Guest guest Posted February 16, 2012 Report Share Posted February 16, 2012 I may be wrong, but I was told that the only issue was with filming or recording. As long as she is not taking video or audio of students that she has no access to, I wouldn’t think it was a problem. Have you gone to the head of special programs (or whatever they call it in your district)? We have gotten a lot resolved because we have an awesome head of special programs, and she makes things happen for us… From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of Carolyn WeisbardSent: Thursday, February 16, 2012 10:10 AMTo: Texas- Autism- Advocacy Subject: advice Ok Guys, I need some advice, or maybe you will tell me I am wrong, please just tell me one way or the other. I have requested for our ABA therapist (from Easter Seals) to be able to observe my daughter in her blended classroom for a short amount of time, in order to be able to help both programs mesh with one another and help Easter Seals to know what they can do to help my daughter be ready for Kindergarten. The teacher (and now diagnostician states it is policy as well) has told me that it is against district policy to allow outside observers due to FERPA.... Since they let parents come in for parties and such I cannot understand this. Not to mention that they have been allowed in 's Easter Seals classroom in the past, after having signed confidentiality agreements. In nursing we would say " what would a reasonable and prudent nurse do " and I feel like the district is NOT being reasonable and prudent. Beyond that I feel like they are hiding something and it makes me very nervous... What do ya'll think??Thanks,CarolynNo virus found in this message.Checked by AVG - www.avg.comVersion: 10.0.1424 / Virus Database: 2112/4813 - Release Date: 02/16/12 Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 16, 2012 Report Share Posted February 16, 2012 I suggest you review the FERPA regulations. Loretta Sent from my iPhone4 Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 16, 2012 Report Share Posted February 16, 2012 If you have not done so already, going to the Special Education Director in your SD, is GREAT advice. Loretta, Advocate Sent from my iPhone4 Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 16, 2012 Report Share Posted February 16, 2012 Agree w/Loretta. I understand there are lots of restrictions more than ever compared to before my son aged out of the school district, but if there is a good principal or Special Ed director in your SD (yes, wishing), there are always some way to figure out some type of a loop hole & to avoid due to FERPA laws. There are also some forms which I can't recall at this time where an outside person must sign & follow the SD's agreement. Irma If you have not done so already, going to the Special Education Director in your SD, is GREAT advice. Loretta, Advocate Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 16, 2012 Report Share Posted February 16, 2012 If a volunteer can do a back ground check and work in the classroom I don't see any reason your therapist could not do the same. Approach this as wanting to work with the school for a smooth transition and invite your ABA person to the ARD. Start keeping very detailed notes on what goes on each day at school or at least what they tell you. I'd also ask to observe your child yourself. Ask Haven about what to look out for. This really reinforces my idea that we need cameras in the rooms where non verbal students with Autism are learning not only for the safety of the child but for the safety of the teachers and as a learning tool. Schools should not be hiding what they are doing behind FERPA but sadly many many are. Trina Ok Guys, I need some advice, or maybe you will tell me I am wrong, please just tell me one way or the other. I have requested for our ABA therapist (from Easter Seals) to be able to observe my daughter in her blended classroom for a short amount of time, in order to be able to help both programs mesh with one another and help Easter Seals to know what they can do to help my daughter be ready for Kindergarten. The teacher (and now diagnostician states it is policy as well) has told me that it is against district policy to allow outside observers due to FERPA.... Since they let parents come in for parties and such I cannot understand this. Not to mention that they have been allowed in 's Easter Seals classroom in the past, after having signed confidentiality agreements. In nursing we would say " what would a reasonable and prudent nurse do " and I feel like the district is NOT being reasonable and prudent. Beyond that I feel like they are hiding something and it makes me very nervous... What do ya'll think?? Thanks, Carolyn Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 16, 2012 Report Share Posted February 16, 2012 Before, I comment, I wish to point out that I am neither an attorney, nor should my comments be construed as legal advice. For a legal opinion, you should consult a member of the legal profession. FERPA addresses the issue of releasing individually identifiable information. District's also have the right to develop policies to protect confidentiallity. IDEA permits parent's and individual's desigated to observe the student in evaluations. There was a supreme case several years ago that involved the peer grading of papers and if that violated a student's right to privacy. The court concluded that there was no expectation of privacy in the public schools. Certainly, there is an expectation of student privacy in areas such as toilet and shower stalls unless there is a reasonable suspicion of illegal activity occuring as in two students in a toilet stall. However,there is a question if privacy concerns would apply to a classroom. The bottom line in my non-legal opinion is that if the observer has a legitimate interest in the child's education, which would seem that the Easter Seal person does, you may want to seek competent legal advice. Louis Geigerman http://narda.org > > Ok Guys, I need some advice, or maybe you will tell me I am wrong, please just tell me one way or the other. I have requested for our ABA therapist (from Easter Seals) to be able to observe my daughter in her blended classroom for a short amount of time, in order to be able to help both programs mesh with one another and help Easter Seals to know what they can do to help my daughter be ready for Kindergarten. The teacher (and now diagnostician states it is policy as well) has told me that it is against district policy to allow outside observers due to FERPA.... Since they let parents come in for parties and such I cannot understand this. Not to mention that they have been allowed in 's Easter Seals classroom in the past, after having signed confidentiality agreements. In nursing we would say " what would a reasonable and prudent nurse do " and I feel like the district is NOT being reasonable and prudent. Beyond that I feel like they are > hiding something and it makes me very nervous... What do ya'll think?? > Thanks, > Carolyn > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 16, 2012 Report Share Posted February 16, 2012 I think they are trying to deny you a service. I guarantee you this is not against FERPA. You just need signed consents. If you need me to provide you with any more specific details please email me. stlevine@... -----Original Message-----From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of Carolyn WeisbardSent: Thursday, February 16, 2012 10:10 AMTo: Texas- Autism- Advocacy Subject: advice Ok Guys, I need some advice, or maybe you will tell me I am wrong, please just tell me one way or the other. I have requested for our ABA therapist (from Easter Seals) to be able to observe my daughter in her blended classroom for a short amount of time, in order to be able to help both programs mesh with one another and help Easter Seals to know what they can do to help my daughter be ready for Kindergarten. The teacher (and now diagnostician states it is policy as well) has told me that it is against district policy to allow outside observers due to FERPA.... Since they let parents come in for parties and such I cannot understand this. Not to mention that they have been allowed in 's Easter Seals classroom in the past, after having signed confidentiality agreements. In nursing we would say "what would a reasonable and prudent nurse do" and I feel like the district is NOT being reasonable and prudent. Beyond that I feel like they are hiding something and it makes me very nervous... What do ya'll think?? Thanks, Carolyn Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 16, 2012 Report Share Posted February 16, 2012 Man Louis, you may not be an attorney, but you seem to think like one!! LOL I liked the disclaimer! Thanks for the helpful information! Before, I comment, I wish to point out that I am neither an attorney, nor should my comments be construed as legal advice. For a legal opinion, you should consult a member of the legal profession. FERPA addresses the issue of releasing individually identifiable information. District's also have the right to develop policies to protect confidentiallity. IDEA permits parent's and individual's desigated to observe the student in evaluations. There was a supreme case several years ago that involved the peer grading of papers and if that violated a student's right to privacy. The court concluded that there was no expectation of privacy in the public schools. Certainly, there is an expectation of student privacy in areas such as toilet and shower stalls unless there is a reasonable suspicion of illegal activity occuring as in two students in a toilet stall. However,there is a question if privacy concerns would apply to a classroom. The bottom line in my non-legal opinion is that if the observer has a legitimate interest in the child's education, which would seem that the Easter Seal person does, you may want to seek competent legal advice. Louis Geigerman http://narda.org > > Ok Guys, I need some advice, or maybe you will tell me I am wrong, please just tell me one way or the other. I have requested for our ABA therapist (from Easter Seals) to be able to observe my daughter in her blended classroom for a short amount of time, in order to be able to help both programs mesh with one another and help Easter Seals to know what they can do to help my daughter be ready for Kindergarten. The teacher (and now diagnostician states it is policy as well) has told me that it is against district policy to allow outside observers due to FERPA.... Since they let parents come in for parties and such I cannot understand this. Not to mention that they have been allowed in 's Easter Seals classroom in the past, after having signed confidentiality agreements. In nursing we would say " what would a reasonable and prudent nurse do " and I feel like the district is NOT being reasonable and prudent. Beyond that I feel like they are > hiding something and it makes me very nervous... What do ya'll think?? > Thanks, > Carolyn > Quote Link to comment Share on other sites More sharing options...
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