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.

[b]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/.
[/b]

This incorrect.  Your are confusing your terms.  IEPs do not follow the child to college or university.  Read:  ww.tcnj.edu/~technj/2004/transition.htm  Trust me, I just lived the college app. experience.  You cited to Georgetown University's "Accommodations".  Yes, some colleges provide "accommodations".  Almost all say they do - the trick to finding out if the college or university will be of any real help is to call the accommodations office and find out how many staffers they have available for counseling or tutoring.  I have an entire book written about the accommodations provided at each cpllege  school (forgot the name right now).  We visited campuses that had strong accommodation offices and a reputation for really helping the kids function in the college atmosphere.  What your child is supposed to do once in college (and, yes, we divulged in the essay the nature of the issue - child got in on EA) is to go to the accommodations office and self-advocate for what they need.  Of course they may take their IEP with them and show them to demonstrate the nature of the problem.  If the disability office is strong, they will help structure a college experience that will work for the student.  Often the only perks a an Aspie or ADHD student might get is a copy of the professor's lecture notes.  Or more time on an exam.  Or extra time on turning in papers.  Maybe tutoring if a strong office with many skilled tutors.

Also, it is expected that the college student herself or himself will do the advocating and will come to the accommodations office if they are in trouble.  But there will be no written IEP, team teaching or other benefits that you may be used to with an IEP in a public school system.  The student is supposed to take whatever is worked out with the accommodations and take it to their professor and explain, "Hi, I'm so and so and I have Asperger.  I work very hard but my difficulties are x, y and z and I tend to overwork a project - or whatever the issue is".  Then the Professor is supposed to take the lead and help by seating the student at teh front of the class, providing extra time on exams, etc.  But the system is entirely student run.  The college does not want velcro parents hanging around.  If the professor does not comply, then the student takes the issue back to the Accommodations office.  They may or may not take action.  It really depends on the university.
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