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sweet007lushis asked:


My son has ADHD. His former school shared the fact that he was on medication without my knowledge or permission. I didn’t want to tell his new school for fear of further discrimination. What should I do?

ELWOOD
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Comments

Julie S on 24 June, 2008 at 7:36 am #

Yes unless you are switching to that school!


wi_saint on 27 June, 2008 at 4:02 pm #

I would go talk to a lawyer, and push for some punitive damage, unless you signed a waiver prior.


wmayers99 on 28 June, 2008 at 9:10 am #

Report the first school to the state - that definitely was a breach of medical confidentiality and a breach of state law. You should also tell your story to your local newspaper. Your county will have a list of lawyers who’ll accept certain cases pro bono - check with the legal aid society.
You have a very strong case for a lawsuit. Go get ‘em!


Irma G on 30 June, 2008 at 3:59 pm #

Nothing…….It is not illegal. The school is suppose to know the medical history of a pupil in their custodian. And it is illegal for you to with hold that information. The school has a medical department…….school nurse who has a doctor boss somewhere. Only if they tell all the other pupils do you have a problem.


Lela A on 4 July, 2008 at 2:14 am #

Due to privacy laws with medical records, a release must be signed to share any information


Deathâ„¢ on 6 July, 2008 at 7:56 pm #

Legally, this is inappropriate on the school’s part.

As your child’s legal parent and guardian, you are the only person entitled to share his medical information with an institution or entity.

The exception is present if you signed a waiver or other document. Basically, if you signed something saying they were free to disclose his medical records to another school, then it was legal.

However, this is otherwise confidential information. While some schools do require that they be aware of any medications or medical conditions a student has, it is up to you to tell them this, at your own discretion. The school staff or administration responsible for this should not have given out the record of his medication without prior written consent from you or another guardian of your child (if any).

I would contact a lawyer and discuss your options, especially if your reasoning for switching schools was to avoid issues caused by your son’s ADHD or his medication. Then, take the proper steps necessary to report this incident. As another answerer suggested, tell the local newspaper, and get the word out about the incident.


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