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Legal Eagle
Legal Eagle, Education lawyer
Category: Education Law
Satisfied Customers: 5266
Experience:  Extensive education law experience
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Can they school include a second releasle of information for

Customer Question

Can they school include a second releasle of information for the psychologicaL NOTES ANd type in HIV assment when the original letter to the teacher only asks for release of ETOH and mental health? can the release be dated for two years hence 6/30/19? Can the teacher can that date to refelect the current date otherwise the school can keep sending for records whenever they want and that was not part of the written agreement signed by the teacher.
JA: What's the contract for? Who are the parties?
Customer: A teacher and a school district Central Square Schools. The contract was to settle a dispute between the teacher who left a personal writing in his desk that had swear words and a student got it inadverently and they put the teacher on leave since may and threatened to take him to a stste hearing. They worked out an agreement that included he would go to a medical exam and now they want his medical hiostory for the last 3 years and the releases have an expiration date of 6/30/19.
JA: Is the employment "at will," union, full time, or part time?
Customer: Union
JA: Anything else you want the lawyer to know before I connect you?
Customer: I feel the second release is a sneaky way to ask for HIV that is otherwise not available to the District
Submitted: 2 months ago.
Category: Education Law
Expert:  Legal Eagle replied 2 months ago.

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.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?