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

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

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

ADA and HIPPA applies everywhere.[/quote]

Incorrect.  Private schools do not have to comply with IEPs.  Nor do colleges or universities, public or private.  I don't think there is a HIPPA issue here.  I've never heard of anyone using HIPPA in a school setting.[/quote]

The ADA cannot be applied retroactively, as in, let me tell you about my disability in order to escape from this thing that is now happening to me.  If you provide evidence of a disability, the school is responsible to provide accommodations for the future.  It's not a get-out-of-jail-free card.[/quote]

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.[/quote]

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.  [/quote]

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