People are letting us know that they have been emailing Rep. Leger and some have received responses. We also emailed the representative. Our email, his response, and our reply follow:
Our Initial Email:
"Dear Rep. Leger and House Education Committee Members:
We are writing in reference to HB 302 which, if passed, will require a child wellness evaluation for each student entering kindergarten or sixth grade, whether in public or private school.
'Section 1. R.S. 17:173 is hereby enacted to read as follows:
§173. Wellness evaluation of persons entering kindergarten; wellness evaluation of persons entering sixth grade; standards; duty of chief administrators; exception
A.(1) Each person entering any kindergarten within the state shall present satisfactory evidence of a comprehensive wellness evaluation which meets the requirements of Subsection B of this Section.
(2) Each person entering the sixth grade in any school within the state shall present satisfactory evidence of a comprehensive wellness evaluation which meets the requirements of Subsection B of this Section.'
'B. The wellness evaluation required by Subsection A of this Section shall meet all of the following requirements:
(2) Be completed in accordance with the health guidelines for preventive care screenings and well-child visits established by the American Academy of Pediatrics.'
The wellness evaluation includes questioning regarding psychological issues, risk/self-incriminating behavior, relationships, biometric information which are all included per the American Academy of Pediatrics. Information related to the student's relationship with their physician (e.g., whether or not they had a screening) is also something that schools will be collecting upon enrollment.
It is illegal for any such information to be required to be collected from students in Louisiana and it also cannot be mandated that parents divulge such information according to Act 837:
'C.(1) Notwithstanding any provision of this Subpart or any other law to the contrary, 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 unless voluntarily disclosed by the parent or legal guardian:
(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.
(f) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers.
(i) Biometric information.'
Rep. Leger includes an exception in his bill:
'E. No person shall be required to comply with the provisions of this Section if a written dissent from the student's parent or guardian is presented.'
The inclusion of such a statement does not, however, make HB 302's requirements legal under Act 837, since the Act states very clearly:
'C.(1) Notwithstanding any provision of this Subpart or any other law to the contrary, 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 unless voluntarily disclosed by the parent or legal guardian.'
It is also important to note that causing parents to believe that this is a requirement for school enrollment hardly qualifies such disclosure as 'voluntary' given Louisiana's Compulsory Education Law.
We also would like to point out that we can find nothing within our state's constitution that could make legal the regulation by the state of private schools or their students.
We ask that Rep. Leger withdraw the bill from consideration. Should he choose to move forward with the hearing, we ask committee members to vote "NO" on the basis that its provisions are illegal under Act 837 of 2014.
Angela Alef & Karen Champagne,
The People, LLC"
"Dear Rep. Leger and House Education Committee Members:
We are writing in reference to HB 302 which, if passed, will require a child wellness evaluation for each student entering kindergarten or sixth grade, whether in public or private school.
'Section 1. R.S. 17:173 is hereby enacted to read as follows:
§173. Wellness evaluation of persons entering kindergarten; wellness evaluation of persons entering sixth grade; standards; duty of chief administrators; exception
A.(1) Each person entering any kindergarten within the state shall present satisfactory evidence of a comprehensive wellness evaluation which meets the requirements of Subsection B of this Section.
(2) Each person entering the sixth grade in any school within the state shall present satisfactory evidence of a comprehensive wellness evaluation which meets the requirements of Subsection B of this Section.'
'B. The wellness evaluation required by Subsection A of this Section shall meet all of the following requirements:
(2) Be completed in accordance with the health guidelines for preventive care screenings and well-child visits established by the American Academy of Pediatrics.'
The wellness evaluation includes questioning regarding psychological issues, risk/self-incriminating behavior, relationships, biometric information which are all included per the American Academy of Pediatrics. Information related to the student's relationship with their physician (e.g., whether or not they had a screening) is also something that schools will be collecting upon enrollment.
It is illegal for any such information to be required to be collected from students in Louisiana and it also cannot be mandated that parents divulge such information according to Act 837:
'C.(1) Notwithstanding any provision of this Subpart or any other law to the contrary, 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 unless voluntarily disclosed by the parent or legal guardian:
(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.
(f) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers.
(i) Biometric information.'
Rep. Leger includes an exception in his bill:
'E. No person shall be required to comply with the provisions of this Section if a written dissent from the student's parent or guardian is presented.'
The inclusion of such a statement does not, however, make HB 302's requirements legal under Act 837, since the Act states very clearly:
'C.(1) Notwithstanding any provision of this Subpart or any other law to the contrary, 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 unless voluntarily disclosed by the parent or legal guardian.'
It is also important to note that causing parents to believe that this is a requirement for school enrollment hardly qualifies such disclosure as 'voluntary' given Louisiana's Compulsory Education Law.
We also would like to point out that we can find nothing within our state's constitution that could make legal the regulation by the state of private schools or their students.
We ask that Rep. Leger withdraw the bill from consideration. Should he choose to move forward with the hearing, we ask committee members to vote "NO" on the basis that its provisions are illegal under Act 837 of 2014.
Angela Alef & Karen Champagne,
The People, LLC"
Rep. Leger's Response which he also copied to the Committee Members:
"Thank you for writing. To be very clear, no data is being collected through this Act. No medical records, test results or otherwise are required to be submitted to any school official. The only requirement is either a certification that an examination has occurred or a dissent that the parent or guardian prefers that one not occur or prefer not to report that it has occurred.
To suggest otherwise is misleading.
Thanks.
Walt"
"Thank you for writing. To be very clear, no data is being collected through this Act. No medical records, test results or otherwise are required to be submitted to any school official. The only requirement is either a certification that an examination has occurred or a dissent that the parent or guardian prefers that one not occur or prefer not to report that it has occurred.
To suggest otherwise is misleading.
Thanks.
Walt"
Our Reply:
"Dear Rep. Leger and Committee Members:
Data most certainly is collected during wellness visits and it is collected per the guidelines of the American Academy of Pediatrics and includes the various categories of information which we listed in our previous email and which are violations of Act 837 of 2014.
We are confident that a closer reading by you of the law will reveal that it is the act of "requiring the collection" which is the violation, regardless of who is actually collecting or receiving the information. It is clear that the Act does not hold that the information need be collected by the school in order to be a violation.
The violation of LA law occurs when the collection by any entity for any reason is REQUIRED by an official or an employee of a school district.
Additionally, the requirement that a parent provide to a school "either a certification that an examination has occurred or a dissent that the parent or guardian prefers that one not occur or prefer not to report that it has occurred" is a violation of Act 837 and a case in which the information is directly collected by the school.
Rep. Leger, while you many not consider the tracking of whether or not a child has had a wellness examination to be data, it is most definitely considered to be data by the federal government, even to the extent that it is protected under HIPAA Privacy Rules.
Other considerations are cost and the right of citizens to decide which services they will and will not accept. You may have heard the saying, 'You can lead a horse to water, but you cannot make him drink.' We believe that with the creation of the Medicaid program, taxpayers have provided the water. How much of our money and other resources do you now plan to expend in forcing citizens to drink?
School systems will have to create and provide certificates and utilize personnel to track whether or not forms have been submitted. What will happen if a parent has not submitted the proof or the dissent? Will their child be refused entry into school? All of this does not even address the cost to the taxpayers of having to pay through Medicaid for the wellness visits since we are only charged for the visits that actually occur. Add to that the fact that, as taxpayers, we already provide schools with money for sight and hearing screenings which, by the way, are voluntary.
For these and other reasons, we again ask that you withdraw this bill from consideration; or else, we ask that committee members vote "NO" to HB 302.
Angela Alef & Karen Champagne
The People, LLC"
"Dear Rep. Leger and Committee Members:
Data most certainly is collected during wellness visits and it is collected per the guidelines of the American Academy of Pediatrics and includes the various categories of information which we listed in our previous email and which are violations of Act 837 of 2014.
We are confident that a closer reading by you of the law will reveal that it is the act of "requiring the collection" which is the violation, regardless of who is actually collecting or receiving the information. It is clear that the Act does not hold that the information need be collected by the school in order to be a violation.
The violation of LA law occurs when the collection by any entity for any reason is REQUIRED by an official or an employee of a school district.
Additionally, the requirement that a parent provide to a school "either a certification that an examination has occurred or a dissent that the parent or guardian prefers that one not occur or prefer not to report that it has occurred" is a violation of Act 837 and a case in which the information is directly collected by the school.
Rep. Leger, while you many not consider the tracking of whether or not a child has had a wellness examination to be data, it is most definitely considered to be data by the federal government, even to the extent that it is protected under HIPAA Privacy Rules.
Other considerations are cost and the right of citizens to decide which services they will and will not accept. You may have heard the saying, 'You can lead a horse to water, but you cannot make him drink.' We believe that with the creation of the Medicaid program, taxpayers have provided the water. How much of our money and other resources do you now plan to expend in forcing citizens to drink?
School systems will have to create and provide certificates and utilize personnel to track whether or not forms have been submitted. What will happen if a parent has not submitted the proof or the dissent? Will their child be refused entry into school? All of this does not even address the cost to the taxpayers of having to pay through Medicaid for the wellness visits since we are only charged for the visits that actually occur. Add to that the fact that, as taxpayers, we already provide schools with money for sight and hearing screenings which, by the way, are voluntary.
For these and other reasons, we again ask that you withdraw this bill from consideration; or else, we ask that committee members vote "NO" to HB 302.
Angela Alef & Karen Champagne
The People, LLC"