The St. Helena School Board recently issued the following edict:
"...the following provisions have been taken, with no exception:
- All students are required to submit the Southeast Community Health Systems Consent Form to return to school. No student will be allowed on any campus without the signed form. Click HERE to access the online form or complete the paper copy that was sent home with your student.
- All students will be tested for COVID-19 this Monday, November 16th. If a parent decides not to have their child tested, that student must quarantine for 14 days.
- All schools will be closed Friday, November 13th for deep cleaning. No virtual classes will be held on that day either. Schools will reopen Monday, November 16th.
- Students must always wear their face masks on the bus and at school. While all students are aware of this requirement, some fail to comply. Future non-compliance will result in out of school suspension and a 14-day quarantine.
- Parents/guardians must inform the school immediately if their child is suspected of having COVID-19 or experience COVID-like symptoms. That student and any children living in the same household must remain home. In addition, all students in the home must be tested and provide the school with their negative test results before returning to school."
The People, LLC sent the following email to all St. Helena School Board members this morning and posted the same information on their FB page:
To: [email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected]
"St. Helena's COVID Testing Policy Violates LA's Student Data Privacy Law
THIS IS ILLEGAL UNDER LA RS 17:3914 (LA's STUDENT DATA PRIVACY LEGISLATION):
https://www.legis.la.gov/Legis/Law.aspx?d=920124
"A. The legislature hereby declares that all personally identifiable information is protected as a right to privacy under the Constitution of Louisiana and the Constitution of the United States.
B.(1) For purposes of this Section, "personally identifiable information" is defined as information about an individual that can be used on its own or with other information to identify, contact, or locate a single individual, including but not limited to the following:
(a) Any information that can be used to distinguish or trace an individual's identity such as full name, social security number, date and place of birth, mother's maiden name, or BIOMETRIC RECORDS."
These rapid antigen tests definitely meet that definition:
https://www.biometricupdate.com/.../biometrics-could-help...
"antibody testing to identify individuals who are now immune to the virus due to recover from prior infection, allowing them to resume work or travel...can biometrically identify the individual and tie them to the test results"
Like the antibody tests, antigen tests also can biometrically identify the individual and tie them to the test results:
"The BinaxNOW COVID-19 Ag Card can produce results in 15 minutes that appear directly on the card, and Abbott has paired it with an app, Navica, that’s intended to work as “temporary digital health pass”
17:3914 GOES ON TO SAY:
" 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:
(i) Biometric information"
Please, notice that AN OFFICIAL OR EMPLOYEE IS IN VIOLATION IF THEY REQUIRE THE COLLECTION OF BIOMETRIC INFORMATION. It does not matter if the parent is given the choice of a 14-day in-home suspension. The system cannot require the collection of biometric information for those in attendance.
Also, this information may only be collected by the school if Voluntarily Disclosed By The Parent Or Legal Guardian. Since the parent does not have this biometric information to disclose, there is nothing for the system to collect from them; and, the system cannot require them to collect it.
THE LAW ALSO PROVIDES MONETARY PENALTIES & JAIL TIME FOR VIOLATORS:
"a person who violates any provision of this Section shall be punished by imprisonment for not more than six months or by a fine of not more than ten thousand dollars."
ONE FINAL NOTE: ATTENDANCE ALLOWED ONLY IF A CONSENT FORM IS SIGNED IS NOT CONSENT—IT IS COERSION."
To: [email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected]
"St. Helena's COVID Testing Policy Violates LA's Student Data Privacy Law
THIS IS ILLEGAL UNDER LA RS 17:3914 (LA's STUDENT DATA PRIVACY LEGISLATION):
https://www.legis.la.gov/Legis/Law.aspx?d=920124
"A. The legislature hereby declares that all personally identifiable information is protected as a right to privacy under the Constitution of Louisiana and the Constitution of the United States.
B.(1) For purposes of this Section, "personally identifiable information" is defined as information about an individual that can be used on its own or with other information to identify, contact, or locate a single individual, including but not limited to the following:
(a) Any information that can be used to distinguish or trace an individual's identity such as full name, social security number, date and place of birth, mother's maiden name, or BIOMETRIC RECORDS."
These rapid antigen tests definitely meet that definition:
https://www.biometricupdate.com/.../biometrics-could-help...
"antibody testing to identify individuals who are now immune to the virus due to recover from prior infection, allowing them to resume work or travel...can biometrically identify the individual and tie them to the test results"
Like the antibody tests, antigen tests also can biometrically identify the individual and tie them to the test results:
"The BinaxNOW COVID-19 Ag Card can produce results in 15 minutes that appear directly on the card, and Abbott has paired it with an app, Navica, that’s intended to work as “temporary digital health pass”
17:3914 GOES ON TO SAY:
" 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:
(i) Biometric information"
Please, notice that AN OFFICIAL OR EMPLOYEE IS IN VIOLATION IF THEY REQUIRE THE COLLECTION OF BIOMETRIC INFORMATION. It does not matter if the parent is given the choice of a 14-day in-home suspension. The system cannot require the collection of biometric information for those in attendance.
Also, this information may only be collected by the school if Voluntarily Disclosed By The Parent Or Legal Guardian. Since the parent does not have this biometric information to disclose, there is nothing for the system to collect from them; and, the system cannot require them to collect it.
THE LAW ALSO PROVIDES MONETARY PENALTIES & JAIL TIME FOR VIOLATORS:
"a person who violates any provision of this Section shall be punished by imprisonment for not more than six months or by a fine of not more than ten thousand dollars."
ONE FINAL NOTE: ATTENDANCE ALLOWED ONLY IF A CONSENT FORM IS SIGNED IS NOT CONSENT—IT IS COERSION."