Legal Question in Education Law in California
Wrongful sharing of student records
In an attempt to maintain accountability for a truant student, whose doctor continues to sign excused illness forms for, I faxed the physician a note explaining that the child in question had been absent 52 days last year, and 25 days this year so far. All absences were excused as ''illness'' by the physician, with diagnoses ranging from ''virus'' to ''bronchitis'', but nothing suggesting the kind of life-threatening illness that would cause a child to miss a quarter of the school year. I also included copies of the student's attendance records in my fax, so the doctor could see for himself how frequently the child's mother is using him as an excuse for allowing her son to be truant. In my haste and frustration, unfortunately, I am afraid that I have wrongfully released student records. Do attendance records constitute as ''student records'' and if so, what can I do to remedy the situation. No doubt, this mother is the litigious type.
1 Answer from Attorneys
Re: Wrongful sharing of student records
Hello:
1. Probably an improper "release" of student records. Attendance records are "records." A written release form should have been signed by a parent prefatory to your communication with the Doc.
2. Since there was no request for the info by either the Dr. or a parent, there is little you can do to "pull back" the transmittal.
3. If you choose to, talk to your administrator and advise of the potential issues--do a pre-emptive srike to protect yourself--this is a judgment call inasmuch as your administrator may choose to go after you anyway.
4. Talk to your "union rep" first if available.
5. doesn't sound fatal, but may become somewhat uncomfortable.
6. Valuable lesson here---being a good teacher really means that you have to follow the curriculum to protect yourself at all times!
Good luck with this.
Sincerely,
Mark Geyer
Related Questions & Answers
-
Right to inform i was wondering if a teacher had the right to inform parents of... Asked 12/09/05, 6:02 pm in United States California Education Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
