As parents, we are protective of our children’s privacy. Parents retain the right to expect schools to keep students’ records confidential.It is the law. Most administrators, faculty, and staff adhere to the law. Our children’s rights are protected. We feel secure.

There are certain aspects of our lives we want to remain private. These are areas that we consider too personal to share. Medical issues, family problems, emotional and mental health issues, all fall under the banner of “confidential material.” Our rights are protected by law.

It may surprise and shock you to know how unprotected your child can be. It is difficult to believe but confidential information about students is more apt to be common knowledge, within a school community, than you would expect.

The following are examples of what happened in one high school and how children’s rights were violated.

A mother was shocked to know that her daughter’s medical records were common knowledge not only to the faculty but to the student body. Her daughter was an epileptic and on strong medication. The parents of the girl wanted it kept confidential and had this relayed to the school medical office. They should have gone to the administration with their request.

The person in charge of the school's medical office was someone who loved to gossip about members of the school community and would go to various lengths to find out information. If a teacher was on a medical leave, this person would go so far as to call the teacher’s doctor, pretending to be calling for the board of education, to find out details of their illness. She had been reprimanded more than once for this type of behavior.

When having coffee in the faculty lounge she would talk about the teachers and the students. She mentioned the medical conditions of several students, one of whom had epilepsy, during one early morning prep period. Present in the room were five teachers, a custodian, and several volunteer parents.

There was also a group of student “helpers” who had access to the medical files in her office and who actually helped arrange and update these files in her presence. She gave them classified information to be placed in “the special files” as she called them. There were 14 students in the school who were HIV positive. All fourteen names were known by teachers and students in a very short time. Two brothers who were diabetics also had their names made public as did students with substance abuse.

When the administration was told about this breach of confidentiality, the school nurse was called in with her union representative. No disciplinary action was taken against the nurse for fear of causing “bad publicity” for the school. She was simply reprimanded orally by the principal. The parents were not told this; they were lead to believe that some legal action had been taken by the administration. The nurse is still at this school. Parents are considering lawsuits against both the nurse and the school system.

If you want your child’s medical records kept confidential, have a meeting with the school nurse and two administrators. Insist that all information be kept private and tell them you will hold them legally responsible if it is not. Inform them that you will retain a lawyer if the confidentiality is breached.

Your child’s rights are your responsibility first and foremost. Let the schools know that you mean business and will not hesitate to take action if they cannot protect your child’s rights. Insist on protecting your child’s rights.


editor’s note: This article was written in response to an e-mail I received from a parent who had attended my seminar on school confidentiality. Her child’s medical records had been made known to faculty members and students by the school nurse. After researching her statements and speaking with a group of teachers from various other schools, I found that this wasn’t an isolated problem that occured in only one school.If you have had your child's privacy compromised at school, I would like to hear from you." KH





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