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Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102348
Experience:  Years of experience in running a medium sized law firm.
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I am being reprimanded non confidential student information.

Customer Question

I am being reprimanded for disclosing non confidential student information. A parent asked why my classroom was changed and I explained that a student with disabilities enrolled in school and needed access to an elevator. No names were discussed no description given and now I am to meet with an administrator for disclosing confidential information.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

1) What is your position?
2) What are you asking about this situation, exactly?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
I am a teacherI want to know if I did in fact disclosed confidential information by explaining that a student with disabilities need access to a room with access to an elevator
Expert:  Ely replied 1 year ago.

Well first of all, what is "confidential information?"

You are not bound by HIPAA, since this applies to medical professionals only.

You did commit a civil invasion of privacy arguably, since the element do not fit - see HERE.

So no, not really. At least, not under any legal statute. Now if the school's employment guidelines prohibit disclosing such information regardless of whether the name of the student is also included, it is a violation of this. However, the student's name was never disclosed, so even if against administrative rules, I doubt that this would be very much actionable. It sounds like an overreaction.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.