Letter From School District Attorney - Help!!

Posted on: Tue, 02/14/2006 - 6:40am
bandbmom's picture
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Joined: 12/14/2005 - 09:00

Today we received a letter

[This message has been edited by bandbmom (edited February 27, 2006).]

Posted on: Tue, 02/14/2006 - 7:23am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

I'd have to look up the letter but if memory serves me, I had an attorney for the district inform us, upon our refusal to consent to a "full case study, not [i]limited[/i] in scope", and after I withdrew my cub to homeschool, that they would pursue "due process" and or "state mediated" action in order to obtain a case study, not limited in scope if I ever chose to re-enroll him in "district-wide" programming.
Never found out because two years later after a change in administration, I re-enrolled him in the district and [i]requested a full case study not limited in scope[/i] [img]http://uumor.pair.com/nutalle2/peanutallergy/tongue.gif[/img].
Is it an instance of them having an obligation after having been made aware of a need?
I've asked before: Can one's obligation to serve a child's best interest be relieved by another's permission? [i]even a parent's permission?[/i] Or refusal? I mean, as long as a child is under that person's care?
Now, that said, my school has never been provided "carte blanche" to access my cub's medical records. [img]http://uumor.pair.com/nutalle2/peanutallergy/tongue.gif[/img] My physician has always provided a letter to the district, pertinent lab results, etc. "Need to know" information. With the caveat in the letter that if further information is necessary, please be specific and request it. (Not necessarily saying it would be found to be necessary and thus provided, either).
I mean, if there is something that is necessary and pertinent, surely they can put a name on it?
Anywhoooooooooooo, I'm not offering advice, no way no how, just relating my own personal, highly individual, and unique situation and asking questions I don't know the answers to. Individual Mileage May Vary. I could have just lucked out. KWIM?

Posted on: Tue, 02/14/2006 - 7:35am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

My school district's
[b]explanation of procedural safeguards"
"available to parents/guardians of students with disabilities"[/b]
not sure if it is meant for "504", but we have an IEP,
includes this section:
"[b]IMPARTIAL DUE PROCESS HEARING[/b]
[b]Requesting a Due Process Hearing[/b]
[i]A parent or local district m ay present a complaint requesting a due process hearing regarding the distric't proposal or refusal to initiate or change the identification, evaluation, or educational placement of a student or the provision of a free, appropriate public education and which sets forth an alleged violation that occurred not more than 2 years before the date the parent or local district knew or should have known about the alleged action that forms the basis of the complaint."
No advice, just the copy my district provides me with. Maybe they vary.

Posted on: Tue, 02/14/2006 - 7:50am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

aha. the *exact* wording in the letter. I dug it up:
"[i]As you are aware, the District believes that best educational interest would be met by conducting a case study evaluation. Your option to home school obviously changes his educational status.
At this time, the District does not pursue mediation and/or due process hearing procedures for the identification of special needs for students who are home schooled. Should you wish the case study evaluation process to proceed, please do not hesitate to inform the District of your desire. Keep in mind, however, that should you re-enroll within District programming, the District will be pursing a case study evaluation that is [b]not[/b] limited in its scope. More specifically, the limited consent that you previously tendered to the District will be deemed a denial and mediation/due process procedures will be initiated.[/i]"
No advice, just the wording of the letter *I* recieved in my own personal, highly individual, and unique situation. IMMV.
[i]But it's a small world.[/i]

Posted on: Tue, 02/14/2006 - 7:51am
Corvallis Mom's picture
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Joined: 05/22/2001 - 09:00

Quote:Originally posted by MommaBear:
[b]My physician has always provided a letter to the district, pertinent lab results, etc. "Need to know" information. With the caveat in the letter that if further information is necessary, please be specific and request it. (Not necessarily saying it would be found to be necessary and thus provided, either).
I mean, if there is something that is necessary and pertinent, surely they can put a name on it?
[/b]
Exactly. Stand your ground. Speak to your physician about this overzealous move on the SD's part which is clearly an effort to undermine the provisions of HIPPA. They DO NOT NEED TO KNOW everything in your child's medical records. They have a right to immunization records and whatever is PERTINENT to the 504 designation and measures to be taken as a result. Nothing more.
I think you need to talk to a real attorney, someone who deals with IDEA/ADA law on a regular basis. Call local advocacy groups for Downs or autism. They will probably have several names. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
[This message has been edited by Corvallis Mom (edited February 14, 2006).]

Posted on: Tue, 02/14/2006 - 8:05am
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Joined: 05/28/2009 - 16:42

Lawyer time. Yes they have a duty to proceed to a due process hearing. It is in the Section 504 guidelines.
We are in a similar predicament except that the school has not followed guidelines at all, they said if we refused blanket consent, they would not proceed. By the guidelines they should have initiated due process hearing. We are going to have to afford a lawyer somehow as well.

Posted on: Tue, 02/14/2006 - 8:10am
Gail W's picture
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linking: [url="http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002189.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002189.html[/url]
The consent form states, [i]"To release all information contained in my child's records..."[/i] to the SD.
[This message has been edited by Gail W (edited February 14, 2006).]

Posted on: Tue, 02/14/2006 - 8:30am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by bandbmom:
[b]... the District is initiating a Section 504 due process hearing to override your refusal to consent to permit the District to consult with "Bradley's" physicians. [/b]
I don't necessarily see this as a "bad" thing. Is it just me?
I understand that getting a letter from an attorney would have my heart up in my throat. I'd be freaked out too. (Actually, I'm already freaked out about my own situation. Wondering if I will be receiving a very similar letter.)
Isn't it entirely possible that the hearing officer will rule in your favor? The SD asserts its position. You assert yours. A hearing officer makes a ruling. Maybe you'll "meet in the middle" such as the District will provide it's questions in writing to the hearing officer who will determine if they are relevant to the eligibility issue, and then forward those questions to your allergist.
When I think about it unemotionally, it seems, well.... sensible... and in your interest.
You're not required to be represented by legal counsel, are you? I agree with you that most attorneys are not as knowledgeable about 504 as the parent....

Posted on: Tue, 02/14/2006 - 8:43am
Gail W's picture
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Joined: 12/06/2001 - 09:00

Quote:Originally posted by Corvallis Mom:
[b]I think you need to talk to a real attorney, someone who deals with IDEA/ADA law on a regular basis. Call local advocacy groups for Downs or autism. They will probably have several names. [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] [/b]
And also... Maybe talk to a supervising attorney at your regional OCR office? You don't need to file a complaint, you can just ask questions on the phone. I would think they'd be able to give you some helpful information, may be even some case law.

Posted on: Tue, 02/14/2006 - 9:19am
anonymous's picture
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Joined: 05/28/2009 - 16:42

I agree Gail, I'm considering pushing the issue with the school district. They have simply REFUSED to continue with the eligibility hearing if we don't sign consent, my understanding of procedure is that it is their obligation to go to due process. I think our district has not done this as they have majorly screwed up. We are going to ask for a due process anyways, but I'd almost like to have them request it, they'll look like idiots when I bring out the stack of paperwork I have. I think this is a good thing as well, although I'd be nervous.
At the very least maybe you could get the hearing officer to have their questions put in writing, wasn't one "what does this mean, avoid tree nuts?". Hopefully the hearing officer will see through them.

Posted on: Tue, 02/14/2006 - 9:22am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by hblmom:
[b]I agree Gail, I'm considering pushing the issue with the school district. They have simply REFUSED to continue with the eligibility hearing if we don't sign consent, my understanding of procedure is that it is their obligation to go to due process. [/b]
[i]say it isn't so.[/i]
Makes one wonder about school districts that have knowledge of children with LTFA in school with no accommodation or emergency plan and don't do a [i]d___[/i] thing about it, huh?

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