Re: RE:Advocates, Anyone?...Barb Rutt. can you help?

[Guest guest]

Hi Suzanne: I have been out of the office more than in so I have not had the chance to read all the email regarding your issue. Just like with the advocate from the ARC in Summit, I also am one person who covers Cuyahoga County. We do have parent mentors who are in some of our school districts (I was myself a parent mentor for Cleveland Schools before coming to the Coalition) and to give you a little back ground; eventhough, parent mentors work within the school districts, they are paid for by a grant from the state of Ohio and agreed to the job description regarding the mentors in order to receive the grant. Parent Mentors report to the state department. The coaltion does incourage parents to first work with their mentors, most parents find them a tremendous help. If you have specific questions though regarding your child's IEP, I will be happy to speak to you over the phone. You can call me at

440-614-9544. Again, please note it can take a day or two to get back to you due to my schedule. Barb Rutt 1@... wrote: Hi Suzanne, Have you tried to contact Barb Rutt? She comes to mind. She is on our list as a member and she may see your email. In a message dated 10/25/06 4:19:54 PM Eastern Daylight Time, SBShaftaol writes: Hi, all... And, here's the latest: Instead of answering my letter, they sent home a bunch of medical release forms -- they want to talk to the child psych and get her records on my son. Of course, in reading these forms and all of their legalese, it warns that the district "cannot assume responsibility for the confidentiality of educational information disclosed," and you are authorizing them to get your child's "protected health information," and that this information "may be subject to re-disclosure by the recipient and no longer protected by federal laws and regulations regarding the privacy of my child's protected health information." Okay...I used to work in insurance, but that was pre-HIPPA laws. I'm usually pretty good at this stuff, but I don't like some of this wording AT ALL. I'm sure it's standard, but this is stuff from my kid's PSYCH. So, obviously, I need an advocate. Quickly.

I've received some names from some folks already. But if there were any other really great advocates that helped anyone out there and you don't mind sharing them, please help! I want to be able to compile a list and just make a bunch of calls tomorrow. Also, do advocates charge like lawyers do? By the way, the didn't really answer my question regarding the removal of the PEP Cleveland person from my son's life and team. All they said was that the services of an outside Autism consultant were secured. Okay, great...but who is this person, where do they come from, what are their credentials -- don't know! My head is pounding. And I want to throw up. Any additional help would be greatly appreciated. Thanks to all who have responded so far and given me some names. --Suzanne

[Guest guest]

Sorry, You think I'd know my own phone number. It is 440-617-9544Barbara Rutt <ocecdbr@...> wrote: Hi Suzanne: I have been out of the office more than in so I have not had the chance to read all the email regarding your issue. Just like with the advocate from the ARC in Summit, I also am one person who covers Cuyahoga County. We do have parent mentors who are in some of our school districts (I was myself a parent mentor for Cleveland Schools before coming to the

Coalition) and to give you a little back ground; eventhough, parent mentors work within the school districts, they are paid for by a grant from the state of Ohio and agreed to the job description regarding the mentors in order to receive the grant. Parent Mentors report to the state department. The coaltion does incourage parents to first work with their mentors, most parents find them a tremendous help. If you have specific questions though regarding your child's IEP, I will be happy to speak to you over the phone. You can call me at 440-614-9544. Again, please note it can take a day or two to get back to you due to my schedule. Barb Rutt 1wmconnect wrote: Hi Suzanne, Have you tried to contact Barb Rutt? She

comes to mind. She is on our list as a member and she may see your email. In a message dated 10/25/06 4:19:54 PM Eastern Daylight Time, SBShaftaol writes: Hi, all... And, here's the latest: Instead of answering my letter, they sent home a bunch of medical release forms -- they want to talk to the child psych and get her records on my son. Of course, in reading these forms and all of their legalese, it warns that the district "cannot assume responsibility for the confidentiality of educational information disclosed," and you are authorizing them to get your child's "protected health information," and that this information "may be subject to re-disclosure by the recipient and no longer protected by federal laws and regulations regarding the privacy of my child's protected health information." Okay...I used to work in insurance,

but that was pre-HIPPA laws. I'm usually pretty good at this stuff, but I don't like some of this wording AT ALL. I'm sure it's standard, but this is stuff from my kid's PSYCH. So, obviously, I need an advocate. Quickly. I've received some names from some folks already. But if there were any other really great advocates that helped anyone out there and you don't mind sharing them, please help! I want to be able to compile a list and just make a bunch of calls tomorrow. Also, do advocates charge like lawyers do? By the way, the didn't really answer my question regarding the removal of the PEP Cleveland person from my son's life and team. All they said was that the services of an outside Autism consultant were secured. Okay, great...but who is this person, where do they come from, what are their credentials -- don't know! My head is pounding. And I want to throw up.

Any additional help would be greatly appreciated. Thanks to all who have responded so far and given me some names. --Suzanne Barbara Rutt, Information Specialist OCECD-Cleveland Office 440-617-9544 - Office 440-617-9547 - Fax 800-694-6402 - Toll Free www.ocecd.org Words of Wisdom: "All of

us do not have equal talent, but all of us should have an equal opportunity to develop our talents!" -- F. Kennedy

[Guest guest]

Hi, Barb:

Thanks for the information. I appreciate the help.

I was wondering if you might be able to answer a question for me, since I was told by an advocate I spoke to today that someone from the Coalition might be able to help me with this. The school has tossed me some records release forms that they of course want back ASAP -- like Monday...and I got them today. One is a request for the OCALI rep who will be doing my son's FBA to acess his records. But, I can let them see "All personally identifiable data on file -- which means information that includes name, DOB, school, and a personal identifier such as the child's social security number or student ID number, or a list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty;" or The Following Records Only (Please Specify) -- and it says: "HIPAA excludes education records covered by FERPA, including those education records under Parts B, C, and D of IDEA from the definition of protected health information -- eg. individual identifiable health information of students under 18 created by a nurse in a primary or secondary school that receives federal funds and is subject to FERPA is an education record, but not protected health information."

Which one do I check? What are the ramifications of checking these? I need to do this form, of course, by Monday, as they want to do my child's FBA observation on Wednesday. I want them to do the observation, but I don't want my son's records not protected.

And here's a bigger problem...the school also wants me to sign a records release consent form for them to get my son's psychiatric records. They also want to be able to speak to my son's doctor on the phone. BUT -- there's a disclaimer on the form that says: "I understand that the district cannot assume responsibility for the confidentiality of educational information disclosed..." and, in the HIPAA Compliance Form, it says: "I understand that the information used or disclosed pursuant to this authorization may be subject to re-disclosure by the recipient and no longer protected by federal laws and regulations regarding the privacy of my child's protected health information." When I read that to the doctor, she said there was no way in Hades she would sign that, because she read it to mean that whatever information she hands over to them will not have to be kept confidential. She said, "Worst case scenario, they could probably publish it under what that clause seems to read." I doubt they would do that, but still...this is his psych record. It's a big deal. I don't feel comfortable signing it. I have told them I would be happy to be the conduit through which information gets relayed back and forth from the team to the doctor, but apparently, they're not happy with that. The FBA does not hinge on this form, as it does with the other one, and this HIPAA Compliance Form says that I do not have to sign this form, and that my school district may not condition services on whether or not I sign it. So, I'd rather not sign it.

But, what do you think? I don't have a lawyer to ask, and Ohio Legal Rights was closed by the time I got this form and was able to call them. So, the advocate suggested asking someone from the Coalition. Can you help?

Sincerely,

--Suzanne

-----Original Message-----

From: ocecdbr@...

Sent: Thu, 26 Oct 2006 2:26 PM

Subject: Re: [ ] RE:Advocates, Anyone?...Barb Rutt. can you help?

Hi Suzanne:

I have been out of the office more than in so I have not had the chance to read all the email regarding your issue. Just like with the advocate from the ARC in Summit, I also am one person who covers Cuyahoga County. We do have parent mentors who are in some of our school districts (I was myself a parent mentor for Cleveland Schools before coming to the Coalition) and to give you a little back ground; eventhough, parent mentors work within the school districts, they are paid for by a grant from the state of Ohio and agreed to the job description regarding the mentors in order to receive the grant. Parent Mentors report to the state department. The coaltion does incourage parents to first work with their mentors, most parents find them a tremendous help. If you have specific questions though regarding your child's IEP, I will be happy to speak to you over the phone. You can call me at 440-614-9544. Again, please note it can take a day or two to get back to you due to my schedule. Barb Rutt

1wmconnect wrote:

Hi Suzanne,

Have you tried to contact Barb Rutt? She comes to mind. She is on our list as a member and she may see your email.

In a message dated 10/25/06 4:19:54 PM Eastern Daylight Time, SBShaftaol writes:

Hi, all...

And, here's the latest:

Instead of answering my letter, they sent home a bunch of medical release forms -- they want to talk to the child psych and get her records on my son. Of course, in reading these forms and all of their legalese, it warns that the district "cannot assume responsibility for the confidentiality of educational information disclosed," and you are authorizing them to get your child's "protected health information," and that this information "may be subject to re-disclosure by the recipient and no longer protected by federal laws and regulations regarding the privacy of my child's protected health information."

Okay...I used to work in insurance, but that was pre-HIPPA laws. I'm usually pretty good at this stuff, but I don't like some of this wording AT ALL. I'm sure it's standard, but this is stuff from my kid's PSYCH. So, obviously, I need an advocate. Quickly.

I've received some names from some folks already. But if there were any other really great advocates that helped anyone out there and you don't mind sharing them, please help! I want to be able to compile a list and just make a bunch of calls tomorrow. Also, do advocates charge like lawyers do?

By the way, the didn't really answer my question regarding the removal of the PEP Cleveland person from my son's life and team. All they said was that the services of an outside Autism consultant were secured. Okay, great...but who is this person, where do they come from, what are their credentials -- don't know!

My head is pounding. And I want to throw up.

Any additional help would be greatly appreciated. Thanks to all who have responded so far and given me some names.

--Suzanne

Check out the new AOL. Most comprehensive set of free safety and security tools, free access to millions of high-quality videos from across the web, free AOL Mail and more.

[Guest guest]

Suzanne: Sorry for not responding until now, I was out of the Office on Friday. Anyway, I am very surprized to hear that OCALI is doing an observation. When I talked to someone from OCALI a couple of weeks ago in Columbus, she said they were no longer doing observations. You can contact OCALI themselves if you have any questions toll free at 866-886-2254. Regarding FERPA and HIPPA you can pick and choose what personal information you'd like to release and what you do not want to release. If you offered to be the go between the school and the psychologist you are within your rights. A functional behavior assessement looks at behaviors and what functions those behaviors have with a child. Just like an IEP or MFE, you can maybe give the diagnosis or meds (if any) and maybe some therapy strategies/interventions you are using. I always like to be cautious, You can agree to limited information at

this time and as time goes on if you see the need to release any additional information you can at that time. Releasing the book to someone who doesn't understand the "read" might open up a can of worms. If the school is not happy with you being the "conduit" of information it is not your problem. Like the psych stated, this information would have to remain confidential and in a school district, anyone, I MEAN ANYONE, who is working with your child has a right to see their record. Hope this helps out with your decision, again I apologize I did not get to you until now. Also, if the school gave you forms on Friday to fill out to turn in on Monday in order to get the FBA completed, remember in the Operating Standards they state that parents need to be given a "resonable amount of time" which the state defines as 10 "school" days. If you do not get the form back to them today, they cannot delay the FBA for another 2 weeks(maybe a

day or two). The district needed to plan this out as to not delay the process. Barb RuttSBShaft@... wrote: Hi, Barb: Thanks for the information. I appreciate the help. I was wondering if you might be able to answer a question for me, since I was told by an advocate I spoke to today that someone from the Coalition might be able to help me with this. The school has tossed me some records release forms that they of course want back

ASAP -- like Monday...and I got them today. One is a request for the OCALI rep who will be doing my son's FBA to acess his records. But, I can let them see "All personally identifiable data on file -- which means information that includes name, DOB, school, and a personal identifier such as the child's social security number or student ID number, or a list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty;" or The Following Records Only (Please Specify) -- and it says: "HIPAA excludes education records covered by FERPA, including those education records under Parts B, C, and D of IDEA from the definition of protected health information -- eg. individual identifiable health information of students under 18 created by a nurse in a primary or secondary school that receives federal funds and is subject to FERPA is an education record, but not protected health information."

Which one do I check? What are the ramifications of checking these? I need to do this form, of course, by Monday, as they want to do my child's FBA observation on Wednesday. I want them to do the observation, but I don't want my son's records not protected. And here's a bigger problem...the school also wants me to sign a records release consent form for them to get my son's psychiatric records. They also want to be able to speak to my son's doctor on the phone. BUT -- there's a disclaimer on the form that says: "I understand that the district cannot assume responsibility for the confidentiality of educational information disclosed..." and, in the HIPAA Compliance Form, it says: "I understand that the information used or disclosed pursuant to this authorization may be subject to re-disclosure by the recipient and no longer protected by federal laws and regulations regarding the

privacy of my child's protected health information." When I read that to the doctor, she said there was no way in Hades she would sign that, because she read it to mean that whatever information she hands over to them will not have to be kept confidential. She said, "Worst case scenario, they could probably publish it under what that clause seems to read." I doubt they would do that, but still...this is his psych record. It's a big deal. I don't feel comfortable signing it. I have told them I would be happy to be the conduit through which information gets relayed back and forth from the team to the doctor, but apparently, they're not happy with that. The FBA does not hinge on this form, as it does with the other one, and this HIPAA Compliance Form says that I do not have to sign this form, and that my school district may not condition services on whether or not I sign it. So, I'd rather not sign it. But, what do you think? I don't have a lawyer to ask, and Ohio Legal Rights was closed by the time I got this form and was able to call them. So, the advocate suggested asking someone from the Coalition. Can you help? Sincerely, --Suzanne -----Original Message-----From: ocecdbrsbcglobal (DOT) netTo: Sent: Thu, 26 Oct 2006 2:26 PMSubject: Re: [ ] RE:Advocates, Anyone?...Barb Rutt. can you help? Hi Suzanne: I have been out of the office more than in so I have not had the chance to read all the email regarding your issue. Just like with the advocate from the ARC in Summit, I also am one person who covers Cuyahoga

County. We do have parent mentors who are in some of our school districts (I was myself a parent mentor for Cleveland Schools before coming to the Coalition) and to give you a little back ground; eventhough, parent mentors work within the school districts, they are paid for by a grant from the state of Ohio and agreed to the job description regarding the mentors in order to receive the grant. Parent Mentors report to the state department. The coaltion does incourage parents to first work with their mentors, most parents find them a tremendous help. If you have specific questions though regarding your child's IEP, I will be happy to speak to you over the phone. You can call me at 440-614-9544. Again, please note it can take a day or two to get back to you due to my schedule. Barb Rutt 1wmconnect wrote: Hi Suzanne, Have you tried to contact Barb Rutt? She comes to mind. She is on our list as a member and she may see your email. In a message dated 10/25/06 4:19:54 PM Eastern Daylight Time, SBShaftaol writes: Hi, all... And, here's the latest: Instead of answering my letter, they sent home a bunch of medical release forms -- they want to talk to the child psych and get her records on my son. Of course, in reading these forms and all of their legalese, it warns that the district "cannot assume responsibility for the confidentiality of educational information disclosed," and you are authorizing them to get your child's "protected health information," and that this information "may be subject to re-disclosure by the recipient and no longer protected by federal laws and

regulations regarding the privacy of my child's protected health information." Okay...I used to work in insurance, but that was pre-HIPPA laws. I'm usually pretty good at this stuff, but I don't like some of this wording AT ALL. I'm sure it's standard, but this is stuff from my kid's PSYCH. So, obviously, I need an advocate. Quickly. I've received some names from some folks already. But if there were any other really great advocates that helped anyone out there and you don't mind sharing them, please help! I want to be able to compile a list and just make a bunch of calls tomorrow. Also, do advocates charge like lawyers do? By the way, the didn't really answer my question regarding the removal of the PEP Cleveland person from my son's life and team. All they said was that the services of an outside Autism consultant were secured. Okay, great...but who is this person, where do

they come from, what are their credentials -- don't know! My head is pounding. And I want to throw up. Any additional help would be greatly appreciated. Thanks to all who have responded so far and given me some names. --Suzanne Check out the new AOL. Most comprehensive set of free safety and security tools, free access to millions of high-quality videos from

across the web, free AOL Mail and more.

[Guest guest]

Hi, Barb --

Thank you for your help. I did feel pressure to get the records release form in today, so I did that. I wrote it to specify that I was only releasing the records to the person doing the FBA, and the release was for the purpose of the FBA ONLY. I did not and will not sign the medical records release form. They will have to live with me being the conduit of information between them and the doctor.

I do wish I would have known about the 10 day period -- I would have waited until I could have talked to a live person about the records release form. I did talk to a parent who has been through it before, and that was the best I could do.

Now I'm confused more than ever about OCALI. I tried to reach Amy Bixler, but I left a message and got no response.

I've tried getting help from our district parent mentor, but her answers to my questions were across the board, "I don't know."

I spoke to Caruso -- she was helpful, but is not, from my understanding, an advocate who comes to meetings and helps you that way. She did not feel comfortable instructing me about the release form, which I respect. She directed me to Ohio Legal Rights, but they were closed.

I tried the ARC of Ohio, but they have one lone advocate for our area (you can sympathize) and she hasn't called back yet.

I'm feeling a little stuck and very frustrated.

--Suzanne

-----Original Message-----

From: ocecdbr@...

Sent: Mon, 30 Oct 2006 11:58 AM

Subject: Re: [ ] RE:Advocates, Anyone?...Barb Rutt. can you help?

Suzanne:

Sorry for not responding until now, I was out of the Office on Friday. Anyway, I am very surprized to hear that OCALI is doing an observation. When I talked to someone from OCALI a couple of weeks ago in Columbus, she said they were no longer doing observations. You can contact OCALI themselves if you have any questions toll free at 866-886-2254. Regarding FERPA and HIPPA you can pick and choose what personal information you'd like to release and what you do not want to release. If you offered to be the go between the school and the psychologist you are within your rights. A functional behavior assessement looks at behaviors and what functions those behaviors have with a child. Just like an IEP or MFE, you can maybe give the diagnosis or meds (if any) and maybe some therapy strategies/interventions you are using. I always like to be cautious, You can agree to limited information at this time and as time goes on if you see the need to release any additional information you can at that time. Releasing the book to someone who doesn't understand the "read" might open up a can of worms. If the school is not happy with you being the "conduit" of information it is not your problem. Like the psych stated, this information would have to remain confidential and in a school district, anyone, I MEAN ANYONE, who is working with your child has a right to see their record. Hope this helps out with your decision, again I apologize I did not get to you until now. Also, if the school gave you forms on Friday to fill out to turn in on Monday in order to get the FBA completed, remember in the Operating Standards they state that parents need to be given a "resonable amount of time" which the state defines as 10 "school" days. If you do not get the form back to them today, they cannot delay the FBA for another 2 weeks(maybe a day or two). The district needed to plan this out as to not delay the process. Barb Rutt

SBShaftaol wrote:

Hi, Barb:

Thanks for the information. I appreciate the help.

I was wondering if you might be able to answer a question for me, since I was told by an advocate I spoke to today that someone from the Coalition might be able to help me with this. The school has tossed me some records release forms that they of course want back ASAP -- like Monday...and I got them today. One is a request for the OCALI rep who will be doing my son's FBA to acess his records. But, I can let them see "All personally identifiable data on file -- which means information that includes name, DOB, school, and a personal identifier such as the child's social security number or student ID number, or a list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty;" or The Following Records Only (Please Specify) -- and it says: "HIPAA excludes education records covered by FERPA, including those education records under Parts B, C, and D of IDEA from the definition of protected health information -- eg. individual identifiable health information of students under 18 created by a nurse in a primary or secondary school that receives federal funds and is subject to FERPA is an education record, but not protected health information."

Which one do I check? What are the ramifications of checking these? I need to do this form, of course, by Monday, as they want to do my child's FBA observation on Wednesday. I want them to do the observation, but I don't want my son's records not protected.

And here's a bigger problem...the school also wants me to sign a records release consent form for them to get my son's psychiatric records. They also want to be able to speak to my son's doctor on the phone. BUT -- there's a disclaimer on the form that says: "I understand that the district cannot assume responsibility for the confidentiality of educational information disclosed..." and, in the HIPAA Compliance Form, it says: "I understand that the information used or disclosed pursuant to this authorization may be subject to re-disclosure by the recipient and no longer protected by federal laws and regulations regarding the privacy of my child's protected health information." When I read that to the doctor, she said there was no way in Hades she would sign that, because she read it to mean that whatever information she hands over to them will not have to be kept confidential. She said, "Worst case scenario, they could probably publish it under what that clause seems to read." I doubt they would do that, but still...this is his psych record. It's a big deal. I don't feel comfortable signing it. I have told them I would be happy to be the conduit through which information gets relayed back and forth from the team to the doctor, but apparently, they're not happy with that. The FBA does not hinge on this form, as it does with the other one, and this HIPAA Compliance Form says that I do not have to sign this form, and that my school district may not condition services on whether or not I sign it. So, I'd rather not sign it.

But, what do you think? I don't have a lawyer to ask, and Ohio Legal Rights was closed by the time I got this form and was able to call them. So, the advocate suggested asking someone from the Coalition. Can you help?

Sincerely,

--Suzanne

-----Original Message-----

From: ocecdbrsbcglobal (DOT) net

Sent: Thu, 26 Oct 2006 2:26 PM

Subject: Re: [ ] RE:Advocates, Anyone?...Barb Rutt. can you help?

Hi Suzanne:

I have been out of the office more than in so I have not had the chance to read all the email regarding your issue. Just like with the advocate from the ARC in Summit, I also am one person who covers Cuyahoga County. We do have parent mentors who are in some of our school districts (I was myself a parent mentor for Cleveland Schools before coming to the Coalition) and to give you a little back ground; eventhough, parent mentors work within the school districts, they are paid for by a grant from the state of Ohio and agreed to the job description regarding the mentors in order to receive the grant. Parent Mentors report to the state department. The coaltion does incourage parents to first work with their mentors, most parents find them a tremendous help. If you have specific questions though regarding your child's IEP, I will be happy to speak to you over the phone. You can call me at 440-614-9544. Again, please note it can take a day or two to get back to you due to my schedule. Barb Rutt

1wmconnect wrote:

Hi Suzanne,

Have you tried to contact Barb Rutt? She comes to mind. She is on our list as a member and she may see your email.

In a message dated 10/25/06 4:19:54 PM Eastern Daylight Time, SBShaftaol writes:

Hi, all...

And, here's the latest:

Instead of answering my letter, they sent home a bunch of medical release forms -- they want to talk to the child psych and get her records on my son. Of course, in reading these forms and all of their legalese, it warns that the district "cannot assume responsibility for the confidentiality of educational information disclosed," and you are authorizing them to get your child's "protected health information," and that this information "may be subject to re-disclosure by the recipient and no longer protected by federal laws and regulations regarding the privacy of my child's protected health information."

Okay...I used to work in insurance, but that was pre-HIPPA laws. I'm usually pretty good at this stuff, but I don't like some of this wording AT ALL. I'm sure it's standard, but this is stuff from my kid's PSYCH. So, obviously, I need an advocate. Quickly.

I've received some names from some folks already. But if there were any other really great advocates that helped anyone out there and you don't mind sharing them, please help! I want to be able to compile a list and just make a bunch of calls tomorrow. Also, do advocates charge like lawyers do?

By the way, the didn't really answer my question regarding the removal of the PEP Cleveland person from my son's life and team. All they said was that the services of an outside Autism consultant were secured. Okay, great...but who is this person, where do they come from, what are their credentials -- don't know!

My head is pounding. And I want to throw up.

Any additional help would be greatly appreciated. Thanks to all who have responded so far and given me some names.

--Suzanne

Check out the new AOL. Most comprehensive set of free safety and security tools, free access to millions of high-quality videos from across the web, free AOL Mail and more.