I believe my daughters students rights were violated and I am looking for advice on if I am correct. Pennsylvania. It

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Customer: Hello. I believe my daughters students rights were violated and I am looking for advice on if I am correct
JA: Can you confirm which state you're in? It will help the Lawyer give you a specific answer since laws can vary by location.
Customer: pennsylvania
JA: Do you have any court dates or documents relevant to this situation?
Customer: No. It just happened this week and I pulled her from school and am trying to figure out how to move forward
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by Andres Sanchez in 13 mins 2 months ago
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Andres Sanchez
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Andres Sanchez, Expert

Hello my name is***** and I am an attorney with 18 years of experience. Please give me a minute to review your question and provide a response. I am sorry to hear that. Can you tell me what happened to her?

Customer
Thank you. My daughter (13 year old female in 8th grade) went to school on Tuesday with a skin irritation under her eye. We first noticed it on Monday night and put Neosporin on it. She has sensitive skin and this kind of thing has happened before.
She wasn’t in any pain and went to school on Tuesday. The principal noticed it in the cafeteria and said it looked bad and she needed to go to the nurse, which she did. The nurse called me and we talked about it, no big deal. The principal then showed up in my daughters classroom and told her it looked worse and made her go back. Then on Wednesday she went to school again. She had my daughter go to the nurse 4 times. The principal was present during each visit. Then the principal showed up to each of my daughters classes (once they had already started) and told the teacher, in front of the class, that something is going on with her face. She gave my daughter disinfecting spray, told her she couldn’t move, and made her wipe down everything she touched (including her desk and chair) before and after class. She told one of the teachers it could be monkey pox. Needless to say all the kids….in every class…moved their desks away from her and everyone screams at her that she has monkey pox. The nurse never told me it was an emergency or a cause for concern, she told me to have a doctor check it out. She wasn’t sent home. I ended up picking her up early on Wednesday because she was having a panic attack and too scared to go into class because the principal was there waiting for her. My daughter also said every time the principal made her go to the nurse, she would accompany her and she was taking “photos.” That information wasn’t given to me when the nurse called. Anyway, my daughter is scared to go back to school because her face isn’t healed….and she’s afraid the principal will harrass her and embarrass her in front of everyone. She already has kids making fun of her because of the principals actions, that will be enough to deal with. I plan to set up a meeting with the principal to discuss the school policy around medical privacy and discussing it in front of her class. I am just wondering where I can find if her student rights were violated in some way before I go talk to the principal.
Customer
Also please note that we went to the doctor, and it’s a simple skin irritation. The doctor said she is free to be at school with no restrictions.
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Andres Sanchez, Expert

That is terrible. Potentially you could argue that her rights were violated to sue to her mistreatment and if they violated any of the school policies they have in place when it comes to medical treatment of children. You may want to ask them what the policy is since the principal seemed to bypass the nurse who saw no need to take action, and the harm it caused your daughter.
Customer
When reading through the district policies, I don’t really know what this falls under. The nurse did tell me that the principal was the one who was concerned and I asked if she needed to come home but she said no. But if there is no detailed rule around “sanitizing practices” and she singled out my child and treated her in an unfair way does that count as violating her rights?
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Andres Sanchez, Expert

Honestly you can try and argue because she was singled out and embarrassed when the proper thing would have been to send her home if there was a safety concern, but whether that rises to the level of violating her rights is hard to say.

Customer
what about if the principal is taking pictures of the skin irritation. Should this have been done by the nurse? Are there rules between what duties are reserved for a nurse? Or does the principal trump that?
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Andres Sanchez, Expert

That should be done by the nurse. You would have to ask the principal about what the school policies are regarding treatment which may include pictures.

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Andres Sanchez, Expert

Does that help answer your question?

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Andres Sanchez, Expert

It appears I have answered your question. Best of luck.

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