It recently came to my attention that the school (public) phy ed teachers have the middle school kids line up for weigh ins as part of their "physical fitness" evaluations they do each spring. (Boys in the boys locker room, girls in the girls locker room.) Their body fat and BMI is also analyzed. The results are told to them in front of the other students. There is no attempt at prviacy. Though my DD isn't embarassed by her weight, that is not true for most of her peers. I would have been mortified to experience this as a teenager.
To my surprise , I found out that when they get to high school this happens every quarter. A mother of a high schooler I know only found out about this because the results were listed on her report card, at which point the mother asked her child where the information came from.
Aside from this being just WRONG, isn't this a violation of HIPAA? Isn't weight, body fat, and BMI medical information which needs to be kept private? Can a school just post the results of weigh ins in the girl's locker room? I'd like to get my facts straight before speaking to the administration about this. (Though I'd LOVE to tell them they are free to weigh my daughter in public ONLY after all the staff members have been lined up for their public weigh in, I KNOW that won't get me very far :) LOL!)
Thank you for the quick answers and links. I've CORRECTED my spelling errors for those who were offended by my ignorance, however, if I knew everything about HIPAA I probably wouldn't have been asking this question. I am shocked that one of the largest institutions in the united states is exempt from HIPAA rules. Scares me, quite frankly. Are my children's medication requirements going to be posted on the nurses wall next?
2 updates: 1) My question to the school administration regarding what is done to protect their privacy and why this is necessary, along with a request for the exemption form, has gone unanswered. 2) My friend's daughter came home last night in tears because not only did her male gym teacher weigh her, it was done in the open gym and all her male classmates were present to witness. (we have co-ed classes.) My daughter is scheduled to be measured today. I told her she is to politely decline and if there is an issue the teacher should please call me.
This weigh in occurs in the middle of the locker room, with everyone present. There is no privacy. Everyone walks away knowing how much everyone else weighs. The results are also posted on the board outside the teacher's office (in the locker room.) I will present my concerns to the administration, who I have very good relationship with, and ask if I missed the opt-out sheet that was sent home. Barring any evidence as to how my child's weight and body composition in indicative of her ability as a student, I will request she be exempted from this practice. Our family doctor is quite apt at helping to keep us healthy. (This would be the same doctor we saw just 3 months ago for a sports physical during which he cerfified she is healthy enough to participate in school sports.)
Here's a thought. Why don't the schools get their act together with the school lunch program before they start posting kids BMI scores on the wall? Maybe if they weren't serving sausage corn dogs for breakfast and pizza bagels for lunch this would be less of an issue.
I would demand that my child not be a part of this, and I would raise my concerns with the school board as well. Kids don't need another reason to be bullied.
While this is not a HIPAA violation, it does appear to have ethical implications. I would contact the district superintentent and discuss you concerns about the school's current BMI reporting procedures.
I know that some schools have gotten into trouble for this. You could cause a stink with the school board if you feel strongly about this.
I wonder what would happen if the teachers' BMI's were on display for everyone to see...
HIPAA does not apply to schools - it covers health plans, health care clearinghouses, and health care providers who electronically transmit any health information in connection with transactions for which HHS (Health and Human Services) has adopted standards.
If you have a problem with this - talk with the Principal as well as the school board.
Why is weight and BMI included on a report card? That's NOT a grade or education issue. Discussing weight and BMI in front of the class is wrong in my book.
Good luck!
Oh that is awful! If they had done that to me in school I would be in therapy today.
The school is trying to use public humiliation to motivate the overweight students to loose weight. This is a very bad idea because shame is not actually an effective tool for motivation. I don't know if this practice violates HIPAA or not, but It is definitely bad school policy. There is no good reason why the student's weight and BMI cannot simply be written down and handed to the student.
Maureen H. mentions that schools may begin to use BMI to help determine grades, that is just so WRONG! I have known brilliant people who are overweight, it would be a horrible error to judge their intellect by their weight.
I can't answer the HIPAA question but I find the situation you describe shocking and unconscionable.
Good grief how about the schools stick to teaching academics and music/art. Isn't that enough for them to handle?
Highly doubt it's a HIPAA violation. But that doesn't make it right. Rather than going in guns blazing, I would simply point out that this information is private and potentially embarrassing and to request that they change the policy to one of just recording it in writing and any student who wants to see the info can ask to.
I would also check to see why this is being done. I know that in my state there is a law mandating BMI screening at periodic intervals (I think it's every other year or something) but we get a notice beforehand explaining that it will be done, why and when it will be done, and how to have our child opt out if desired. The nurse does it in her office and all records are private. You get a letter in the mail with the results, and I think that if your child's BMI is out of the average range, there is some additional generic info and a recommendation to consult with your child's doctor.
In the absence of some kind of law that mandates these kinds of checks as frequently as your school district is doing them, I would push very hard to have this practice abolished entirely and would have my child opt out just to make a point. There is no need for the school to be collecting this data with the frequency that they are doing.
It is not medical information if it is not collected in the medical environment. I would not bring HIPAA especially since you are spelling it wrong.
If you do not want 'your' child to participate then send a note stating that.
I do agree that the teachers should line up as well mind you. Lead by example, right?
It is not a HIPPA violation but it is a poor school policy to announce the results publicly. HIPPA does not apply to schools - it covers health plans, health care clearinghouses, and health care providers who electronically transmit any health information in connection with transactions for which HHS (Health and Human Services) has adopted standards. You might want to check with your state or district policy. They are probably required to check BMI's and report them to the parents, just like hearing and vision testing in certain grades, scoliosis testing, height and weight information. Getting this information on a report card does not bother me. I would discuss this public posting with the physical education teachers and the administrators. I would also try to get the PTA involved. If I did not get a satisfactory response, I would go to the district administration or the school board.
There was an article in the paper this weekend--or maybe it was last week's paper (I am a bit behind in my reading) about schools doing BMI checks. I totally agree that this sould be kept private. However, I do not see anything wrong with a basic check. My concern would actually be with the emphasis becoming on being skinny and kids-boys and girls-starting to diet when they do not need to. One reason schools are looking at this is that they are emphasizing healthy eating more. Instead of health class being about the body and organs etc, more is taught about how food feeds the body and everything works together and blood flow etc. I know that if my girls were told their BMI and weight in front of everyone and it was posted (why would this be needed???) they would be very upset. And I think one of my girls would be hellbent on improving it, possibly in a bad way due to how she sometimes compares herself to others now. Overall, not a bad thing but presented wrong, it could be disastrous.
This is not a HIPPA issue, but it is bad practice. HIPPA really applies to sharing of records and information without written consent.
If they are "posting" the weights, then you may have a point. If they are discussing them individually, but with others around, then there is no violation.
I would suggest finding out more specifics regarding the "how" and "where". At the MS where I work, this is done in the locker rooms, but the discussions happen individually off to the side.
I believe HIPAA is only applicable to health care providers. I don't think school Phys Ed teachers would fall into that category.
However, it certainly is concerning that a school would do this, especially at such impressionable ages as middle & high school. If they want to take measurements of each child to have in records, then they should respect the feelings & privacy of the students & keep those records private, for the child & parent's information only (beyond school officials).
Good luck in approaching this with the administrators!
T.
Although HIPPA does not apply to schools, as others have pointed out, there is a law know as FERPA, which does. FERPA applies privacy rules to public educational settings - I would check that and then contact the school. http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
Well, I think most schools now do a BMI screening. Ours does, but it is shared privately with parents.
This would have my heckles up, too!
It may not be protected info under HIPPA, but should be treated with more sensitivity, for sure.
Good luck!
I am 35y/o and this was standard practice when I was in Jr. High and High School! The only difference is that the boys and girls were not separated back then, it was done in the gym, in alphabetical order and read aloud so one teacher could do the measuring and one could write it down.
Yes, it is embarrassing but I lived through it and so will this next generation.
Due to the obesity increase, I heard that they are considering BMI as part of thier grade. I am not sure how I feel about that? I do not think that it should be listed for all to see, while I can udnerstand them taking the measurments. I know I need to have BMI measurements for my 5 year old for kindergarten.
I am glad that it is being watched. Much easier to get a 5 year old to start eating right, than somone who has been struggling/obese for years upon years. Not sure if they are going about it the right way.
However, this is newer. I am sure as the suggestions and different points of view come in the schools will change and adapt. Bring it up to the attention of the princepal and teachers and see what they say?
Good Luck
Like others have said this is not an HIPAA violation as it only is in regards to health care providers when any identifiable information is overheard, electronically transmitted, or written on paper is given without consent.
I know my school did this when I was in high school. The number was told in front of us but honestly not many if any of the kids where paying attention to what was being said.
I am sure that the teacher is not yelling it out and is saying it aloud for the person recording the information.
If you are that concerned then bring it up to the school. To be honest they probably will not do anything unless there are a number of parents complaining about the same thing.
I suggest that if you approach the administration without being critical and referring to laws you will get further. Appeal to their good nature and love of children. Tell them that this is embarrassing and causes some children to feel pain. I suggest that they will be more likely to change their policy given human incentives instead of legal incentives.
I also suggest that it's not likely that an opt out would be available. Measurements is a part of the curriculum and each student will use it to identify areas of concern and make a plan for better health. PE is much more than games. PE includes a unit on health and how to have a healthy life. Remember that most students are not from families with the same values as you. A large part of our population is over weight and headed for health issues that can be prevented.
