View Full Version : Were my child's rights violated?
Diane5
Oct 2, 2013, 11:45 AM
My children attend a charter school and caught head lice there 3 times last year. I brought it to the schools attention and they retaliated. They just started school and already caught it again. I was nice enough to inform the school hoping they would take the neccassary action to avoid outbreaks again. They did not. It wasn't until I emailed the school that a week later they checked my children and their class only and sent them home creating a new head lice policy which I grealty appreciate. Today a parent approached me and said that she saw my daughter getting checked in front of the entire school and then sent home. The day that I took my daughters back to school one of them was clear to return and the other had a few dead nits and was not allowed back in. The staff person announced in front of everyone that she still had a few nits and could not return. Is this a violation of HIPPAA or FERMA? I do not plan to take any legal action but just want some feedback and advice since I do plan to email the principal about this because I do not appreciate my children being exposed this way, especially since they caught it there!
smoothy
Oct 2, 2013, 11:54 AM
HIPPA doesn't apply to schools or its staff. Anything I could find on FERMA is Federation of European Risk Management Associations and that really doesn't apply
http://www.hhs.gov/ocr/privacy/hipaa/understanding/srsummary.html
And a student doen't have a right to attend a school when they have something as highly contagious as Lice are.
People who were in contact with other infested people have the right to know before their own infestation grows larger and thus more difficult to control as it will affect other kids as well as the parents.
It happens... even to clean families... they pass for one person to the next. And can quickly spread to everyone in a classroom. Particularly with smaller kids.
Diane5
Oct 2, 2013, 12:03 PM
HIPPA doesn't apply to schools or its staff.
And a student doen't have a right to attend a school when they have something as highly contagious as Lice are.
People who were in contact with other infested people have the right to know befor etheir own infestation grows larger and thus more difficult to control.
It happens.....even to clean families....they pass for one person to the next. And can quickly spread to everyone in a classroom. Particularly with smaller kids.
Thank you for your answer. I do agree that children should not be allowed back in to school until they are nit free and also that the families be notifed. This is something the school did not do and have recently initiated due to my persistence in the matter. My children are not the ones infesting the school, they are catching it there and treating it is costly and stressful. This is why I have made an issue about it. My concern is my daughter being exposed and humiliated in front of the entire school. Wouldn't it be the same if it were an adult being checked our questions about an STD in front of everyone?
smoothy
Oct 2, 2013, 12:07 PM
Thank you for your answer. I do agree that children should not be allowed back in to school until they are nit free and also that the families be notifed. This is something the school did not do and have recently initiated due to my persistence in the matter. My children are not the ones infesting the school, they are catching it there and treating it is costly and stressful. This is why I have made an issue about it. My concern is my daughter being exposed and humiliated in front of the entire school. Wouldn't it be the same if it were an adult being checked our questions about an STD in front of everyone?
STD's aren't the same thing... you don't pass those by bumping into someone else... not fully clothed anyway.
And to get it three times in a single year... someone needs to be paying a lot closer attention than they obviously have been at that school... just takes one family of one kid that didn't do everything they could for it to come back and spread again.
Yes it is a huge inconvienience every time it happens.
ScottGem
Oct 2, 2013, 12:26 PM
The question is were any other children examined openly and were their conditions announced? I suspect your daughter was not singled out.
Diane5
Oct 2, 2013, 01:07 PM
According to the parent and my daughter, yes, she was singled out. They checked only her in the middle of the campus. Parents and students present. It is said the staff checking her were laughing. The parent approached them and suggested they check her in private and they said to her that the school didn't have a designated area to check the children and could do it anywhere. The parent saw my daughter sent home afterwards. It was not announced that she had it but when I took them back one of my daughters was cleared and the other had a few dead nits so the staff came out and openly said in front of everyone (a few parents and an entire class was present) and showed me that she still had a few so would not be able to return.
tickle
Oct 2, 2013, 01:27 PM
HIPPA doesn't apply to schools or its staff. Anything I could find on FERMA is Federation of European Risk Management Associations and that really doesn't apply
Summary of the HIPAA Security Rule (http://www.hhs.gov/ocr/privacy/hipaa/understanding/srsummary.html)
And a student doen't have a right to attend a school when they have something as highly contagious as Lice are.
People who were in contact with other infested people have the right to know before their own infestation grows larger and thus more difficult to control as it will affect other kids as well as the parents.
It happens.....even to clean families....they pass for one person to the next. And can quickly spread to everyone in a classroom. Particularly with smaller kids.
FERMA is UK and EU.
OP is probably UK
ScottGem
Oct 2, 2013, 01:48 PM
FERMA is UK and EU.
OP is probably UK
But HIPAA is US, so its unclear.
To Diane. If your child was, in fact, singled out like that. Then you should have a conversation with the principal or equivalent. The staffers who acted this way need to be admonished.
There are ways you can prevent your child getting head lice rather than having to treat all the time.
Wash hair every other day instead of every day.
Put some hairspray on the hair.
Have your girls wear pony tails instead of just loose and long.