

  • Elmer J Fudd
    3 years ago

    sandplum/carol, your link doesn't work for me. I'd like to see what you've referenced - can you try again or get a different address? Thanks

  • Elmer J Fudd
    3 years ago

    "It's best that the name remains unknown, especially a kid."

    The compelling issue is public health, not privacy. The important and very effective tool of contract tracing requires knowing the identities of people who show illness and producing the network of others who have been in close contact. If the public health agencies aren't coming forward to do that, then the people on the ground who are in charge of the location need to.

  • Lukki Irish
    3 years ago
    last modified: 3 years ago

    I completely understand the frustration, I go to a variety of clinics for my work. Only 1 clinic is strict about wearing masks, (which is mind boggling on it’s own). but not one has ever volunteered to let me know when someone there has been or is out due to covid. (Without a name even) I will randomly ask and yes, some people have actually been out due to covid and yes, they still expect me to show up. They work with skeleton crews, but it’s as if their vendors don’t seem to matter at all.

    HIPPA CLARIFICATION: Most people don’t realize this, but the only time a school is bound to HIPPA protections is when a student is receiving medical care from that school. The only parties mandated by HIPPA are health related services like Hospitals, Pharmacies, Clinics, Health Insurance and so on. So the situation you find yourself in with the school must either be mandated under a different rule or by the choice of the powers that be.

  • Sandplum1
    3 years ago

    Sorry, Elmer. I should've tested it; apparently too many redirects. I Googled FERPA USDE Corona student rights, and I opened this USDE website,


    then downloaded the Q&A PDF file.

    Carol

  • Elmer J Fudd
    3 years ago

    Boy, this has been a convoluted experience.

    It's a 9 page document. I skimmed it. I saw nowhere that it says that illness information cannot be communicated to staff members.

    Is this something you understand or are you (and others you've shared this with, by extension) a victim of accepting the results of an internet search without determining what is said?

  • Elmer J Fudd
    3 years ago

    Sorry but your comment is incorrect. The law specifically allows disclosure to public health officials.

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