"Private and parochial schools at the elementary and secondary levels generally do not receive such funding and are, therefore, not subject to FERPA."



It was in the second paragraph.

Here's the link. I'm on my phone and can't search for the word private or parochial on it--only have a second to come here.

http://www2.ed.gov/policy/gen/guid/fpco/ferpa/parents.html

So shouldn't there be some sort of confidentiality agreement/statement that private schools are held to?  I mean it's not like they will post all the kid's grades on the wall for everyone to see.  The teacher can't tell me what grades someone else's child received, correct? 

I think I signed one during my volunteer training that I went through for the public school.

Quote from: SilverLining on August 16, 2013, 02:23:42 PM
DS's elementary school had pictures with allergies posted where lunchroom staff could not see them.  For those women, there was a binder with the pictures and personal info of any kids with medical concerns/conditions.

Something similar was done at DD's school.  It was actually a clipboard that hung on the wall with the information.  However, there was a cover sheet, so you could not easily see what was clipped in the clipboard.

Not HIPAA but FERPA with schools. I don't know if it applies to private schools.

Yowza.

DS's elementary school had pictures with allergies posted where lunchroom staff could not see them.  For those women, there was a binder with the pictures and personal info of any kids with medical concerns/conditions.

The parents need to go talk to the headmaster. Now.

Ok, I talked to my friend this morning after her meeting with the principal.  She has bigger problems then complying with a bracelet!  They have another meeting scheduled for Tuesday to see exactly what they want on this medical ID (does not have to be medic alert, I was just using that as a generic name) bracelet...and what it needs to look like.  The other upsetting part is that my friend was never told, it's not in the handbook anywhere and that they approached her daughter directly. 

There is a mom at the school that I know from when we had a local allergy support group here (it's no longer), she is very vocal and the one running the allergy show at this school (her DD has a dairy allergy).  This woman's  6th grader is apparently the oldest student at the school with allergies (I know for a fact there have been others, but have aged out, school only goes to 8th grade) because the mother of one is still the librarian.  If there were 7th & 8th graders with allergies, they would also be required to wear the orange bracelet (they are the disposable ones that tape on stating that you paid to get into a fair, or that you can drink at a concert)

Here's the bigger problem that I see (found this out this morning):  Her daughter's picture is up on the wall in a public hallway (somewhere near the cafeteria) stating that she has a peanut allergy.  Last year, this wall of info was in the actual kitchen for the cafeteria staff (fine, they need to know these kids). 

I'm not very knowledgeable on hipaa, but wouldn't this be in violation?  The school displaying a medical condition to anyone who walks by.

My recommendation was to put that wall back into the kitchen.  My friend said the lunch room volunteers aren't allowed into that space.  Ok, fine...my next question was how many kids with FA are there?  Is it really going to be that hard for these volunteers to get to know them?  My next recommendation was to make a special notebook for the lunchroom volunteers that so they could learn the kid's names and faces and store it somewhere that not everyone has access to.

Keeping in mind...the school told the parent, who told hezzier, who posted here.....this is a bit of telephone game.

The way I interpreted it is the school wants the child wearing a bracelet that identifies the food allergy.  To me, thatis any kind of medical alert, not necessarily THE medic alert, so not necessarily the $50 one.  (If your child needs glasses, would the school supply them?)

As for the orange "look at me I'm allergic" bracelet....well, they've provided a temporary one which it's easy to notice and therefore get back from students they are loaned to.

MC, please get one for yourself and one for your son.  If not the bracelet, go for a dog tag or something.  I'm not giving you an order.  I am asking you to please protect my friend and her son. 

WRT to OP's subject which are exempt religious entities (not all would qualify for exemption--depends), veering off course wrt to branded MedicAlert service and membership I can't see how a school district could compel anyone, even an employee, to purchasing a membership and service. MedicAlert is not the only medical ID bracelet out there. I think it could request the child wear a medical ID bracelet with ICE information like one would find on a branded MedicAlert bracelet... but the service and membership? No. At least not in a way that withstand a challenge and be upheld.

But AFAIK OP's friend's situation is most likely a qualified religious entity operating its own private school on private property. Unless solid information to the contrary it is not even a public accommodation. The DOJ specifically addresses this in a Title III Q&A publication.

Now, knowing this will come up the logical question is do they receive any federal financial assistance? That would be difficult to find out but not impossible. State DOE should know if the school is a *recipient* of any federal financial assistance. Whether or not you actually get help from state or disclosure is another story. Yeah, I make calls like this it ruffles feathers, pisses people off and makes them paranoid. Note that every time I call federal regarding the same info they are very efficient and forthcoming--unfortunately it's still something only state DOE truly knows.

Exploits. Publicly owned buildings, state DOE noting school is a recipient. Never forget that exemption isn't carte blanche it's ADA exemption and a highly qualified one at that. Realize also that it's not about a civil right (FAPE is still available to you at any time in the public system) but about a civil contract for educational services. It's also a social one because it involves a doctrine between many people who are there for that same purpose. They are not exempt from EVERYTHING.

I would return to either a qualified public accommodation or public school exploring charters or magnets before challenging a religious entity who might be receiving some minute "federal financial assistance" for 504 unless the school doesn't qualify as exempt by operating within a publicly owned or funded property.

For instance, SD contracts with Catholic church for use of facilities. Public school district operates on public money inside facilities owned by religious entity. Well, the religious entity is not operating that school, no exemption. That's still full on ADA to the hilt.

Moral of the story is know how it's all operating.

Quote from: Macabre on August 16, 2013, 10:11:41 AM
He actually hasn't for a few years


But this issue doesn't seem to me to be about a medic alert bracelet. This is about wearing a particular thing so cafeteria staff can identify this child.

My point was that DS did not wear anything that shouted "THIS IS THE ALLERGY KID" and he has been fine. The school staff learned what he looked like from a picture (or likely also from other staff discreetly pointing it out), and he was in large schools. His elementary school had 500-600 kids.   

This has also been the same for my kiddo.  I'll sheepishly admit that she hasn't worn a medic alert bracelet for years (her gran even sent her a nice bracelet like one but I have no idea where that is).

DD's elementary school and 1200 kids in it.  The staff were given a form that listed her allergies and the form had her picture on it.  She did sit at a designated end of the table with her class. But there was no other outward designation of her being a kid with food allergies.

I agree with Mac that what this school did was not about getting the child to wear a medic alert bracelet but rather about providing a shortcut for staff (perhaps they're volunteers?) to know which kid has the allergies.  There's a better way to do this without stigmatizing the child.

Btw this bracelet is at my CVS store for $5.99. Though it's probably too young for 4th grader.

Clearly food allergic people should wear an official Medic Alert bracelet. I should. My DS should.  We didn't keep up with the service. My bad as a mom.

However, the school is not requiring that.

The school is wanting this kid to wear a bracelet identifying her as an allergy kid during lunch. Not a medic alert bracelet during the school day.


I do wonder about a school requiring a Medic Alert bracelet though. The basic membership is $30 for 3 years--pretty affordable. They do have a bracelet under $20 for children, but it's not one my child would have actually worn. He wouldn't have liked the leather ones that are $50-$100, but that would be better than the less expensive ones.

Can a public school that must provide a Free and Appropriate Public Edication within a Least Restrictive Environment make a child pay $50 for the basic membership and the basic bracelet?

That's an interesting question. CM you seem to say above that you think they can. 

This does not really apply here, but is the perspective for an older child.

I ripped DS (age 19) a new one for not wearing his bracelet.  If a college-age student or young adult is found unconscious, disoriented, or very ill, the first assumption will be "intoxication" or "drug overdose", not anaphylaxis.   I prefer to not dwell on the consequences of that incorrect assumption.

I stand by my comment that there's nothing wrong in telling a parent to provide a medical bracelet.  Without it, an unnecessary delay in administering epi is more likely.  I agree epinephrine is not dangerous....but it is if you have a heart condition, or if you are allergic to the added ingredient.  The school has every right to want that medical information right there so they don't do the wrong thing.

Does the child self-carry?