SN/Gifted DD accused of cheating -- legal rights?

[Anonymous]

Long post, sorry, but I need advice.

My 8th grade DD is gifted, but has a learning disability that makes it difficult for her to follow directions at times. She works extremely hard to keep up with her peers academically, is very shy, is socially way behind her peers, and gets very anxious in stressful situations like tests. She has no IEP, has never needed or received any learning assistance. Her teachers know she has a learning disability, but because she's very bright, they do not make any accommodations for it. She looks and acts like a kid who is fairly typical but socially awkward.

When she was in 6th grade, DD misunderstood instructions on a test where she was allowed to use her notes but not her book. Her teacher noticed her looking in her book, she was given a detention and her grade was lowered.

This year, DD again misunderstood instructions on a test. She was told she could bring a certain type of calculator into a test. She couldn't find her calculator on the morning of the test, so brought one that had more functions than were allowed. She, in her SN logic, thought that if she didn't use the functions, there wouldn't be a problem. After the test, she showed the calculator to her teacher and told her she hadn't used any of the functions that were not allowed. She made mistakes on the test that could easily have been corrected had she used the calculator.

DD's school has a zero tolerance policy regarding cheating. Her teacher lowered DD's grade, which I felt was appropriate because DD had not followed directions. However, because DD had a "prior" she was reported to the principal, who said DD had cheated (even though she had made no attempt to hide the calculator, and clearly had not used all its functions). Because it was DD's second offense, the principal said DD will have to go before a peer review panel who will decide whether or not DD will be suspended from school for a week, which is the school's standard punishment for cheating.

I met with the principal, explained DD's issues (he knew nothing about them) and asked that she not be subjected to the peer review panel, which I feel would be devastating to her fragile self-esteem. She's very self-conscious, is acutely aware she is "different" from other kids and would suffer extreme humiliation and embarrassment if her learning disability/anxiety issues were exposed to a panel of her peers.

I told principal that DD was not trying to cheat, but that her learning disability and anxiety contributed to her thinking it would be OK to bring the incorrect calculator to the test but not use all its functions.

The principal is adamant that DD's actions constitute cheating, therefore she must go before this peer review panel. He says the peers on the panel are chosen carefully for their maturity and are sworn to confidentiality.

DD is very upset about this, understandably, says she was not trying to cheat, understands she made a mistake, and accepts that there are consequences for making that mistake. She is terrified of going before this panel, and would rather be suspended, even though she'd get an F on all her work for that week she is suspended.

I have decided I will not allow her to be put before this panel. I think DD would be severely damaged psychologically, so much so that I doubt she would be able to return to school afterward. I told this to the principal, who said he can make no exception for DD's disability/anxiety issues.

I think it would be more appropriate to require that DD meet with her teacher and/or a counselor to help her clarify what she did wrong, and learn how prevent this from happening again. The principal actually agreed with this, but said it is for the peer review panel to decide whether or not to suspend her.

What are DD's (and my) legal rights here? How do I go about preventing DD from going before this peer review panel without getting DD kicked out of school?

How do I protect DD's privacy? Her diagnosis makes her legally disabled even though she has no IEP. I believe she has a right to privacy regarding her medical/psychological issues, but I’m not clear what her rights are. Her only actual diagnosis is LD, although her teachers know she is very anxious.

Where do I go for help?

Advice most welcome. Thanks.

[Anonymous]

If you are in FCPS (???), I suggest reaching out to Sheree Brown-Kaplan, who heads up the Fairfax Association for Appropriate Public Education. Here's a link to the Facebook page for FAAPE:

https://www.facebook.com/FAAPE

Good luck!

[Anonymous]

I would also immediately request an IEP meeting to get her a 504. If you don't have the plan, you don't have a basis for them to address her LDs or accommodate her.

Bright kids need support too, and she can't be denied a 504 because she's bright. Maybe the only accommodation she would need is a different kind of test instructions. But I don't think you are doing her any favors by not getting her a 504.

There's no shame in having one and schools are good about students' privacy.

If you are in MCPS, the person to talk to is Marissa Stemple, and also maybe call your community superintendent.

[Anonymous]

Thanks for the link, PP. We are not in FCPS.

I hesitated to put this post on the SN forum because DD is so slightly affected at school by her learning disability. But this is an instance where her disability is, I believe, the root of the problem.

[Anonymous]

PP here. Another thing -- I would make clear that your concern is the peer review panel, not consequences for not following directions. Tell them she will accept the consequences of her actions.

[Anonymous]

Anonymous wrote:Thanks for the link, PP. We are not in FCPS.

I hesitated to put this post on the SN forum because DD is so slightly affected at school by her learning disability. But this is an instance where her disability is, I believe, the root of the problem.

PP here, sorry for multiple posts.

I would like to very gently suggest that this perspective may be part of the problem. If your DD has LDs that create anxiety, make it hard to follow directions, etc., she needs and deserves the help and support of the school system. She can't get that if you are avoiding working with the school or getting her formal accommodations -- I know it's hard as you may not want to "label" her, but this is clearly not in her best interest. With appropriate accommodations, she might be able to shed a lot of her anxiety and be happier at school. My own DD struggles with similar issues regarding instructions on tests and she's also a very bright, honor roll student. But these struggles cause her a LOT of anxiety and stress, even though teachers might have no idea if she didn't have a 504.

[Anonymous]

I agree with the PP.

You can't insist she has a learning disability that everybody knows about (except they don't) and thus that excuses the behavior when you don't have an IEP. I can't even follow your logic here.

You ask about legal rights. The only legal rights here I think are for you to get a formal 504 and IEP and go forward on a prospective basis based on that.

But I don't think you can now pull the "but she has a SN" card out of the deck and try to play it. You kind of have to have the baseline there already. Formally.

[Anonymous]

Anonymous wrote:I would also immediately request an IEP meeting to get her a 504. If you don't have the plan, you don't have a basis for them to address her LDs or accommodate her.

Bright kids need support too, and she can't be denied a 504 because she's bright. Maybe the only accommodation she would need is a different kind of test instructions. But I don't think you are doing her any favors by not getting her a 504.

There's no shame in having one and schools are good about students' privacy.

If you are in MCPS, the person to talk to is Marissa Stemple, and also maybe call your community superintendent.

That is the problem. She is too bright for a 504. She is not GT. This makes me so mad.

[Anonymous]

Anonymous wrote:I would also immediately request an IEP meeting to get her a 504. If you don't have the plan, you don't have a basis for them to address her LDs or accommodate her.

Bright kids need support too, and she can't be denied a 504 because she's bright. Maybe the only accommodation she would need is a different kind of test instructions. But I don't think you are doing her any favors by not getting her a 504.

There's no shame in having one and schools are good about students' privacy.

If you are in MCPS, the person to talk to is Marissa Stemple, and also maybe call your community superintendent.

OP again. Thanks for this suggestion. I don't know what 504 is. DD did have an IEP many years ago when her disability was much more pronounced and she needed some therapy (not learning assistance, though). But she's "outgrown" most of her disability. I put "outgrown" in quotation marks because that's what her teachers say! In fact, it's take years and years of therapy to get her to where she is today, a fairly typical kid in most outward aspects. She is still receiving some therapy privately, outside of school.

Doe the principal have to sign off on a request for an IEP/504, and why do I say she needs one? We're not in MCPS. Do I have to go to the school district, request an evaluation, etc. We did this when we lived in another part of the country, and it took almost a year to get the IEP. I think DD's teacher started the process. Now that DD has no clear need for and IEP I'm wondering why put her through a bunch of tests when we already have a diagnosis from an independent clinician? Plus, that won't help the current situation because the principal wants to set up this peer review fairly soon.

Does an IEP give DD certain legal rights that her diagnosis doesn't? Would I be able to put this peer review thing on hold pending conclusion of the IEP process? What if they refuse to give DD an IEP? Her diagnosis is of a "mild" disability, and she has no diagnosis for anxiety because we have not had her evaluated for that. Her anxiety only appears under stressful situations, like tests, mostly.

Thanks again for your help.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I would also immediately request an IEP meeting to get her a 504. If you don't have the plan, you don't have a basis for them to address her LDs or accommodate her.

Bright kids need support too, and she can't be denied a 504 because she's bright. Maybe the only accommodation she would need is a different kind of test instructions. But I don't think you are doing her any favors by not getting her a 504.

There's no shame in having one and schools are good about students' privacy.

If you are in MCPS, the person to talk to is Marissa Stemple, and also maybe call your community superintendent.

That is the problem. She is too bright for a 504. She is not GT. This makes me so mad.

I think you have been misinformed. There is no "too bright for a 504." Some schools may push back, saying she's working at or above grade level and therefore doesn't qualify, but that is not what the law says. You may need to hire an educational consultant to help you out with this -- a worthwhile investment if you can do it. If you have documentation of her disability, go in with that. If not, request testing but be aware that schools don't always provide the best testing and if you can bring your own, from an outside source that you know they accept, that may be best. You can get some recommendations here if you post your general location/school system.

[Anonymous]

Anonymous wrote:PP here. Another thing -- I would make clear that your concern is the peer review panel, not consequences for not following directions. Tell them she will accept the consequences of her actions.

PP, I have made this absolutely clear to the principal, but he's insistent that everyone has to be treated "fairly." To be honest, I think he thinks DD is NOT disabled, despite her disability diagnosis. I think he thinks she should be treated like every other kid because she looks and acts fairly "normal." He doesn't get SN at all, and has no idea how bad things were with DD years ago before DD entered his school.

[Anonymous]

Can the student panel review be suspended until you have a formal diagnosis? Or could arbitration from an independent outsider be used in lieu of the student peer panel?

[Anonymous]

Email the principal and say that you DD will not be attending the peer review counsel because it violates the HIPAA Privacy rules. Cc: the superintendent of schools.

Sit you daughter down and explain HIPAA and if anybody approaches her during school hours have her pull out a piece of paper and read...

I can not disccuss this with you because it violate HIPAA Privacy Rmules.

[Anonymous]

I would like to very gently suggest that this perspective may be part of the problem. If your DD has LDs that create anxiety, make it hard to follow directions, etc., she needs and deserves the help and support of the school system. She can't get that if you are avoiding working with the school or getting her formal accommodations -- I know it's hard as you may not want to "label" her, but this is clearly not in her best interest. With appropriate accommodations, she might be able to shed a lot of her anxiety and be happier at school. My own DD struggles with similar issues regarding instructions on tests and she's also a very bright, honor roll student. But these struggles cause her a LOT of anxiety and stress, even though teachers might have no idea if she didn't have a 504.

You can't insist she has a learning disability that everybody knows about (except they don't) and thus that excuses the behavior when you don't have an IEP. I can't even follow your logic here.

You ask about legal rights. The only legal rights here I think are for you to get a formal 504 and IEP and go forward on a prospective basis based on that.

But I don't think you can now pull the "but she has a SN" card out of the deck and try to play it. You kind of have to have the baseline there already. Formally.

Totally agree with these PP. Especially with bolded section.

[Anonymous]

I would google and do a little reading to get yourself up to speed on these issues so you can best advocate for your daughter.

A 504 is for kids who have LDs or other issues that require accommodations (such as teachers reading the test instructions to your DD) but don't require extra supports like classroom aids, special ed teachers, etc.

You can request an Educational Management Team (EMT) meeting right now, and you should. Say that you ask that the peer review be put on hold until after the EMT meeting, at a minimum. Consider getting an educational consultant to help look at your daughter's evaluation. If she had an IEP before, it should be easier to say that the issues are still affecting her and you request a 504 with accommodations -- an ed consultant can help you figure out which ones will help your DD and are most likely to be included in the 504.

Kids get 504s for things like ADHD, anxiety, dyslexia, etc. Your DD's accommodations might include teacher monitoring of tests to make sure she's following instructions, teacher reading of test instructions to DD, etc. If you tell us what her LD is, we might be able to tell you what accommodations have worked for our kids if they have similar diagnoses.