# Confidentiality of public school students with H1N1? **URL:** \ **Category:** Factual Questions\ **Created:** [November 11, 2009, 1:49am UTC](https://boards.straightdope.com/t/confidentiality-of-public-school-students-with-h1n1/517132 "2009-11-11T01:49:25Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![pabstist](https://avatars.discourse-cdn.com/v4/letter/p/e99b99/32.png) [@pabstist](https://boards.straightdope.com/u/pabstist)\ **Post date:** [November 11, 2009, 1:49am UTC](https://boards.straightdope.com/t/confidentiality-of-public-school-students-with-h1n1/517132/1 "2009-11-11T01:49:25Z")
At the public high school my wife and I work at they have been sending any kid home with a fever, many every day. A few of those those kids actually turn out to have H1N1, or swine flu. BUT due to “laws”, “policy”, or something else, the kids names must stay anonymous and nobody can ever know who has the sickness. They said if a teacher ever got it, that would be different; but finally one did and they are keeping it under wraps anyways. What do you all think about this? I can understand keeping it confidential if a student is pregnant, or has nail fungus or gum disease, those aren’t really super contagious and life threatening. But shouldn’t everybody know if a person has swine flu, just in case they shared a chapstick or sneezed on each other somehow? If they knew, maybe then they could get proper treatment and at least stay at home to prevent the spread of possible disease. This is a small high school, about 300 students in all. Everybody knows everyone, so nothing really stays anonymous. Why not just put the info out there? I can’t imagine that there is a stigma with having H1N1- it’s like saying that elementary students with chicken pox will be labeled as sluts and drunks for the rest of their lives, so never mention who has chicken pox. If anything, knowing who has it may reduce the “outbreak”. Or is there a reason for keeping them a secret? ---
**Author:** ![even\_sven](https://avatars.discourse-cdn.com/v4/letter/e/dfb087/32.png) [@even\_sven](https://boards.straightdope.com/u/even_sven)\ **Post date:** [November 11, 2009, 2:41am UTC](https://boards.straightdope.com/t/confidentiality-of-public-school-students-with-h1n1/517132/2 "2009-11-11T02:41:04Z")
One thing that it does is keep the cranks calm. If you start releasing names, parents are going to start freaking out and keeping their kids home even when there is no reason whatsoever to do so. ---
**Author:** ![ZipperJJ](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zipperjj/32/211_2.png) [@ZipperJJ](https://boards.straightdope.com/u/ZipperJJ)\ **Post date:** [November 11, 2009, 2:54am UTC](https://boards.straightdope.com/t/confidentiality-of-public-school-students-with-h1n1/517132/3 "2009-11-11T02:54:21Z")
Schools are very guarded about releasing any information about specific students. They’re all minors. America is very guarded about releasing anyone’s personal health information. There are laws. Health information about specific minors seems unfathomable to me. ---
**Author:** ![Pray\_for\_peace](https://avatars.discourse-cdn.com/v4/letter/p/5f9b8f/32.png) [@Pray\_for\_peace](https://boards.straightdope.com/u/Pray_for_peace)\ **Post date:** [November 11, 2009, 3:07am UTC](https://boards.straightdope.com/t/confidentiality-of-public-school-students-with-h1n1/517132/4 "2009-11-11T03:07:27Z")
I’m not your lawyer, and this isn’t legal advice. I think the school may be protecting the student medical information as secret because of federal privacy laws, e.g., HIPAA and FERPA. [Cite.](http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/hipaaferpajointguide.pdf) Quoting from above - > [@](#): > > The purpose of this guidance is to explain the relationship between the Family Educational Rights > and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act of 1996 > (HIPAA) Privacy Rule, and to address apparent confusion on the part of school administrators, > health care professionals, and others as to how these two laws apply to records maintained on > students. It also addresses certain disclosures that are allowed without consent or authorization > under both laws, especially those related to health and safety emergency situations. While this > guidance seeks to answer many questions that school officials and others have had about the > intersection of these federal laws, ongoing discussions may cause more issues to emerge. > [@](#): > > At the elementary or secondary school level, students’ immunization and other health records that > are maintained by a school district or individual school, including a school-operated health clinic, > that receives funds under any program administered by the U.S. Department of Education are > “education records” subject to FERPA, including health and medical records maintained by a school > nurse who is employed by or under contract with a school or school district. Some schools may > receive a grant from a foundation or government agency to hire a nurse. Notwithstanding the > source of the funding, if the nurse is hired as a school official (or contractor), the records maintained > by the nurse or clinic are “education records” subject to FERPA. > > **Parents have a right under FERPA to inspect and review these health and medical records because > they are “education records” under FERPA. See 34 CFR §§ 99.10 – 99.12. In addition, these > records may not be shared with third parties without written parental consent unless the disclosure > meets one of the exceptions to FERPA’s general consent requirement.** For instance, one of these > exceptions allows schools to disclose a student’s health and medical information and other > “education records” to teachers and other school officials, without written consent, if these school > officials have “legitimate educational interests” in accordance with school policy. See 34 CFR § > 99.31(a)(1). Another exception permits the disclosure of education records, without consent, to > appropriate parties in connection with an emergency, if knowledge of the information is necessary > to protect the health or safety of the student or other individuals. See 34 CFR §§ 99.31(a)(10) and > 99.36.