Legal Question in Health Care Law in North Carolina

My son's school sent a letter home stating: YOUR CHILD'S ATTENDANCE RECORDS INDICATE THAT HE/SHE HAS BEEN ABSENT FROM SCHOOLDURING THE CURRENT SCHOOL YEAR FOR TEN OF MORE DAYS DUE TO ILLNESS OR INJURY. DUE TO THE EXCESSIVE LAWFUL ABSENCES, IT WILL BE NECESSARY FOR YOU TO PROVIDE DOCUMENTATION FROM A PHYSICIAN THAT YOUR CHILD HAS MEDICAL PROBLEMS WHICH NECESSITATE FREQUENT ABSENCES FROM SCHOOL.

IF WE DO NOT RCIEVE MEDICAL DOCUMENTATION, WE MAY REFER THIS MATTER TO THE CUMERLAND COUNTY TRUANCY MEDIATION COUNCIL FOR ASSITANCE IN THE DEVELOPMENT OF A PLAN FOR REGULAR SCHOOL ATTENDANCE. IN ADDITION, WITHOUT MEDICAL DOCUMENTATION IT MAY BECOME NECESSARY TO CODE FUTURE ABSENCESAS UNLAWFUL.

Do I have to provide documentation of his medical issue to the school?? Doesn't this violate his HIPPA rights?? If so what rule applies to this??


Asked on 4/24/13, 1:33 pm

1 Answer from Attorneys
Kenneth Love Ken Love Law

No, it does not violate Hippa laws, the school does not need to know why he was seen but it is proper to ask for documentation that he actually saw a doctor and was not just skipping school. I recommend that you cooperate, with just getting generic notes from doctors that do not say why your son was out, truancy charges could potentially be filed against you for excessive child absences.

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Answered on 4/24/13, 6:14 pm


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