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February 16, 2002

School and Daycare

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Question from Alexandria, Kentucky, USA:

My daughter has been going to the same school since kindergarten, and the school is demanding I give them access to her medical records. I believe that students with diabetes they have a right to keep their medical records private from anybody including the school, but since she is going through puberty they think they should have them. I would like to have some kind of answer because this is driving me crazy.

Answer:

From: DTeam Staff

This sounds like a bit of a “slippery slope,” and I am unsure whether or not States vary in their determination of what is legal in this issue. In my own state and my own experience, I find this to be an unusual request on the part of the school.

CMB
Additional comments from David S. Holtzman, Esq.:

I am perplexed by your letter. I can think of several situations in which the school officials could want to see the child’s medical records (e.g. application for designation as a disabled child; a parent’s request for the school medical office to provide medical services, but your letter does not mention any special circumstance in which you have requested the local school to provide anything other than the basic instructional services.

My advice is to contact the State Education Department for assistance. They can investigate the actions of the local district and help you through this situation.

DSH
Additional comments from Dr. Larry Deeb:

You can’t have it both ways. If you want the school to help with the diabetes management, they need information. I don’t see how you can keep them in the dark. A life-threatening hypo in front of people who have no clue as to what is going on would be very inappropriate.

LD