PLEASE, EMAIL AND LEAVE A PHONE MESSAGE WITH THE SENATE SWITCHBOARD FOR SENATE EDUCATION COMMITTEE MEMBERS REGARDING HB 1144 (LEGER) WHICH SEEKS TO REPLACE PARENTAL AUTHORITY WITH GOVERNMENT. PLEASE, ALSO ASK YOUR CONTACTS TO DO THE SAME. SIMPLY ASK THAT THEY VOTE NO TO HB 1144 BECAUSE IT IS IN VIOLATION OF ACT 837 AND THE 4TH AMENDMENT RIGHT TO PRIVACY OF CHILDREN.
(CONTACT INFO IS AT BOTTOM OF THIS POST.)
THE COMMITTEE MEETS AT 9:00 A.M. THIS MORNING!
(CONTACT INFO IS AT BOTTOM OF THIS POST.)
THE COMMITTEE MEETS AT 9:00 A.M. THIS MORNING!
The following email was sent to Senate Ed. Committee members from The People, LLC regarding HB 1144 (Leger) which seeks to institute required collection of certain information via wellness exams of children entering Kindergarten or 6th Grade conducted per American Academy of Pediatrics guidelines.
"Dear Committee Members:
We ask that you consider our concerns regarding HB 1144 (Leger):
HB 1144 (Leger) states that each student entering kindergarten or grade six in any public school 'shall provide satisfactory evidence of completion of a wellness evaluation.'
We believe such a requirement will result in the violation of Act 837 by an official or school system employee. According to the Act, 'no official or employee of a city, parish, or other local public school system shall require the collection of any of the following student information'
'(f) legally recognized privileged or analogous relationships , such as those
of lawyers, physicians, and ministers.'
The bill further requires that such 'wellness evaluation shall:
(2) Be completed in accordance with the health guidelines for preventative care screenings and well-child visits established by the American Academy of Pediatrics.'
These guidelines include the collection of additional information that is illegal for officials or employees of public school systems to require to be collected:
'(b) Mental or psychological problems of the student or the student's family. (c) Sexual behavior or attitudes.
(d) Illegal, anti-social, self-incriminating, or demeaning behavior.
(e) Critical appraisals of other individuals with whom a student has a close
family relationship.
(i) Biometric information.'
By requiring a wellness evaluation per the American Academy of Pediatrics, our public school system will be requiring the collection of such information. Such a requirement is prohibited by Act 837.
Act 837 does not say that this information can be required to be collected 'as long as there is an opt-in or an opt-out.' It also does not say that this information can be required to be collected as long as the information is not shared with the school. What Act 837 does say is that this information cannot be required to be collected.
Rep. Leger has made the case that the school will only receive documentation that a wellness exam occurred, or that the student/parent or guardian has dissented from providing that documentation. His argument falls short, however, at the point of his requirement that a student/parent/legal guardian 'shall provide satisfactory evidence of completion of a wellness evaluation.' Since such a requirement cannot exist per the Act 837 prohibition on requiring the collection of information of a student’s 'legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers,' then neither can the dissent exist.
It is important to note that HB 1144 provides that: 'Nothing in this Section shall be construed or implemented to require that a student or his parent or legal guardian provide any medical record or other information to the school other than the documentation required by Subsection A of this Section.' As the opportunity exists for this information to be collected and/or shared by/through the School Based Health Centers, this required collection will, in many cases, result in the school system receiving/sharing this privileged information.
A final consideration is that Rep. Leger has, in part, rested passage of this bill on the fact that documentation of immunizations is required for school entrance. In the event that a parent chooses not to provide such documentation, a dissent must be submitted. To Rep. Leger, this is analogous to HB 1144. We think not.
While it was previously the case that immunizations were only administered in a doctor’s office, that is no longer the case. Parents have, for some time now, had the option to have immunizations administered at the corner drug store. Additionally, Act 837 did not exist in 1990 when the immunization requirement became law. Act 837 does exist now.
Thank you for consideration of our very serious concerns related to protection of the 4th Amendment Right to Privacy of Louisiana Citizens…which includes Children.
Angela Alef & Karen Champagne,
The People, LLC"
We ask that you consider our concerns regarding HB 1144 (Leger):
HB 1144 (Leger) states that each student entering kindergarten or grade six in any public school 'shall provide satisfactory evidence of completion of a wellness evaluation.'
We believe such a requirement will result in the violation of Act 837 by an official or school system employee. According to the Act, 'no official or employee of a city, parish, or other local public school system shall require the collection of any of the following student information'
'(f) legally recognized privileged or analogous relationships , such as those
of lawyers, physicians, and ministers.'
The bill further requires that such 'wellness evaluation shall:
(2) Be completed in accordance with the health guidelines for preventative care screenings and well-child visits established by the American Academy of Pediatrics.'
These guidelines include the collection of additional information that is illegal for officials or employees of public school systems to require to be collected:
'(b) Mental or psychological problems of the student or the student's family. (c) Sexual behavior or attitudes.
(d) Illegal, anti-social, self-incriminating, or demeaning behavior.
(e) Critical appraisals of other individuals with whom a student has a close
family relationship.
(i) Biometric information.'
By requiring a wellness evaluation per the American Academy of Pediatrics, our public school system will be requiring the collection of such information. Such a requirement is prohibited by Act 837.
Act 837 does not say that this information can be required to be collected 'as long as there is an opt-in or an opt-out.' It also does not say that this information can be required to be collected as long as the information is not shared with the school. What Act 837 does say is that this information cannot be required to be collected.
Rep. Leger has made the case that the school will only receive documentation that a wellness exam occurred, or that the student/parent or guardian has dissented from providing that documentation. His argument falls short, however, at the point of his requirement that a student/parent/legal guardian 'shall provide satisfactory evidence of completion of a wellness evaluation.' Since such a requirement cannot exist per the Act 837 prohibition on requiring the collection of information of a student’s 'legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers,' then neither can the dissent exist.
It is important to note that HB 1144 provides that: 'Nothing in this Section shall be construed or implemented to require that a student or his parent or legal guardian provide any medical record or other information to the school other than the documentation required by Subsection A of this Section.' As the opportunity exists for this information to be collected and/or shared by/through the School Based Health Centers, this required collection will, in many cases, result in the school system receiving/sharing this privileged information.
A final consideration is that Rep. Leger has, in part, rested passage of this bill on the fact that documentation of immunizations is required for school entrance. In the event that a parent chooses not to provide such documentation, a dissent must be submitted. To Rep. Leger, this is analogous to HB 1144. We think not.
While it was previously the case that immunizations were only administered in a doctor’s office, that is no longer the case. Parents have, for some time now, had the option to have immunizations administered at the corner drug store. Additionally, Act 837 did not exist in 1990 when the immunization requirement became law. Act 837 does exist now.
Thank you for consideration of our very serious concerns related to protection of the 4th Amendment Right to Privacy of Louisiana Citizens…which includes Children.
Angela Alef & Karen Champagne,
The People, LLC"
SENATE ED. EMAIL BLOCK:
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected]
SENATE SWITCHBOARD: (225) 342-2040
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected]
SENATE SWITCHBOARD: (225) 342-2040