Letter From School District Attorney - Help!!

Posted on: Tue, 02/14/2006 - 6:40am
bandbmom's picture
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Today we received a letter

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

Posted on: Tue, 02/14/2006 - 7:23am
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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
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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
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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
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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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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
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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
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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
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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
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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
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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?

Posted on: Tue, 02/14/2006 - 9:45am
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Isn't there something in the due process hearing procedures that says if you don't have a lawyer, they can't have one there either?

Posted on: Tue, 02/14/2006 - 9:57am
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Quote: 104.36 Procedural safeguards.
A recipient that operates a public elementary or secondary education program or activity shall establish and implement, with respect to actions regarding the identification, evaluation, or educational placement of persons who, because of handicap, need or are believed to need special instruction or related services, a system of procedural safeguards that includes notice, an opportunity for the parents or guardian of the person to examine relevant records, an impartial hearing with opportunity for participation by the person's parents or guardian [b] and representation by counsel [/b], and a review procedure. Compliance with the procedural safeguards of section 615 of the Education of the Handicapped Act is one means of meeting this requirement.
Does this mean they have to provide you with counsel?
Cathy
[This message has been edited by Momcat (edited February 14, 2006).]

Posted on: Tue, 02/14/2006 - 10:09am
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Actually they hired him a one to one nurse and wrote an accomodations plan. When they were not following said plan, and we tried to "fine tune" it, they suddenly wanted all kinds of evaluations, turns out he was never designated despite our requests and signed consents in May and June of 2005, the poop hit the fan in September of 2005, come to find out, though we had initially signed full consents and ENCOURAGED them to contact our allergist, for 5 months they did nothing. The EMergency action plan was written by our allergist, we provided the only info they had. Now since we limited consent to their questions in writing, they are denying an eligibility hearing. A little late considering that by hiring him a 1:1 nurse and writing accomodations, they have in essence already deemed him eligible, at the very least they are in violation of Section 504 by providing accomodations without safeguards. I'm curious as to how a due process would turn out for us. I'm hoping this last lawyer we talked to can cut us some sort of payment plan, we really can't afford it.

Posted on: Tue, 02/14/2006 - 10:13am
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Quote:Originally posted by hblmom:
[b]Isn't there something in the due process hearing procedures that says if you don't have a lawyer, they can't have one there either?[/b]
the due process hearing or the resolution session before it?
~don't know.

Posted on: Tue, 02/14/2006 - 10:23am
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You're right, it is the resolution session where that no lawyer thing comes into play.

Posted on: Tue, 02/14/2006 - 11:03am
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hblmom,Following this thread,hang in there it will get better [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
------------------
Love this site
Synthia
edited to add
What about the [b]HIPAA?[/b] [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
[This message has been edited by synthia (edited February 19, 2006).]

Posted on: Tue, 02/14/2006 - 11:31am
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Not my thread really, sorry bandbmom, this is just the same consent issue. Except her school is following procedure by going to due process, our school is refusing to hold an eligibility hearing.
Try searching your parent advocates for your state, they can often recommend a good education lawyer. We have found two good ones this way, just hoping the second one might be a little cheaper, he's alittle closer, the other one was an hour away.
Is there any way to get your doctor to put in writing that he wants their questions put in writing?

Posted on: Tue, 02/14/2006 - 12:08pm
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Forgive me if I'm way of base BUT what does the school district do with 504 evaluations that the parents don't even consent to???? They can certainly go ahead and have the child designated WITHOUT PARENTAL CONSENT!!! So WHY is it a REQUIREMENT to have parental consent for medical release when the parents consent AND there is medical documentation from the child's doctor???
JMHO and again, I may be WAY off here...
Lana [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

Posted on: Tue, 02/14/2006 - 12:42pm
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Quote:Originally posted by Cam's Mom:
[b]Forgive me if I'm way of base BUT what does the school district do with 504 evaluations that the parents don't even consent to???? They can certainly go ahead and have the child designated WITHOUT PARENTAL CONSENT!!! So WHY is it a REQUIREMENT to have parental consent for medical release when the parents consent AND there is medical documentation from the child's doctor???
JMHO and again, I may be WAY off here...
Lana [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img][/b]
[This message has been edited by bandbmom (edited February 27, 2006).]

Posted on: Wed, 02/15/2006 - 11:07am
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Tracy,
For the life of me, I can't understand the necessity of the medical release being signed.
I know that they have to go through a due process hearing if the parents refuse to consent to the evaluation...but in the end the child is still covered under the 504 WITHOUT parental consent.
I will sign a medical release that I've changed to what I want it to say - which has and will state that only limited and approved written documentation that is provided through and to the parents, pertaining only to Cameron's pa and asthma. Period, end of story. Nothing I'm going to argue about.
I feel for you, I can't believe that they did that to you. Hugs to you and keep strong, they are only trying to break you down.
Keep us posted...
Lana [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

Posted on: Wed, 02/15/2006 - 12:23pm
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Knowing what it is like getting a letter from the SD's attorney, the last thing I want to do is cause more stress. However, I feel that I must caution you.
1) My own experience has taught me that an attorney without 504 knowledge does more harm than good. If you hire an attorney, PLEASE get one that is knowledgeable of 504.
2) Also, it is my understanding (please ask your attorney) that if you go to due process and the "impartial" hearing officer finds in favor of the school district, you could be stuck paying for the school district's legal fees (in addition to yours). It is not my intention to freak you out, but I think you should be aware of this - in case a reasonable compromise is offered prior to due process.
I agree with you, and would not sign the consent either, but wanted to give you some info based on my experience. Good luck!

Posted on: Wed, 02/15/2006 - 1:21pm
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A lawyer we consulted didn't tell us that. Essentially you are already paying their attorney fees through good old tax dollars. If you prevail, then you can get your costs reimbursed, if the hearing officer feels you've been difficult, he can reduce the amount you get. If anyone has info otherwise, please post it, I've done a few searches and haven't found where parents have had to pay the school's legal fees.

Posted on: Thu, 02/16/2006 - 3:37am
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I learned of the possiblity of having to pay the school district's legal fees last November at a 504 conference that I attended. You might check out reedmartin.com and see if there is information on his website concerning this. Also, I found this article (just briefly skimmed it - I'm short on time right now). Hope this sheds some light on the issue for you...
[url="http://www.wrightslaw.com/law/idea/attyfees.rule11.htm"]http://www.wrightslaw.com/law/idea/attyfees.rule11.htm[/url]
Edited to add: Again, (I can't stress it enough) this is something to discuss with your "knowledgeable about 504" attorney.
[This message has been edited by Drew's mom (edited February 16, 2006).]

Posted on: Fri, 02/17/2006 - 1:22am
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Quote:Originally posted by Drew's mom:
[b]I learned of the possiblity of having to pay the school district's legal fees last November at a 504 conference that I attended. [/b]
I know you are working from memory, but can you elaborate on any parameters you recall? Does it matter WHO requests Due Process, for example?
[This message has been edited by Gail W (edited February 17, 2006).]

Posted on: Fri, 02/17/2006 - 7:45am
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Hi all - I've been on the phone and internet A LOT since receiving the letter from the SD attorney trying to figure out what our next move should be. It's difficult to sort through this because everything I'm reading about due process hearings is from the perspective of the parents requesting the hearing including getting reimbursement of attorney fees, which I've read can be sought if the hearing officer rules in favor of the parents.
Here is where we are as of now - I was first referred over to an attorney who specializes in child's cases and 504's and, unfortunately, we can't afford her fees - $250 for just the consult, $3-4,000 retainer and $200/hr. after that. She did, however, say that we should file a complaint w/the OCR. It is probably a good thing it didn't work out w/her because she said she didn't understand why I was so adamant about not signing the release and thought it was reasonable for the 504-C to ask for specific accommodations in the school setting (I disagree as the doctor doesn't know the lay out of the school and the all the dynamics of Brandon's school day that would effect his allergy). I called our local CAUSE office (Citizens Alliance to Uphold Special Education) and the lady I spoke with there referred me to the Michigan Dept. of Ed. 504-C and the MI Protection and Advocacy Svc. for possible legal assistance. The MI Dept. of Ed. 504-C also said to file the OCR complaint and then said "just don't go to the hearing". Wow! The MI Protection and Advocacy Svc. was of some help saying that we should have an advocate present during the meeting and could possibly find someone local to assist us (like someone from CAUSE) and didn't think it was a reasonable request for them to access all his medical records. She suggested consenting only to contacting the allergist with peanut allergy specific questions (I don't agree because it's not necessary). I then sought some help from our WONDERFUL local support group leader who found an advocates name and number for me and gave some other suggestions. She said that she would accompany us during the due process hearing as support (she is so great!).
This afternoon I did talk to an advocate who spent a lot of time on the phone with me and was great. She said the 504-C is obviously not going to give up and is determined to make my life a living *ell. She said that even if the hearing officer rules in our favor that the 504-C will probably appeal and drag it out further. Her suggestion was to try to go through mediation first, which probably won't help because, until this lady gets what she wants, she won't give up, but who knows. She gave me the appropriate contacts for the county school district and said to write a letter to the compliance officer to let them know what has happened. Also, I've found out that we should have a say in selecting the hearing officer, but of course the 504-C chose the person without consulting us or notifying us that we had the right to select the hearing officer. It is suppose to be someone mutually agreed upon. She just keeps skipping over the appropriate steps in the process and I'm hopeful that will be in our favor. Luckily I have LOTS of documentation to back us and have a pretty good knowledge of the laws now. I don't want to go to this hearing because it's scary, but I also don't want to back down because she is wrong and we are right.
So that's where we stand. I will be drafting up some letters this weekend to the compliance officer, district super, county super, the SD attorney and a copy to the wonderful 504-C.
I'll let you know how things go!
Tracy

Posted on: Fri, 02/17/2006 - 8:11am
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Go, Tracy, Go!! [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
That is great news! (well, good news, anyway...)
Sounds like you are getting some great advice from people who can really help you out. I am so glad. I have really been worried about this situation.
{{hugs}} For you and your family in this very stressful situation.
You can do it!

Posted on: Fri, 02/17/2006 - 8:15am
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Thank you for posting an update. I've wondered how you're doing.
Not only does it seem that they chosen the hearing officer, but
Quote:Originally posted by bandbmom:
[b][i] The district has selected Mr. J.M.F to serve as the hearing officer. [/i][/b]
didn't you say that Mr. J.M.F. is employed by the law firm that represents your School District? How on earth can that be "impartial"?
Thanks for continuing to update. I learned a lot from your post.
[This message has been edited by Gail W (edited February 17, 2006).]

Posted on: Fri, 02/17/2006 - 9:40am
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edited
[This message has been edited by bandbmom (edited February 27, 2006).]

Posted on: Fri, 02/17/2006 - 9:47am
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Anyone
[This message has been edited by bandbmom (edited February 27, 2006).]

Posted on: Sat, 02/18/2006 - 7:35am
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Here's the letter I drafted
[This message has been edited by bandbmom (edited February 27, 2006).]

Posted on: Sat, 02/18/2006 - 7:57am
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I like your letter. I wouldn't go to the media, yet. You can talk to your local OCR on the phone or by email and explain your situation--the school refuses to evaluate unless you sign this blanket consent form. They may give you an idea of what they think. Then you can say that in your "communications" with OCR, they have indicated X (assuming X is in your favor, of course!)
Cathy

Posted on: Sat, 02/18/2006 - 8:04am
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You may want to draw from language here: [url="http://www.ed.gov/about/offices/list/ocr/504faq.html"]http://www.ed.gov/about/offices/list/ocr/504faq.html[/url]
[i][b]19. How much is enough information to document that a student has a disability?[/b]
The amount of information required is determined by the multi-disciplinary committee gathered to evaluate the student. The committee should include persons knowledgeable about the student, the meaning of the evaluation data, and the placement options. The committee members must determine if they have enough information to make a knowledgeable decision as to whether or not the student has a disability. The Section 504 regulation, at 34 C.F.R. 104.35(c), requires that school districts draw from a variety of sources in the evaluation process so that the possibility of error is minimized. The information obtained from all such sources must be documented and all significant factors related to the student's learning process must be considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior.In evaluating a student suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the IDEA regarding the group of persons present when an evaluation or placement decision is made is satisfactory under Section 504."[/i]

Posted on: Sat, 02/18/2006 - 8:16am
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Hmmmmm... reading more from that link. Wondering if the SD is confusing carte blanche access to a child's medical file with a case study. This language sounds similar to the attorney's letter:
[i][b]"27. What should a recipient school district do if a parent refuses to consent to a case study evaluation under the Individuals with Disabilities Education Act (IDEA), but demands a Section 504 plan for a student without further evaluation?[/b]
Section 504 requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a student has a disability, the IDEA and Section 504 provide that school districts may use due process hearing procedures to override the parents' denial of consent."[i]

Posted on: Sat, 02/18/2006 - 8:37am
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Quote:Originally posted by Gail W:
[b]Hmmmmm... reading more from that link. Wondering if the SD is confusing carte blanche access to a child's medical file with a case study. This language sounds similar to the attorney's letter:
[i][b]"27. What should a recipient school district do if a parent refuses to consent to a case study evaluation under the Individuals with Disabilities Education Act (IDEA), but demands a Section 504 plan for a student without further evaluation?[/b]
Section 504 requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a student has a disability, the IDEA and Section 504 provide that school districts may use due process hearing procedures to override the parents' denial of consent."[i][/b]
Hi Gail - I used the wording you posted above in the letter to the 504-C. I think she knows what she's doing but hopes I don't know. We did sign a referral to evaluate and signed a consent to evaluate. I really believe this is a power struggle and she's mad because I told her "no". She is very aggressive and probably on some power trip. Ugh!
Tracy

Posted on: Sat, 02/18/2006 - 8:47am
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Quote:Originally posted by bandbmom:
[b] We did sign a referral to evaluate and signed a consent to evaluate.[/b]
I think you should state that in your letter to Mr. Lawyer. It clearly points to the fact that you've signed the consents that are necessary for the eligibility process to go forward.
[This message has been edited by Gail W (edited February 18, 2006).]

Posted on: Sat, 02/18/2006 - 10:41am
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Thanks Gail - great idea!
Tracy

Posted on: Sat, 02/18/2006 - 11:50am
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I'm sure it is too late for such measures at the moment, but in the event that you end up trying to mend burnt bridges with this person, perhaps you could frame this 'disagreement' differently....
Instead of just "no, you don't need to know that" maybe you could (verbally, BTW, NOT in writing) gently point out that a blanket consent like that could follow your child into the teen years and also could breach your child's confidentiality in unexpected ways. You certainly wouldn't want to negatively impact the relationship your child has with his/her personal physician in the teen years.
And I would think that this possibility would give ANY medical professional pause.
BTW, I think the above idea is an excellent one. Let the attorney know just how very reasonable and well-prepared you have been throughout this little nightmare.
{{Hugs}} to you and your family! You are doing a GREAT job handling all this extra stress! [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]

Posted on: Sun, 02/19/2006 - 12:11am
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Quote:Originally posted by Corvallis Mom:
[b]I'm sure it is too late for such measures at the moment, but in the event that you end up trying to mend burnt bridges with this person, perhaps you could frame this 'disagreement' differently....
Instead of just "no, you don't need to know that" maybe you could (verbally, BTW, NOT in writing) gently point out that a blanket consent like that could follow your child into the teen years and also could breach your child's confidentiality in unexpected ways. You certainly wouldn't want to negatively impact the relationship your child has with his/her personal physician in the teen years.
And I would think that this possibility would give ANY medical professional pause.
BTW, I think the above idea is an excellent one. Let the attorney know just how very reasonable and well-prepared you have been throughout this little nightmare.
{{Hugs}} to you and your family! You are doing a GREAT job handling all this extra stress! [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img][/b]
Thank you so much for your reply and suggestion about the situation. I'm trying to understand what you mean by "blanket consent like that could follow your child into the teen years and also could breach your child's confidentiality in unexpected ways. You certainly wouldn't want to negatively impact the relationship your child has with his/her personal physician in the teen years." If I need to say something such as this I just want to make sure I understand how this will affect him in the future.
You are so sweet and thanks for the "hugs" and for the support :-)
Tracy
[This message has been edited by bandbmom (edited February 19, 2006).]

Posted on: Sun, 02/19/2006 - 1:06am
Gail W's picture
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The consent doesn't have a expiration date, does it? So Corvallis Mom is pointing out, I think, that the form does not limit the length of time which the SD would have access to our child's medical information.
So your arguments are
1. the form does not limit the scope of information, it's carte blanche to all medical information and to the physician, and
2. the form does not limit the length of time the SD would this access. Theoretically, the SD would still have access to all your child's medical records when your child is a teen ager.
Is that right, Corvallis Mom?

Posted on: Sun, 02/19/2006 - 1:22am
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[b]bandmom[/b]
First of all, so sorry you are having to deal with this! What a *pain in the patooty*! You would think the school would want to do anything they could to prevent possible liablity in the event that a child was harmed.
With the new [b]HIPAA[/b] regs, do they really *need access* to your child's records? The new regs are *VERY* strict about whom can view medical info, need to know, etc... [b]I cannot see that a non-medical lawyer or school offical could properly interpret medical records.[/b]
Quote:[b]Limits on Use of Personal Medical Information.[/b] The privacy rule sets limits on how health plans and covered providers may use individually identifiable health information. To promote the best quality care for patients, the rule does not restrict the ability of doctors, nurses and other providers to share information needed to treat their patients. In other situations, though, personal health information generally may not be used for purposes not related to health care, and covered entities may use or share only the minimum amount of protected information needed for a particular purpose. In addition, patients would have to sign a specific authorization before a covered entity could release their medical information to a life insurer, a bank, a marketing firm or another outside business for purposes not related to their health care.
[url="http://www.hhs.gov/news/facts/privacy.html"]http://www.hhs.gov/news/facts/privacy.html[/url]
This Act(from 1996) is *HUGE* in the medical community...remember those forms you have to sign every time you see a new Doc? We actually had to take classes for this! Anyone that receives gov't monies has to comply, ie: Medicare funds. I would assume that this would include public schools, since they receive *all* of their money from the gov't.
Try using the word *[b]HIPAA[/b]*. Their lawyer will be scared to death(ha-ha).
Any other ideas for this avenue [b]Mommabear[/b]?
Daisy
(edited for spelling errors) Oops!
[This message has been edited by Daisy (edited February 19, 2006).]

Posted on: Sun, 02/19/2006 - 2:51am
MommaBear's picture
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[url="http://www.hhs.gov/ocr/hipaa/guidelines/minimumnecessary.pdf"]http://www.hhs.gov/ocr/hipaa/guidelines/minimumnecessary.pdf[/url]
General Disclaimer: I am not offering advice in any manner or form. I do not guarantee the accuracy, currentness, or content of the link in this post.

Posted on: Sun, 02/19/2006 - 2:56am
Momcat's picture
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This is an interesting train of thought...
There is an OCR for the US Dept. of Health and Human Services. Here is their complaint information:
[url="http://www.hhs.gov/ocr/privacyhowtofile.htm"]http://www.hhs.gov/ocr/privacyhowtofile.htm[/url]

Posted on: Sun, 02/19/2006 - 3:14am
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I'm not sure if this is "state specific".
[url="http://www.privacyrights.org/fs/fs8a-hipaa.htm#4"]http://www.privacyrights.org/fs/fs8a-hipaa.htm#4[/url]
to quote:
"[i]Are there any limits on what can be disclosed from my medical file?
The Privacy Rule incorporates what it calls a "minimum necessary" standard when it comes to how much information should be disclosed. Doctors, hospitals, and others covered by the HIPAA Privacy Rule are required to limit the amount of information disclosed to others to the minimum necessary to accomplish the intended purpose.
What amounts to the minimum is left up to the health care provider, not you. And, the minimum necessary rule does not apply to information disclosed in connection with treatment. [b]It also doesn't apply if you authorize the disclosure of your health information. [/b][/i]"
(bold added)
Just wondering and not as advice, but with your permission, has a physician who is appropriately licensed, qualified, experienced, provided a letter to the appropriate recipients at school district with the [i]minimum necessary[/i] standard of information related to this concern? If they did, how was it provided?
ps....even if a lawyer is a "medical lawyer", are they qualified to interpret medical tests, lab results, medical history, etc? I mean, who would be most *appropriate*? I mean, who is licensed to do so? And I'll be so bold to ask: A qualified physician, or that of a qualified physician caring for the patient?
General Disclaimer: I am not offering advice in any manner or form. I do not guarantee the accuracy, content, or currentness of the link in this post. IMMV.

Posted on: Sun, 02/19/2006 - 3:17am
MommaBear's picture
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Quote:Originally posted by Momcat:
[b]This is an interesting train of thought...
There is an OCR for the US Dept. of Health and Human Services. Here is their complaint information:
[url="http://www.hhs.gov/ocr/privacyhowtofile.htm"]http://www.hhs.gov/ocr/privacyhowtofile.htm[/url] [/b]
[url="http://www.hhs.gov/ocr/hipaa/"]http://www.hhs.gov/ocr/hipaa/[/url]
?
General Disclaimer: I am not offering advice in any manner or form. I do not guarantee the accuracy, currentness, applicability, or content of the links in this post. IMMV.

Posted on: Sun, 02/19/2006 - 4:54am
Momcat's picture
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So if the "intended purpose" is to evaluate an individual for 504 eligibility, what is the "minimum necessary" information?
Why can't the necessary information be obtained by the parents and given to the school?
Cathy

Posted on: Sun, 02/19/2006 - 5:11am
bandbmom's picture
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DAISY! You are AWESOME! Throwing in the information about the privacy act will be a wonderful addition to my letter to the lawyer! THANK YOU, THANK YOU, THANK YOU!!!
Tracy

Posted on: Sun, 02/19/2006 - 5:33am
bandbmom's picture
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Joined: 12/14/2005 - 09:00

[Just wondering and not as advice, but with your permission, has a physician who is appropriately licensed, qualified, experienced, provided a letter to the appropriate recipients at school district with the [i]minimum necessary[/i] standard of information related to this concern? If they did, how was it provided?
Hi MB - I have two letters written by physicians; one from the allergist and one from his pediatrician documenting his LTFA - the allergist stating he tested positive on a skin prick test and the peds dr. stating he was treated in their office for a reaction. The principal, asst. principal and 504-C all have this information. I also willingly provided a letter DS's previous allergist wrote to the peds dr. documenting his initial positive skin test and even gave them the actual skin test report. They have MORE than enough info and they know it. But, I love that I can also use the HIPPA angle!
Thanks for your posts!
Tracy
[This message has been edited by bandbmom (edited February 27, 2006).]

Posted on: Sun, 02/19/2006 - 6:16am
MommaBear's picture
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Quote:Originally posted by Momcat:
[b]So if the "intended purpose" is to evaluate an individual for 504 eligibility, what is the "minimum necessary" information?
[/b]
should the state board of education develop or have a form (possibly with the help of a multidisciplinary team that stateswhat is "minimumly necessary"? Or..........is that now in the hands of a physician? I mean, again, what is the criteria for 504 eligibility?
No advice, just amazed how last minute the whole school system seems to be.
When I had back surgery, my physician asked for my "disability" forms to fill out. I didn't have any, never went on disability, but apparently the beauracracy that is had already worked this out. My physician was also prepared to answer any inquiries. But he probably could have made a good "case" without a form. [img]http://uumor.pair.com/nutalle2/peanutallergy/tongue.gif[/img] He understood "activities of daily living". Long term consequences and what was substantially limiting. He could also "prescribe" limitations on activity. Make recommendations. It was his forte. His licensure. KWIM? But still I stand mouth agape that school districts desire to take someone to court apparently before they even have something like an adopted form/questionaire. KWIM? [i]Amazing.[/i]
The gall, I mean. [img]http://uumor.pair.com/nutalle2/peanutallergy/tongue.gif[/img]
An extended family member I know is applying for disability/social security based on "blindness". [i]No one has asked for a "face to face-phone to phone" with their physician yet[/i]. Just forms and forms and appeals and appeals. Don't know-maybe it's [i]customary[/i] and they soon will. iGo figure. Maybe the *government* is doing it all wrong. [img]http://uumor.pair.com/nutalle2/peanutallergy/wink.gif[/img] Maybe the educational system is [i]royalty[/i] of sorts.
But hey, maybe I'm a whack job. Maybe they do have a form and it's just been overlooked. Or I haven't caught where you mentioned it. I could be waaaaaaaaaaaaaay off.
General Disclaimer: I am not offering advice in any manner or form. I could be asking the wrong questions. I don't know. IMMV.

Posted on: Sun, 02/19/2006 - 6:25am
Momcat's picture
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Quote:Originally posted by bandbmom:
[b]But, I love that I can also use the HIPPA angle! [/b]
Tracy, I just want to clarify (for the purposes of your letter) that the correct spelling is "HIPAA".
Otherwise, I wouldn't quibble since I know what you're talking about [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
Cathy

Posted on: Sun, 02/19/2006 - 6:26am
Daisy's picture
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[b]bandbmom[/b]
Just for more info/future reference on HIPAA and FERPA(Family Educational Rights and Privacy Act).
[url="http://healthinschools.org/ejournal/2003/privacy.htm"]http://healthinschools.org/ejournal/2003/privacy.htm[/url]
FERPA is an older Act, before privacy was a *real* issue. It concerns the educational records; HIPAA concerns medical records. More of a *hot topic* now.
Good luck,
Daisy
[This message has been edited by Daisy (edited February 19, 2006).]

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