SN/Gifted DD accused of cheating -- legal rights?
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Anonymous
She is not applying it retroactively. The mother agrees there should be a consequence for using the wrong calculator decided by an intelligent and companionate adult. Her daughter has a medical condition called "anxiety". It may be GAD or social anxiety I am not sure. Her medical condition makes it so she can not go in front a review board of her peer. My child with anxieties would begin having physical twitches and verbal tics in this situation. Usually my child would be fine with minor blinking. But put in this situation, his medical condition would cause dire medical consequences that could cause lasting affects. Her daughter has anxiety and the peer review could cause depression or some other reaction. She has the right to privacy. To the poster above - it is not true that private schools and universities don't comply with IEPs. See link to the accomodations provided by Georgetown http://guarc.georgetown.edu/disability/accommodations/request/. OP - are you in the dc metro area. I have never hear of a private so dense. If it is catholic they do honor IEPs. |
Anonymous
Where are "GT kids protected by law"? Are you referring to state mandated GT education provisions? That has nothing to do with a 504 plan. http://www.wrightslaw.com/info/sec504.index.htm
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Anonymous
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In my DCs' private schools, both child and parent are required to read the school handbook and sign something at the beginning of the year acknowledging that you will abide by school policies. If the student tribunal is in the handbook (however stupid an idea it is at the Middle School level), and they signed, there are no legal rights in play here.
I agree the principal is being rigid and literal. I would try the letter from the therapist strategy. |
Anonymous
| Op, you've gotten good advice here and I do feel for you and your daughter. I just want to respond to one of your comments. Your neighbor who is in private but has an IEP likely has a service plan -- i.e., the public school is providing some special ed services like speech or resource help. Many people who had IEPs maintain a service plan while they are in private (even if they decline the offer of services -- it can be logistically difficult to pull a kid out of private in the middle of the day to run over to the local public school for a 30 minute speech therapy session). But maintaining the service plan makes it is easier to transition back to an IEP if the child returns to public. Good luck. |
Anonymous
The question of whether they're requesting support "retroactively" is a really important one. 504, IDEA, and ADA all require that disabilities be formally identified and requests for accommodations be made before the incident. So, for example, a student can't fail a test and then argue that they should have had extended time, or a student who is suspended can't argue after the incident that they have unidentified ADHD and that they should be forgiven on the grounds that their behavior came from poor impulse control. So, the OP's daughter is likely not protected from the suspension if that's the ultimate decision. The question then becomes whether the peer review panel is considered part of the punishment. If it's part of the punishment, then the OP's daughter likely can't be protected. On the other hand, if the peer review panel is considered an administrative procedure and not a punishment, then it's possible that if she becomes identified or begins the identification process between now and the panel, that she'll be eligible for accommodations or modifications to the panel such as: having someone else (mom?) appear to present her side so that she's not present, having the decision made by a smaller group or by an administrator alone, being able to present her side in writing rather than in person, etc . . . The other thing is that the one exception to the rule that you can't identify a disability after the infraction and expect protection from the consequences, would be if the school had failed to do it's due diligence in identifying the disability and writing a plan. If the parent had approached the school and shared the information about the disability and there was reason for the school to believe that the child had a disability that qualified them for an IEP, then it's possible that one could argue that the school was at fault and that the student deserves special education protections. It's important to note that this responsibility to identify students exists only in public schools and only under IDEA, and not under section 504 or the ADA, so the disability that the school identified would have to be considered educationally relevant. It's also important to note that under IDEA students are only protected against suspensions of more than 10 days, or cumulative short term suspensions that total 10 or more days. OP, I wish you luck. While I don't think you have much legal standing here, I do think you have a compelling reason to want a different consequence for you child, and I hope your child's principal sees that choosing an alternative method of discipline here would be the ethical and sensible route. |
Anonymous
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OP here. Thanks for all the responses.
One more question: What is my DD's right to privacy about her disability? (To clarify to the PP, I gave the school copies of the report from the licensed clinician stating that DD has a learning disability. There's nothing retroactive here. They knew DD has a disability before she set foot inside the school.) If DD were to go before this peer panel and argue that her disability influenced her choice to use the incorrect calculator, she would be revealing confidential information about her medical condition to a bunch of 8th graders and some teachers she doesn't know. Does some sort of privacy rule apply here? Why should DD be compelled to disclose her disability in front of her peers and some strangers? She's not going in front of the peer panel, no matter what. But, for the sake of argument, I was wondering what right she has to privacy, and whether this panel would violate it. Is that a compelling argument that might convince the principal to make the decision about DD's punishment himself? |
Anonymous
Five pages and someone finally suggests that you prepare your child to be successful in the inevitable situation that she finds herself. Here's the thing. 1. You choose the private school. 2. You choose a school with this peer review system. 3. You're DD engaged in behavior that got her brought up before the peer review - twice 4. You tried to get her out of it but the principal said no, no way, she goes through peer review Without even considering the merits of the situation and how to make your daughter successful in the future, the issue on your plate is accepting where you are and helping her get through her difficult situation in a successful manner. You lost the battle and you are spending way too much time licking your wounds and justifying your position when you just need to move on. You can't stop the peer review. The single only thing left for the immediate situation is to make her successful in the process. As a mom of a sensitive special needs child, all I can say is that if you accept where you are, you can help her be successful so that she is not scarred for life and that is your job now. |
Anonymous
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Op you really need to educate yourself. The fact that your daughter had these issues and youve been thtough the iep process but you don't know the difference between an IEP and a 504 is pretty bad.
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Anonymous
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OP-- I think you have gotten some excellent advice here. You need to do what is right for your daughter. First is to really educate yourself so you can be her advocate. Her incident in 6th grade should have been your warning. While hindsight is 20/20 I really wish, for your daughter, you knew more about IEPs/504s and private schools. Since she is heading back to public educate yourself so you do right by her.
Now? I would not allow the peer panel to go forward (did you not know of this?!?). I do think that is way too Lord of the Flies for me too. Tell the Principal she will not be participating and accept the suspension. You know her. If that is what she needs then do it. Speak to the teachers, tell them you expect a packet of work and make her to it with you. Really sucky position. Now you know. Move on. |
Anonymous
| op you have gotten so many great answers and suggestions. I think you have everything you need to proceed. Now you just starting to sound annoying. |
Anonymous
| OP, hmm, you don't know if it is worth it to get an IEP/504 in this case? OP, this is going to happen again. As some of the PPs wrote, you are not doing your daughter any favors by not providing the teachers with a framework to address here anxiety, etc. You need to play the long game here and not react to each move like a novice chess player. You are assisting neither your daughter nor her teachers with this approach. |
Anonymous
I knew there was no way to get through an entire thread without snark. There, you did it. Are you satisfied? This was a great and useful thread, but you, PP have put a trollish cap on it. Does that make you feel good? |
Anonymous
You really need to calm down and learn the meaning of troll. I've made several suggestions and so have many others but OP seems to have an agenda and doesn't want to listen. It's starting to show. Why can't I say that without being attacked by historical women like you. |
Anonymous
| OP - she does not have to reveal her LD to the panel at all. state her reasoning, however strange/stupid it may sound to fellow 8th graders. i honestly don't think one needs to have any LD to use the same reasoning as your DD's. we all make bad decisions under pressure. |
Anonymous
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OP, I think the peer review panel sounds whack. And I think you are whack. Why? For a lot of reasons, including your comment about the lasting effects of the PRP long after the cheating incident has been forgotten. My guess is that the school doesn't want the incident to be forgotten: they want transgressors to remember it enough to not repeat it again. I am not a fan of the peer review panel - kind of "Lord of the Flies" as PP mentioned, but it is what it is. You applied to the school on your DD's behalf, signed the handbook, and now want to be free of scrutiny.
As opposed to focusing on getting your DD out of the peer review panel, why don't you turn your attention to getting her an updated IEP and 504 and on sound ground for HS. |