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

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[quote=Anonymous][quote=Anonymous][quote=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.[/quote]

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.

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

Thanks.

[/quote]

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:

[quote]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”).[/quote]

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

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