Need Opinions/Advice Regarding A Public School Battle

I have found myself in the middle of a battle with the Principal and Nurse at my child's public school, and it is about to escalate to including the school board. At this point I am going to post the policy in question, which appears to be the most pressing issue at this point, but not the only issue. If this belongs somewhere else, I apolgize - please move as necessary, as I wasn't sure where to put this.

My child went to the public school here for the first 5 years of their life, moved and attended a different public school system, and came back 4.5 years later to the original public school system.

A copy of my child's last physical info, which was done 2 years prior and immunization records, which were/are 100% current, was sent along with records from our previous school. Now that we’ve been here for almost a year (my child completed last year & entered the next grade this year), the school says, according to state law, my child has to have a physical and basically that this was to have been done before we entered school last year.

My child had a physical over the summer, so this is NOT the issue.

State law specifies a physical must be obtained “prior to or upon first entry into the public school system”. Last year was not my child's “first entry” into this states public school system. I have verified that neither the school nor the school district has any additional policies of their own regarding school physical requirements, though the law provides them with the right to do this - they adhere only to the state law that I mentioned.

They have sent me one letter regarding this matter thus far, basically trying to bully me into providing them with the results from my child's physical, which, according to my interpretation of the law, they have no right to. They mention that they took it upon themselves to telephone our pediatrician to try to obtain this on their own (without my consent) and were told that I would have to authorize the release of such info, though they were given my child's updated immunization records, which they already have minus the non-required shot my child had over the summer. They confirmed that my child did have a physical, the date of the physical and that there are no restrictions via the telephone with our pediatrician, so they know my child has had a physical.

What do you all think?

Are they just being nosey, pushing my boundaries or I am obligated to bend to their will? Again, this is not my child's “first entry into the public school system” not only in this state, but this particular school?

State law reads that a student must submit a physical exam form "prior to or upon first entry into the public school system". When it comes to law, it is my undestanding that language is very specific. The word "first" could only mean "first". If that word "first" was not included, I would be obligated to comply.

To fill you in just a tiny bit, last year, I was told by the nurse that it "was not a requirement" but she would "like (for my child) to have one." Now, they are saying that I am not complying with state laws!

I am just looking for your input - it all seems so blown out of proportion & I don't know how its gotten to this point. Part of me wonders if I should just give them what they want & feels that I am being unnecessarily difficult. If they had just sent me a request last year, I would've complied without even thinking about it.

The issue is that they are not following the state laws regarding this matter, and they are requesting something of me that they have no right to request, according to the law. The issue is that the more we let people take away our rights, the less rights we’ll have. If they wanted to legally require this of me or any other student, they could, provided they create their own policies to specify such requirements in addition to the state laws.

Just my opinion,

Why not simply do the physical and get on with life. I can see how such a simple and irrelevant issue can get anyone even myself at times in an uproar with all the red tape involved when dealing with law. So i guess ill go with what i said at the beginning, simply do the physical and be done with it.

Once again, this only my humble opinion.

I know in my area the child is supposed to have a physical every year and if the child is attending a new school, then you must show the medical paperwork before the child can be assigned to a class, including results. The school gives you a form for the doctor to fill out for the physical asking if any shots were given that day, history of illness, etc. If there is an issue with insurance or the scheduled appointment hasnt arrived yet, the child would still be able to attend class but the paperwork HAS to be submitted by a certain date.

They overstepped their boundary by getting in touch with your doctor. In some cases the nurse can do that but to my knowledge only after the child is enrolled and has a medical problem.

reply to post by tristar


They physical was done long before they requested it. They confirmed this when they contacted my pediatrician.

Their issue is that I refuse to comply with their demand to authorize my pediatrician to provide them with the results of this physical.

The issue is that they are not following the state laws regarding this matter, and they are requesting something of me that they have no right to request, according to the law. The issue is that the more we let people take away our rights, the less rights we’ll have. If they wanted to legally require this of me or any other student, they could, provided they create their own policies to specify such requirements in addition to the state laws, as the law specifically allows for this.

The physical is a non-issue & has been completed. The issue is whether or not, according to state law, the school has a right to request this information - and I might add they are not "requesting" it - they are demanding it!


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reply to post by serendipitynow


Well, you can go either way, one way is and more than likely costly is to have them contact your lawyer the other is simply to give what they are requesting (demanding).

reply to post by WeBrooklyn


My child has no medical problems. When I enrolled my child last year, I specifically asked if I should schedule a physical for enrollment and was told, "Oh, no...we will get everything we need from the previous school. As long as (your child's) immunizations are up to date you are all set."

There was a conversation with the nurse a few months later when she was quite irrate that the only info the previous school would provide to her were his immunization records and the date of his last physical with a statement saying there were no restrictions. The school had also informed her that it was illegal to provide her with anything more. When she couldn't get me to contact the school to request they provide her with whatever she wanted (I still don't know exactly what it is she really wants), she said she take care of it herself, that she was "going to do whatever she had to do to get that information from that school."

The principal also sent a copy of the letter they sent me to my pediatrician - the letter stating that I was not complying with state law.

reply to post by serendipitynow


Request a hearing of the school board. Get totally, completely prepared. State your case minus what anyone could perceive as an activist stance. See what happens.

reply to post by serendipitynow


My god! If you have nothing to hide just give them the information, Of course they can ask for it! They may have misplaced the information. In which case you allow them the information again, I really dont see the problem, Other than you wanting a battle with the school system.
Despite the fact the school is entitled to the information.
Spmetimes its easier not to turn everything into an argument and just accept your responsibility

Due to the +45 million illegal immigrants from 3rd world countries in OUR country getting FREE school for their kids....their kids have lots of disease WE eradicated years ago.

That is why they are demanding more physicals to TRY and deal with all the diseased kids WE'RE being forced to have taught in our schools for free.

You won't be successful in fighting them over this. Only other option is homeschooling.

I say take it to them. They have confirmation that the law was followed and that his vaccines are in order. There is nothing else they really seem to need. I would ask the nurse exactly what she is looking to find.

I would also have a discussion with my doctor about how much information they give. I would be upset that they even told the school nurse that my child had been there. What if an abusive ex had somebody trying to find the kid to abduct them?

My doctor will not even confirm a patient has been in their office unless you give them permission. The only exception is for the insurance company or a subpoena.

To me, the physical is a non-issue. That is not really what this is about.

The state law reads that proof of a physical must be provided prior to or upon first entry into the public school system.

My child's first entry into the public school system was not last year.

The words used in law are meant to define and uphold the law, meant to be binding. The law does NOT read "new student" - it reads "first entry".

"First" is a very specific word - it cannot be interchanged with other words. It can't be changed to second and it cannot be repeated. First can't happen more than once. Once first has happened, you can't take it back or turn it into something else. "First" DOES NOT mean "new". The law specifically uses the word "first".

The school interpretation of this law is completely different than mine. They are completely ignoring the word "first".

The school is telling me that I am not in compliance of a state law. I don't even know if they have the authority to judge something like that.

I'm not asking you what your school does.

I'm asking you to tell me what you interpret "upon first entry into the pubic school system" to mean.

Would you object to a statement from the pediatrician just stating that your child is in good health?

I am pretty sure with the confidentiality laws in place, this is the only thing that needs to be provided. Most doc offices have a form letter they send to schools, with a simple one sentence statement as such, to the schools.

I know that in my school district, physicals are required for all students entering 3rd, 6th, and 9th grades, regardless of if they already have one on file. The letter sent from the doc office is a one sentence statement verifying the child is in good health and up to date on immunizations (or provides a statement that the parents are not immunizing the child for whatever reasons).

Don't know if this helps or not.

reply to post by serendipitynow


You are absolutely in the right, take it to them. Sounds like the nurse is being nosy, why do they need so much info on your kid anyways?

reply to post by serendipitynow


I understand your need to pursue this issue on principle and not just give them what they want. If everyone complied blindly with unusual and illegal requests then our personal rights would erode very rapidly.

I've found that when I have problems with the principal at my kids' school, a quick call to the superintendent of schools in our district took care of the problem immediately. These people hate controversy and put pressure on the schools to make the complaint "go away".

Will you keep this thread updated with the results?

reply to post by serendipitynow


Stand for what you believe is right and don't give in to opinions that goes against those believes.

In the end you can always sue the school and bring the issue to the local news papers.

reply to post by serendipitynow

I understand that my point being made here is after the fact in your case but I thought I would post this video anyway. It has a lot of information about this subject and shows just how much we don't know.

Are immunizations safe?
Are you legally obligated to immunize your child?
Is there a link between immunizations and Autism?
Have immunizations been responsible for the eradication of deadly diseases?
What are your rights and what are the facts concerning immunizations?

This is a 2 1/2 hour presentation, "Are Vaccines Safe?", that has a lot of information and contact sources for those that have question such as the one you have pertaining to your rights.

Google Video Link

ADD; In case you don't like that source, here is another.
Mercury, Autism and the Global Vaccine Agenda
Presented by David Ayoub, M.D.

Google Video Link

I haven't finished watching this last one, but added it anyway.

reply to post by serendipitynow

1st, do what it takes to confirm admission, even if it seems overreaching.

Then, fire back.

Draft a specifically-targeted Open Records/FOIA request to the school, school board and Sate education administration. Think each one over, and do not back down.

At the school level, ask for the resume, application and review/assessment of every one of your child's teachers, aides, subs assistants and coaches. Then, do a separate one for ALL teachers, et c., and coaches. Ask specifically for all letters of reference or recommendation sent by or acquired by the school for the last 4 years.

Make similar requests to the School Board for all recommendations, warnings, claims, charges, allegations, investigations, admonitions, terminations and transfers

(Do your own Google-type keyword searches for these at yhr same time for support and back-up.)

Send the same request that you sent to the School Board to your State Education authority.

You will soon:
become familiar with various record custodians.and information administrators;
learn about the varying levels of secrecy within your school system;
be able to create an outline of information, and withheld information, affecting your child and her peers;
have the attention of education authorities at multiple level; and.
be able to formulate new, refined, requests to follow up on your initial requests.

Take Charge!

jw

I agree, if you are going to play by their rules by sending your child your a public school you must abide by their laws and rules. Same thing- if your going to sign a tax form upon hiring of a new job you cant double back and say you wont pay taxes- you signed up for it. Besides you should know better than to expect anything less.
Homeschool your child, or you pay the price by having your child indoctrinated with lies.

If the root of your concern is you dont have to have to vaccinate your child again, (i am against mandatory vaccinations) than look into your local law for waivers to get out of it due to spiritual beliefs.

Originally posted by xynephadyn
I agree, if you are going to play by their rules by sending your child your a public school you must abide by their laws and rules. Same thing- if your going to sign a tax form upon hiring of a new job you cant double back and say you wont pay taxes- you signed up for it. Besides you should know better than to expect anything less.
Homeschool your child, or you pay the price by having your child indoctrinated with lies.

If the root of your concern is you dont want to vaccinate your child again, (i am against mandatory vaccinations) than look into your local law for waivers to get out of it due to spiritual beliefs.

reply to post by xynephadyn


They are the ones not playing by their own rules, that is the issue.

My child is completely up to date with vaccinations - this is not an issue.

.