In order to protect the health and safety of the school community and pursuant to guidance and recommendations from the Centers for Disease Control and Prevention (“CDC”), the California Department of Public Health, the California Department of Education, and local public health officials, the School is implementing policies to take students’ temperatures and screen for symptoms associated with COVID-19 daily. These policies authorize the School to collect certain medical information related to students.
The purpose of this Policy is to safeguard confidential medical information in a manner compliant with the Confidentiality of Medical Information Act (“CMIA”), the Americans with Disabilities Act (“ADA”), and the Families Educational Rights and Privacy Act (“FERPA”) with respect to all confidential medical information that the School acquires through implementing the Temperature Testing and COVID-19 Symptom Screening Policy, or obtains by other means, including annual enrollment forms.
A. Scope of Coverage
This Policy covers the confidential medical information of all School students that the School acquires or obtains and which relates to COVID-19. The information covered by this Policy, includes, but is not limited to, symptoms associated with COVID-19, COVID-19 test results, and other health or medical conditions that would place the student at high-risk for a serious illness if the student contracted COVID-19.
Specifically, this Policy covers the following types of confidential medical information:
All confidential medical information acquired by the School during or because of the administration of the School policies related to COVID-19.
All confidential medical information that the School obtains by means other than by testing or screening administered by the School. For example, the County Public Health Department may inform the School that a student has tested positive or a student may voluntarily disclose a positive or negative COVID-19 diagnosis not as the result of a test result obtained directly by the School.
All confidential medical information related to COVID-19 that the School acquires or obtains, including, but not limited to, information about a student’s health or medical conditions that may put the student at increased risk of serious illness should the student contract COVID-19.
B. Permissible Uses and Disclosures of Confidential Medical Information
The School may use and disclose a student’s confidential medical information to certain parties for certain purposes, including, but not limited to:
Disclosure to School employees who have a legitimate need to know the information;
Disclosure to appropriate persons where there is a health or safety emergency and the information is necessary to protect the health or safety of the student or others;
As required by law, subject to applicable restrictions.
C. Reasonable Safeguards for Confidential Medical Information
The School employs reasonable safeguards in order to protect against and limit the incidental use and disclosure of student confidential medical information.
As with other confidential medical information the School receives, the School will store confidential medical information related to COVID-19 in a medical file that is separate and distinct from the student’s other pupil records.
The School password protects all computers/networks used to store confidential medical information and restricts access to the confidential medical information to be accessed on a need-to-know basis, only.
School employees must utilize the following safeguards in order to limit the incidental use and disclosure of confidential medical information:
Determine if individuals not permitted to access confidential information are with a student before discussing the student’s confidential medical information.
Do not assume a student will permit disclosure of his/her/their confidential medical information to any individual.
Dispose of unnecessary paper products that contain confidential medical information in a shredder.