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

[Anonymous]

Anonymous wrote:Here is what I see as the problem (public MS teacher here). If DD had no LD issues whatsoever, then she would be required to go before this panel. Let's leave out the fact that I feel the panel is a bad idea, and acknowledge that it is part of school rules (this sounds very private school to me, btw, I've never heard of this in public school, but my private MS and HS both had one). You say DD has an LD issue, but you unfortunately have no LEGAL documentation of such. No IEP, no 504. Therefore, in the eyes of the school, your DD is "normal", and that is why the principal is insisting on the appearance in th tribunal.

PP was correct that if you are in private school, you are at their mercy when it comes to LD issues. There are no laws governing the process in privates. If you are in rpivate, I would gently suggest, given the setup and principal's attitude, that it may not be the best fit for your DD. Although you say it hasn't really affected her in the past, it honestly has (two times a fairly serious issue has arisen due to her LD), and you need to advocate for your DD so she gets the official support she needs to succeed. And a public school is required by law to do this. This is not about "labeling", it's about utilizing tools that will put your DD on EQUAL footing with peers, and not placing so much of the burden on her shoulders. A good 504 is nothing to fear!

Good luck with this-as I said, legally I don't think you have much wiggle room (morally and humanely is another story!!), as you have not set any precedent with the school prior to this. I hope the principal sees reason, but if he doesn't, it's a clear sign to me that you need to find a better school to fit DD, and get the ball rolling in terms of getting the proper documentation.

I feel for you and your daughter, OP, and I think this teacher is right.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Op, I understand that you don't want to say where you live, but is your dd in a private school? The laws regarding IEP's ad 504 plans only apply to public schools.

If it's private she has no "legal rights" in this matter at all.

ADA and HIPPA applies everywhere.

[Anonymous]

Yes GT kids get better, more, the best. The rest of us not so much.

Anonymous wrote:

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.

Huh? Two of my kids are GT (2E) and each have a 504 plan.

[Anonymous]

Anonymous wrote:Yes GT kids get better, more, the best. The rest of us not so much.

Anonymous wrote:

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.

Huh? Two of my kids are GT (2E) and each have a 504 plan.

I have no idea what PP is inferring. 504 plans (if necessary) are available to "bright" students, including but not limited to GT students. "She is too bright for a 504" is an incorrect statement.

[Anonymous]

I think the pps mean FERPA. HIPAA is for health care.

[Anonymous]

OP needs to clarify if she is in public or private. As a number of posters have pointed out, the "rules" and legalities are completely different for each.

[Anonymous]

Anonymous wrote:

Anonymous wrote: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.

Thank you! This is exactly what I need.

To the other PPs: Thanks for your suggestions about getting an IEP. I need to figure out whether it's worth the effort in this case. The IEP we had in the past for DD resulted in minimal (and useless) school-provided therapy for DD because her disability didn't affect her ability to function at school (which of course it did, but don't get me started....) We ended up using private therapists for DD.

Does anyone know whether DD's diagnosis from a licensed clinician qualifies her as legally disabled?

A few years ago when DD had an IEP, I was told that DD qualified as disabled under the ADA, which gave her specific legal rights.

At DD's current school, I gave a copy of DD's diagnosis to the school's learning specialist and to the principal, who clearly never looked at it. It's in DD's file somewhere. I also gave copies directly to each of DD's teachers, and explained the nature of DD's disability. She does not have formal accommodations, but the teachers do make adjustments for her as anyone would, say, for someone with a bad knee or poor eyesight.

Until this incident, there has been no need for any legal protection for DD. I posted here because there are so many lawyers, and so many parents of SN kids who might be able to tell me what DD's legal rights are.

I will protect her from this peer review because I'm certain it would harm her.

PP, do you have a link that explains the HIPPA rules in layman's terms?

Thanks.

Not pp, but I don't think this has any bearing on "legally" preventing your DD from going before the peer panel. HIPPA deals with health plans and healthcare providers:

The Privacy Rule, as well as all the Administrative Simplification rules, apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities”).

http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html

[Anonymous]

I feel it's been fairly well- established that OPs DD is in private.

[Anonymous]

I think you are letting your daughter off too easily. She knew she wasn't supposed to use that calculator which is why she showed it to the teacher. She just expected she would get special treatment and that the rules did not apply to her. Hmm wonder why that is?

[Anonymous]

No I am not incorrect. 2 ld kids, not Gt - do not qualify for 504. Just because yor kid does- doesn't mean everybody does.

Anonymous wrote:

Anonymous wrote:Yes GT kids get better, more, the best. The rest of us not so much.

Anonymous wrote:

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.

Huh? Two of my kids are GT (2E) and each have a 504 plan.

I have no idea what PP is inferring. 504 plans (if necessary) are available to "bright" students, including but not limited to GT students. "She is too bright for a 504" is an incorrect statement.

[Anonymous]

I think you are letting your daughter off too easily. She knew she wasn't supposed to use that calculator which is why she showed it to the teacher. She just expected she would get special treatment and that the rules did not apply to her. Hmm wonder why that is?

I agree with this. You both seem to want her seen and treated as "normal" until you don't think it's fair.

[Anonymous]

Anonymous wrote:I think you are letting your daughter off too easily. She knew she wasn't supposed to use that calculator which is why she showed it to the teacher. She just expected she would get special treatment and that the rules did not apply to her. Hmm wonder why that is?

You know that how?

My sons teacher said, "one more word and you will sit in the hallway." he said one more word because he wanted to sit in the hallway. That is how his brain works.

He did not understand the problem. He does not understand idioms, sarcasm, etc.

I believe she thought using a calculator but not using all the functions was not wrong. It's logical to me.

They should just do a retest.

[Anonymous]

Anonymous wrote:No I am not incorrect. 2 ld kids, not Gt - do not qualify for 504. Just because yor kid does- doesn't mean everybody does.

Anonymous wrote:

Anonymous wrote:Yes GT kids get better, more, the best. The rest of us not so much.

Anonymous wrote:

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.

Huh? Two of my kids are GT (2E) and each have a 504 plan.

I have no idea what PP is inferring. 504 plans (if necessary) are available to "bright" students, including but not limited to GT students. "She is too bright for a 504" is an incorrect statement.

As I stated previously, 504 plans are available to "bright" students IF NECESSARY.

[Anonymous]

information on FERPA -- only applies to public schools, though OP, so it sounds like ti won't help you.

http://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html

[Anonymous]

Anonymous wrote:

Anonymous wrote:I think you are letting your daughter off too easily. She knew she wasn't supposed to use that calculator which is why she showed it to the teacher. She just expected she would get special treatment and that the rules did not apply to her. Hmm wonder why that is?

You know that how?

My sons teacher said, "one more word and you will sit in the hallway." he said one more word because he wanted to sit in the hallway. That is how his brain works.

He did not understand the problem. He does not understand idioms, sarcasm, etc.

I believe she thought using a calculator but not using all the functions was not wrong. It's logical to me.

They should just do a retest.

As a parent of a child with an Aspergers diagnosis, I get where you are coming from. With that said, I would not ask for special treatment for things like the OP is talking about. That is how any child learns. He would need to learn that what the teacher says is what she means - use the right calculator. Only use the notes and not the book.

I don't agree with the peer panel deciding what happens to the OP's DD. But I think it's a disservice to push things under the wrong even though she very clearly broke the rules.

The school needs to be fully aware of her LD. They can't make accommodations or phrase or assign things in a way she'll understand if they are not fully aware with a clear plan you decide on as a team.

She broke the rules and needs to learn the consequences. Her teachers need to have a plan for presenting information in a way that will work for your DD from now on.