Education Law Questions? Ask an Education Lawyer
Hello! I am a licensed attorney who is admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. The answer to your question about whether they can request if the teacher has been tested for or has HIV is no. If they do end up getting a release, then the teacher would have a cause of action for public disclosure of private facts. Public disclosure of private facts means that private facts about a person that they would recently consider offensive, of being disclosed to the public, even if it is just one other person, without their consent. Ordinarily, if somebody is living with the condition like HIV or have been tested for HIV, then they are likely going to want to keep it private. Thus, the teacher may want to consider just writing a cease and desist letter. Lawyers use letters like these on the regular basis to enforce their client’s rights. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.
As far as your other question about the length of the release, it is legal to have a release for that time, but it is probably not necessary to have it extended for over two years. My recommendation would be to have the teacher explained that his medical information is private and that only the most necessary information to help resolve this complaint and to help be compliant with the terms of your contract is necessary to be disclosed.
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