Your child’s BMI was measured at school: consent, privacy and the letter

It is the law that put minors’ BMI measurement inside the vaccination process and inside the school. For a parent, the useful part is not the programme but the safeguards: there is a consent procedure, measurement happens in a private setting, the datum is confidential, and if the result indicates childhood obesity they must summon you and hand you a letter explaining what it means.

Children who go to Vaccination Centers and to pediatricians’ offices administering immunization vaccines; and, in the school setting, students from kindergarten through twelfth grade. The written notice duty reaches both public and private educational institutions.

• That the minor be a student from kindergarten through twelfth grade, for the school measurement; or that they attend a Vaccination Center or pediatrician’s office administering vaccines, for measurement in that setting.Verified against the official source

• Immunization Certificate with the BMI Registry Code section, which the Department of Health must include under Act No. 25 of September 23, 1983, as amended.
• Written notice to the parent or guardian when the Immunization Certificate indicates a BMI Registry Code establishing childhood obesity, explaining what BMI is, the possible medical implications and suggesting a pediatric visit.

1. 1

   Step 1: There must be a consent procedure

   The Orientation Protocol the Department of Health develops and that public and private institutions must implement incorporates the CDC recommendations, and the first is this: “Involve parents, guardians, students and school staff and ensure there is a procedure for obtaining consent for taking the measurements.” Asking about that procedure is asking about something the law requires to exist.

2. 2

   Step 2: The measurement happens in a private setting

   It is among the recommendations the law adopts: “Ensure that measurements are taken in a private setting.” Also: ensure there is specialized personnel trained in taking measurements so the results are reliable, and use appropriate, calibrated instrumentation so weight and height measurements are reliable and valid.

3. 3

   Step 3: The datum is confidential and handed over by summoning you

   The Department of Education shall adopt by regulation strict specific procedures and guidelines to ensure the confidentiality of the information regarding the BMI Registry Code. That regulation must require the staff custodian of that information to summon the parents in order to hand them the correspondence. And the Department shall require its staff to safeguard the information and shall prohibit its disclosure beyond what Education and Health specify.

4. 4

   Step 4: What the letter must say

   Public and private institutions must ensure written notice is sent to the parent or guardian if, upon receiving the Immunization Certificate, it indicates the child has a BMI Registry Code establishing childhood obesity. The letter must explain what the Body Mass Index is and the possible medical implications this may signify, and must suggest a pediatric visit to explore treatments and rule out associated conditions. The responsible staff are the physical education teacher, nursing staff or, failing that, the school social worker or principal.

5. 5

   Step 5: When it is measured at school

   At public educational institutions, at the start and end of the school semester, from kindergarten through twelfth grade. The law sets both moments: the first measurement must be taken before the first visit of parents or guardians, before the first ten (10) weeks, so they can be informed and educated directly about their child’s status; the second must be before Physical Activity Week, held on April 6 of each calendar year.

6. 6

   Step 6: The datum may not be used to evaluate teachers

   It is expressly among the recommendations the law adopts: “Do not use BMI data to evaluate the performance of physical education or school health teachers.” It is a safeguard that also protects the quality of the data.

7. 7

   Step 7: If you do not vaccinate the minor, the pediatrician does the calculation

   It is the rule almost nobody knows. If the parent or custodian, under Article 5 of Act No. 25 of September 23, 1983 — which allows filing a sworn statement indicating that for religious or clinical reasons they do not wish to immunize the minor — does not take the minors in their care to be vaccinated, it becomes the responsibility of the pediatrician attending them to calculate the Body Mass Index and give them a certification with the specifications the law provides.

The Department of Health develops the Orientation Protocol and the instructional module to train staff; the Department of Education adopts the confidentiality regulation and includes results in the Student Information System. If the school fails on consent, privacy or confidentiality, the claim goes to the Department of Education; the complaint route is in our school guides. If your matter is the vaccine exemption itself, that is the school vaccines guide.

• Not asking about the consent procedure: the law requires the protocol to ensure one exists.
• Accepting that the minor be measured in front of the class: the law requires a private setting.
• Accepting that the datum circulate: Education must prohibit disclosure beyond what is specified.
• Receiving the letter without the explanation: it must say what BMI is and the possible medical implications.
• Believing it applies only to public schools: the written notice duty also reaches private ones.
• Looking for a fine in this law: it sets none.

These are the government pages this guide is based on.

• Departamento de Educación de Puerto Rico

  Educación

  bvirtualogp.pr.gov

• Department of Education

  Departamento de Educación

  www.de.pr.gov