legal question here

[Guest guest]

In a message dated 4/2/04 3:20:33 PM Eastern Standard Time, huie@...

writes:

Anyway, I am having trouble sorting through the legalese on placement. As

always, help is GREATLY appreciated.

Sharon H.

Mom to , (12, DS) and , (8)

South Carolina

What legalese are they using? DO you want a less restrive environment?

- Becky

[Guest guest]

In a message dated 4/2/2004 2:20:46 PM Central Standard Time, huie@...

writes:

> Question - Do I have the right to know the disabilities of the other

> children in 's class? I would think that I do, since the mix of students

in

> the class directly affects my child's ability to learn.

Sharon,

I am no expert, but my husband and I have worked in insurance for quite a

long time. It is illegal for insurance people to pass around medical

information

for any other purpose than to pay claims. I would think the same would apply

to school personnel. I think that they could not tell you the diagnoses for

the other children in the class, because of privacy. I'm not sure I would want

them to be telling everyone my child's diagnosis. If I chose to share it,

that is different.

While I agree that the different abilities of the children in the class could

positively or negatively affect your child, I don't think that they could

give you anything more than the most basic information about children. I have

been trying to start a parent support group in my district, and cannot get the

names and addresses of the children with IEPs. If you were to ask, I might ask

something like " What percentage of the class is verbal? Ambulatory? Has a

behavior problem? " Things like that.

Again, this is not an opinion based on any legal information that I know,

just my personal opinion. I hope you get the answer you are looking for.

Sue

[Guest guest]

's IEP is sometime in the next month. It was supposed to be this coming

Monday, but the school psychologist had double booked her time. I didn't mind

rescheduling, gives me a little more time to get my ducks in a row.

Question - Do I have the right to know the disabilities of the other children in

's class? I would think that I do, since the mix of students in the class

directly affects my child's ability to learn. If so, what is the best way to go

about getting that information. I have my reasons for wanting to know, because

the learning environment this year has just plain s*cked, in my opinion. There

are several students in the classroom that don't appear to have any type of

learning disability, they are essentially doing grade level work. They do have

emotional disturbances, and are a constant disruption to the class. Also, do I

have the right to say another child needs a one on one aide? There is a boy

with autism in 's class. He hardly ever stays in his seat, is constantly

roaming the classroom, rolling on the floor, making noises and has actually hit

the teacher on more than one instance. I have also seen him purposely hit his

head on the cinder block wall. I honestly don't think he is placed

appropriately since this is supposedly an EMD class.

Anyway, I am having trouble sorting through the legalese on placement. As

always, help is GREATLY appreciated.

Sharon H.

Mom to , (12, DS) and , (8)

South Carolina

[Guest guest]

Sharon,

You are not legally allowed to know the disabilities of other children in

the classroom (Unless their parents tell you). At the IEP, (after goals and

objections have been completed), you can discuss placement options but you

do not have to decide on placement at that moment. You can ask what types

of disabilities are served in the options they present.

's IEP expired and his teacher didn't realize it. He called, very

apologetic and wanted to know if I would sign something about the

compliance. I told him I have no issues with the school, or his teaching

and that I would do whatever he asked! I can't tell you how great it feels

to have a teacher like has had this year.

legal question here

> 's IEP is sometime in the next month. It was supposed to be this

coming Monday, but the school psychologist had double booked her time. I

didn't mind rescheduling, gives me a little more time to get my ducks in a

row.

>

> Question - Do I have the right to know the disabilities of the other

children in 's class? I would think that I do, since the mix of

students in the class directly affects my child's ability to learn. If so,

what is the best way to go about getting that information. I have my

reasons for wanting to know, because the learning environment this year has

just plain s*cked, in my opinion. There are several students in the

classroom that don't appear to have any type of learning disability, they

are essentially doing grade level work. They do have emotional

disturbances, and are a constant disruption to the class. Also, do I have

the right to say another child needs a one on one aide? There is a boy with

autism in 's class. He hardly ever stays in his seat, is constantly

roaming the classroom, rolling on the floor, making noises and has actually

hit the teacher on more than one instance. I have also seen him purposely

hit his head on the cinder block wall. I honestly don't think he is placed

appropriately since this is supposedly an EMD class.

>

> Anyway, I am having trouble sorting through the legalese on placement. As

always, help is GREATLY appreciated.

>

> Sharon H.

> Mom to , (12, DS) and , (8)

> South Carolina

>

>

[Guest guest]

I am also involved in starting a support group in this area. It is for

parents, or anyone with contact with a child with special needs, since we do

not have a large population of just kids with DS. We have been sending

notices about meetings to the schools, so far, turnout is low, but hopefully

we are shortly going to have articles in local newspapers, which I think

will help.

Sharon

Re: legal question here

> In a message dated 4/2/2004 2:20:46 PM Central Standard Time,

huie@...

> writes:

>

> > Question - Do I have the right to know the disabilities of the other

> > children in 's class? I would think that I do, since the mix of

students in

> > the class directly affects my child's ability to learn.

>

> Sharon,

>

> I am no expert, but my husband and I have worked in insurance for quite a

> long time. It is illegal for insurance people to pass around medical

information

> for any other purpose than to pay claims. I would think the same would

apply

> to school personnel. I think that they could not tell you the diagnoses

for

> the other children in the class, because of privacy. I'm not sure I would

want

> them to be telling everyone my child's diagnosis. If I chose to share it,

> that is different.

>

> While I agree that the different abilities of the children in the class

could

> positively or negatively affect your child, I don't think that they could

> give you anything more than the most basic information about children. I

have

> been trying to start a parent support group in my district, and cannot get

the

> names and addresses of the children with IEPs. If you were to ask, I

might ask

> something like " What percentage of the class is verbal? Ambulatory? Has

a

> behavior problem? " Things like that.

>

> Again, this is not an opinion based on any legal information that I know,

> just my personal opinion. I hope you get the answer you are looking for.

>

> Sue

>

>

>

[Guest guest]

With all the HIPPA paperwork that I have to deal with as a teacher, I believe

you do not have the right to know what the disabilities of other children are.

It's a privacy issue......and rightly so......really.

Jackie, Mom to 16ds, 13, and Bradley 10

> 's IEP is sometime in the next month. It was supposed to be this coming

> Monday, but the school psychologist had double booked her time. I didn't mind

> rescheduling, gives me a little more time to get my ducks in a row.

>

> Question - Do I have the right to know the disabilities of the other children

in

> 's class? I would think that I do, since the mix of students in the

class

> directly affects my child's ability to learn. If so, what is the best way to

go

> about getting that information. I have my reasons for wanting to know,

because

> the learning environment this year has just plain s*cked, in my opinion.

There

> are several students in the classroom that don't appear to have any type of

> learning disability, they are essentially doing grade level work. They do

have

> emotional disturbances, and are a constant disruption to the class. Also, do

I

> have the right to say another child needs a one on one aide? There is a boy

> with autism in 's class. He hardly ever stays in his seat, is constantly

> roaming the classroom, rolling on the floor, making noises and has actually

hit

> the teacher on more than one instance. I have also seen him purposely hit his

> head on the cinder block wall. I honestly don't think he is placed

> appropriately since this is supposedly an EMD class.

>

> Anyway, I am having trouble sorting through the legalese on placement. As

> always, help is GREATLY appreciated.

>

> Sharon H.

> Mom to , (12, DS) and , (8)

> South Carolina

>

>

[Guest guest]

While diagnosis of a particular student can probably not be revealed,

our children should be in the best environment they can learn in, both

socially and intellectually. It makes sense that if one child is truly

disruptive or abusive, (even one of ours), he/she may not be entitiled

to be an environment where the learning atmosphere would be poisoned for

others.

You should be entitle to know about any factors (disruptive students,

distracting elements, abusive students) that will affect your child's

learning. It is basically impossible to service all in an environment

that is best for each and every student, but a real effort out to be

there to do the best possible.

Along that line, the IEP team ought to be open in discusssing challenges

and potential solutions to classroom environment. There will be times

when the best alternative isn't very good.

Rick

[Guest guest]

I don't think you do legally. The same privacy parts of the law that protects

's confidentiality protects theirs. I agree with you wholeheartedly that

you should have some idea how these children affect her learning. I have been

having the same problem myself. The severe learners are in the same class with

the moderate labeled kids. is mimicking the behaviors. I intend to ask

for more inclusion time.

Elaine

legal question here

's IEP is sometime in the next month. It was supposed to be this coming

Monday, but the school psychologist had double booked her time. I didn't mind

rescheduling, gives me a little more time to get my ducks in a row.

Question - Do I have the right to know the disabilities of the other children

in 's class? I would think that I do, since the mix of students in the

class directly affects my child's ability to learn. If so, what is the best way

to go about getting that information. I have my reasons for wanting to know,

because the learning environment this year has just plain s*cked, in my opinion.

There are several students in the classroom that don't appear to have any type

of learning disability, they are essentially doing grade level work. They do

have emotional disturbances, and are a constant disruption to the class. Also,

do I have the right to say another child needs a one on one aide? There is a

boy with autism in 's class. He hardly ever stays in his seat, is

constantly roaming the classroom, rolling on the floor, making noises and has

actually hit the teacher on more than one instance. I have also seen him

purposely hit his head on the cinder block wall. I honestly don't think he is

placed appropriately since this is supposedly an EMD class.

Anyway, I am having trouble sorting through the legalese on placement. As

always, help is GREATLY appreciated.

Sharon H.

Mom to , (12, DS) and , (8)

South Carolina

[Guest guest]

I agree with Rick. This year I have equipped the teacher with information on

Functional Behavior Analysis. I told her she could request one (we have a child

in the class that needs one) and doesn't have to wait on the parent. I have

also asked her if she thought a particular student might move up to an LD class

from the EMD and suggested she talk to the parent of another about using his

communication device to help curb behaviors.

Bridget has not had as many opportunities in the learning department as she ahs

had in previous years specifically because of the behaviors of one particular

child. We are moving on to another class and teacher, and I plan to continue to

watch this. When I spoke with the teacher about a particular student, I would

say, " I know you cannot discuss this child with me, but form my observations

have you thought about this? " I have also asked why Bridget has not been doing

accelerated reading this year as in previous years. Both of these have opened

up good discussions without compromising confidentiality.

mom to Bridget 10 in SC

re: legal question here

While diagnosis of a particular student can probably not be revealed,

our children should be in the best environment they can learn in, both

socially and intellectually. It makes sense that if one child is truly

disruptive or abusive, (even one of ours), he/she may not be entitiled

to be an environment where the learning atmosphere would be poisoned for

others.

You should be entitle to know about any factors (disruptive students,

distracting elements, abusive students) that will affect your child's

learning. It is basically impossible to service all in an environment

that is best for each and every student, but a real effort out to be

there to do the best possible.

Along that line, the IEP team ought to be open in discusssing challenges

and potential solutions to classroom environment. There will be times

when the best alternative isn't very good.

Rick

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