Schools Might Gatekeep COVID-19 Cases Due to Privacy Laws

Parents, teachers, and students altogether are still doubtful whether school reopening for the fall semester is the right decision amid the COVID-19 pandemic.

U.S. President Donald Trump has demanded schools reopen in fall as he claimed that the virus does not easily spread among children.

Some large school districts such as Los Angeles and San Diego have opted for online classes this fall.

However, some school districts have already resumed face-to-face classes this summer and are currently struggling with COVID-19 cases.

On July 27, Corinth School District in Mississippi has been affected by COVID-19 cases among students and teaching staff in its elementary, middle school, and high school.

This resulted in over 100 students into quarantine, according to a Forbes report.

In Tennessee, around 50 COVID-19 cases have been recorded in five school districts since it resumed in July.

Many parents will soon send their children back to schools despite fears of the COVID-19 pandemic, and whether they will be notified when COVID-19 hits their schools.

Schools Informing About COVID-19 Cases

According to a USA Today report, school districts, health departments, and other concerned agencies gave mixed messages whether they will release information about COVID-19 cases in students and staff at campuses.

The report also showed little consistency in how schools and health departments plant to relay the information.

Many cited medical and educational privacy laws to keep even basic counts of coronavirus cases. This even with federal guidance saying those laws should not hinder disclosure.

Legal experts said that schools could share information as long as they do not identify individuals.

In Florida, Martin County teachers have recently heard rumors that a school employee died from COVID-19, just days before the start of in-person classes.

District spokesperson Jennifer DeShazo confirmed the death but not the cause. DeShazo mentioned the HIPAA, which is a federal law that only applies to medical practitioners releasing information.

In Tennessee, officials said they would not collect, release data of COVID-19 cases in Tennessee schools.

"At this time, we do not plan to ask school districts to submit formal reports to us about COVID-19 cases and do not plan to systematically release school-specific information on cases among students and/or staff members," Health Department spokesperson Shelley Walker was quoted in a report.

Walker said the department would encourage school districts to track COVID-19 cases to understand the disease's threat and take needed steps to curb the further spread.

Legal Experts

Legal experts and government transparency advocates say schools have a history of abusing privacy laws to keep information secret.

This has forced the public to enter lawsuits to gain access to records.

Justin Silverman, who leads the New England First Amendment Coalition, said many states are also citing HIPAA for keeping COVID-19 cases information in nursing homes.

Dr. Nathaniel Beers, who serves on the American Academy of Pediatrics Council on School Health, said that school districts should have basic COVID-19 case counts and responses for the general community.

Beers also said that there should be detailed information to people with direct exposure and a general information health screening guidance for others on the campus.

"For schools to be open, you need staff to feel like safety is first. You need students and parents to feel safe is first. You need the broader community to feel like the school is taking care of business and not putting everyone else in harm's way," Beers was quoted in a report.

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