School with Questionable Acts.

Go to the superintendent with all of yours facts and documentation. Ask who their legal representation is. The schools do have to have authorization to act and they DO NOT want to get sued. Trust me, the school will straighten up. I have been in this position. If your experience is anything like mine was, the super will try to twist the facts. Stand your ground and be firm. Good luck!

I believe that there is something in the paperwork that you sign when you get early intervention services that lets them contact any specialist that you've listed as someone you're seeing.. and yes, they'd keep her up to date every week or so if he's falling behind - it's her JOB - so no, they didn't likely violate your privacy.

That said - ethically, to me - they should keep you updated at the same time - CC you on every email, so to speak, that involves your son.

My advice is to approach it from a friendly perspective - realizing that they truly meant no harm, send everyone correspondence that lets them know that you want to be a part of any future pow wows that involve your son... so that you don't have to call a formal ARD every time you feel like you're being left out... KWIM?

S.

This wouldn't be the Canutillo school district would it? Just curious, my son is at Jose Damian (Garcia now) Elementary and they sent him to the counselor and set up taking him out-of-class into a "Ninja Group" for behaviour-- all without ever mentioning a thing about it to us!! It is not that something like that wouldn't be helpful for him- but we were never informed at all!

I think you are right- they crossed a line, nothing should be done without talking to parents first. However, you wouldn't believe some of the rights they have and things they can do with your kids/ give to your kids without your consent or knowledge!! I would ask them what their rights are, what your rights are and that you are not giving them permission to do anything with your child without clearing it with you first. It is an audiologist this time- what will it be next time?

Good luck,
P.

Unless you give written permission for the Therapist to have any communication with the school, it is not even legal for the therapist to acknowledge the kiddo as a patient, much less speak to the school and make desicions. It is a huge breach of confidentiality (hope I spelled that correctly) laws.

CHANGES SCHOOL AND THERAPIST NOW!!

That does seem like a really weird thing for them to do! When my oldest was in headstart, she actually passed her hearing test, but her teacher kept insisting that there was something else wrong with her hearing based on her behavior in class. She discussed it with us and asked if we would like more extensive testing done. I don't know what the laws are, but I'm sure that you could go to the school and inform them that you had better be advised of any more medical issues or else! I hate it when schools act like we are just the ignorant parents who don't need to know or don't care to know. This is one of the many reasons that we homeschool.

I agree that keeping your cool is the best approach. Hopefully, they were just trying to do all they can for your son. Expain to them and put it in writing how you want things handled. They should have had your permission before doing all that they did. Contacting the doctor and gaining approval for treatment or evalations is very "different" as ususally the parent does this.

At our school, I always require that we are kept up to date on all tests, evals, and therapy but I have the parents talk to everyone. Honesty, I have all the students to teach all day and would not have time to do all the leg work for the parents.

I focus on doing all we can together for their child but they are the parent. They make the final choice on who to talk to and which therapy to use.

When I talk with others treating the child, I make sure the parent is aware of this.

hi A.!

i was a school speech pathologist in the school system and quit work when i had my kids. i'm having trouble following your story, but from what you wrote, i'm surprised of how much they've done w/o you. i really don't think what they did was "illegal", but it sounds like they're trying to get the ball rolling in your son's favor. i think that's it's great that they care so much about your son that they are contacting every specilaist that's involved with him..but think they should've gone over what they were going to do with you first. if i were you, i'd let them know that you are pleased of how much they are doing with your son, but would appreciate being a part of the team's decisions in the future-b/c you are part of the team! good luck!

Well, I followed your story to a T. We must be on the same wave length. My mouth fell to the floor when I read it. I think they may have had your child's best interest at heart but I would give a stern warning that you are his mother and that you WILL be the one to give consent to actions taken with your child. I assume that if this is pre school that you are paying for it and that means they work for you.

Unless you signed a HIPAA agreement with the school Federal Law says they are not allowed to share, discuss or consult on your child's health conditions and/or care in any way.

If they have done this there are some steep federal fines that can be assessed for the school itself up to and including each individual with violated the HIPAA confidentiality.

NOW if you signed a HIPAA agreement, they can share Helath information with other Medical personal and/or agencies in accordance with THEIR job. I don't know how the law describes that in reference to a school.

That you may need to check out. As a parent you do have the right to review all items in your childs record including any documents you have signed as a representative of the minor. Check to see if you signed a privacy agreement or confidentiality agreement which references HIPAA.

A., If I were you I would go to the school and meet with the counclour,speech teacher and prenciple. Let them know how you feel. You do have rights and they know that. If you have any more questions you can call me, my name is K. Key ###-###-####. My daughter went to school here she is now in the 11th grade. she has hearing loss and wears hearing aids and she took speech when she was in Mauriceville school.

I am allowing my son to attend speech therapy and yes they wanted him tested for everything under the sun. I disagreed with this but after begin hounded for so long I agreed. He tested fine on everything and to make a long story short, they wanted him in a special pre-k to help further him along. I'm homeschooling!

First, I suggest you contact your child's speech therapist and talk with her directly to see what happened.

Second, talk with the teacher and see what happened.

Third, if you signed a Release of Confidential Information form find it and re-read it to see what it covers.

I am a Speech-Language Pathologist and I have made many referrals to Audiologists in the past and will continue to if I deem it necessary. It's part of the Code of Ethics set forth by the American Speech-Language-Hearing Association. I do discuss my suggestion for the Audiological Referral with the parents BEFORE calling the doctor. It's possible that a child may have fluid or ear wax build up and not be able to tell anyone.

Please feel free to email me if you wish.

J.

the therapist cannot give out info with out your written consent. but setting up appointments ect. out of line! I would definately contact both of them on this matter You are the mom not them. If needed just say I will bring the info in on any treatments he is having done and any outcomes.

It seems to me that for some children catching on at different rates the schools and doctors are trying to make a reason for everything. When in reality all they need is time.

This is just my opinion, but I definitely think that your rights as a parent were violated. YOU are the PRIMARY person in charge of the well-being of your children. Schools, doctors, therapists, etc. are secondary, and don't have the right to make any decisions for your child without acquiring your permission first. If I were in your shoes, I would have a little chat with all of the parties involved in the offense, including my son's doctor's office. I would make it very clear to all of them that all issues concerning my child will be brought to my attention first and any actions taken will be by me only. If that didn't stop the problem, then I would consider talking to a lawyer. Bottom line, if you feel like your rights were violated (which you seem like you do), they were. Good luck, and I hope you set everybody straight.

I'm a special ed teacher, & we are basically not allowed to make any major decisions without the parent's consent. We're not even allowed to change the IEP without setting up another meeting. Why would they contact your doctor?

To me this sounds completely like they are crossing the boundaries.

I agree with you. This is YOUR son they are talking about. I'm sure they're just concerned for your son and wanting to make sure he gets the help he needs but they need to discuss this all along the way with you. Depending on how they got the information about the ther. and the doc. I'm not sure it's illegal but I would for sure have a talk with all of them and let them know that you don't think it's right what they did and they are to no longer consult anyone without your knowledge regarding your son. Plus-how did you find out? Did they just come to you after all was said and done?

Good Luck!

Hi A.,
I liked Moe's response, being that she was a speech therapist in the school system. I too have my son in speech therapy at his future elementary school. He is the same age as your son, unfortunatley we don't qualify for Pre-K so I am preparing him and my 3yr. old for school myself.

When your son was first tested, did you attend an ARD, which stands for Assist, Review and Dismissmal, which is the plan that the school and you the parent agree to which covers his needs and the goals to achieve progress? I honestly don't think that his teacher being in communication with his therapist was wrong, but I too would question the therapist and the school communicating with his pediatrician without your knowledge...may not be wrong, but as a parent I too would expect to be informed on any area concerning my child.

I recommend you call the special education services dept. of the school district that your son attends and also the principal of the school. Believe me, when the principal hears that you called the district offices, any question you have will be addressed immediately.

Please take Moe's advice about your approach...the school system is so used to dealing with either irrate parents or parents who just don't give a damn. If you present yourself as a rational, intelligent person who sincerely cares about her child, they are going to deal with you the same way...just remember, there are laws and standards and if any of these are not followed, the school can get in a lot of trouble.

Good luck with this,
J.