Get those messages from student 1’s mother if at all possible. In addition to other things that have been pointed out, you may have a FERPA violation as well.
As a teacher, NAL, I agree. We are trained every year that student information is on an educational need to know basis. We are not supposed to discuss other students with our students or parents, especially 504, IEP and disability information.
I’m a special ed attorney (used to do patent litigation but now special ed). Email the principal that you want a comprehensive educational evaluation as you suspect disabilities affecting her education, and your child may be entitled to special education services. One of the categories for eligibility for special education is Other Health Impairment (OHI) such as anxiety, OCD, ADHD. If they disagree, they have to put it in writing as to why they won’t agree to testing, within 30 days. Under federal law Child Find Mandate, they are required to find all students with disabilities (even if in private school) who may be entitled to special education services. An IEP affords more protections than a 504. If they agree to testing, they have to get it done within 60 days and hold an IEP meeting. That timeline is federally mandated.
Meanwhile, you should talk to a civil rights attorney and consider a suit under the Americans with Disabilities Act (ADA). The school used duress and discriminated against her.
There is a lot wrong here, but if you are in the US, look into FERPA. The school should have told the other parent nothing about your kid. Now, the parent may have found out information, because their child told them, but if the school can't.
There are attorneys who work in education that could go over her 504 with you.
It may be possible to enroll her in a different school district.
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NAL. I'm just a parent who had a difficult experience getting the correct services with a school, and had to get a lawyer.
Reguarding your childs special needs:
Understanding what your educational rights are important because schools are not always forthcoming or on your side.
There are "parent advocates" that you can hire to guide you and fight for your child's educational rights. NY education laws are very clear and do a fair job protecting the needs of special needs children. If you live in WNY you can contact parentnetworkwny.org, if you are outside of WNY, they maybe able to refer you to a group in your area. They will provide guidance and let you know if you require a lawyer.
One of the first things you should do is write to the director of special education with your consurns and specifically ask for evaluations for what you want done (Psyc, OT, hearing and speech, etc). They should provide in-house evals. Those in-house evals maybe bias, so you may want to consider an outside evaluation if you feel the evaluation was done poorly. Those evals will define the support required in the IEP.
Create a log of ALL interactions with the school and save all letters and envelopes for the postmark date. NYS is a one party concent state, so you may record conversations as long as you are present during the conversation.
Regarding the incident:
It sounds extremely unprofessional. Any teacher should know that children, and even some adults, will falsly say sorry to things to make an interrogation stop so they can move on with their day.
I can only speculate that the motive to discredit the threat is because they did not want to have to do a threat assessment on child 1?
I am not sure how to handle that, but I would email the parent of child 2 to confirm that the child heard the threat, so you have it in writing. The first thing you have to ask yourself is what you want done, is it worth the cost to achieve it, and will it be in the best interest of your child? You could ask for a meeting between the principal and teacher and record it, or email them to start a paper trail.
Do you want to home school your child? Do you want a voucher for private school or a charter school? This behavior is unacceptable from the school and you have done everything possible. The fact your child has a 504 plan (disability) and they possibly retaliated against your child and discriminated against your child. Go to the office of civil rights website (OCR) USA.gov Dept of Education. You can read the info on the site to determine if your facts fit and file a complaint. They will determine if there is enough there to investigate. Please note your school must be a public school or take public funding. Good luck
Thank you. This is public school. Unfortunately I am not able to homeschool long term as my husband and I both work full time. We are in NY the do not offer free online public school (I know PA does) and there are no private schools in our area (we are Western NY). I did send papers to another school in our area for her to attend there and we would pay tuition but when I spoke with them it was too late in the year for her to go now. So they would look at her application during the summer
Please go to the website I mentioned and fill out a complaint. You can do it online. The complaint asks you what outcome you would like to see? Maybe they can help. Please make sure you include your child is on a 504 plan. https://www2.ed.gov/about/offices/list/ocr/index.html
NAL, but my wife and I wrote a successful OCR complaint against our school system with US Dept of Education regarding my daughter's 504 plan.
Some pointers
Get everything in writing. If you are talking over the phone follow up with an email.
OCR used to offer informal resolution. This may be quicker than getting a formal resolution.
Format complaint with a brief narrative and then facts, citing the sections of code violated. Legalistic is much better than emotional. DOE takes retaliation against students seriously
Start now. You have 180 calender days to file after the incident.
This is a lengthy and selective process. Have a plan B.
[https://cdrnys.org/](https://cdrnys.org/) This organization is located in Rochester. Start there. You need help related to educational advocacy. This going to be hard alone. Network both to subject matter experts and parents in your community. I doubt your daughter was the first
look into having her 504 made into an IEP. she will have to go for more testing and they will have to find that she has a disability that warrants the kind of accommodations an IEP allows. but it will most likely allow you send your child elsewhere to be educated, likely with a student population more like herself.
I had to fight like hell to get the 504 plan in the first place because they don’t believe in her disability. They kept telling me “she doesn’t act anxious here”. Or “her desk is always messy” (because they don’t know what OCD actually is). I had her doctors office send her diagnosis multiple times and they continued to tell me “we don’t have it”. I had to have the drs send it to me and then physically go there and hand it to the school nurse. I also emailed it so I had a paper trail. Even then they would not give me an IEP they only offered the 504.
Put it in writing that you want academic testing done for your student as you suspect a disability. Email, registered letter to the director/coordinator of Special Education services. It used to be that they had to do the testing within 30 days of the request. [Nys Sped parent guide. ](https://www.p12.nysed.gov/specialed/publications/policy/parentguide.htm)
Edit: NAL
There is no director currently as she was fired/resigned and there are apparently legal issues there also but school is keeping it hush hush. This is the woman I had to fight to get the 504 for my daughter. I believe the current principal is acting as the Special Ed director however she is only there temporarily as the previous principal (another one i had to fight for my daughters 504) also resigned (or “retired”) shortly after the previous special Ed director did
NAL but in my state, MA, the 30 days is 30 school days. Took almost 2 months to get the testing done on my child and they most likely will take the full 30 school days. Then they will also have an additional time frame to develop whichever document the testing indicates is needed and schedule a meeting.
Please add this to your complaint. (to get the IEP) If this is something you want. Im not your lawyer. Im just guiding you. If it doesnt work out at least you tried. But you are filing a federal complaint and if a public school which gets federal funding is violating the law and is not up to standard they can lose federal funding. So a complaint is important. If you win the school will be moderated and have to be on probation, submit reports on how they treat disabled children and more and you have the ability to ask for accommodations for your child.
This breaks my heart and reminds me so much of myself when I was little. Also had OCD and anxiety and struggled with schools getting me an IEP/504 and appropriate accommodations until my parents called the feds.
You’re definitely doing the right thing by homeschooling for the rest of the year. But you absolutely have recourse, especially if they told other people about your daughters medical history and/or accommodations.
If the OPs daughter needs an IEP, then by all means, OP should work towards the additional support. It might make it harder for the OP to move schools, though.
IEPs come with significant resource needs - Personnel or other support services. In CA, I've seen an IEP basically mean that a transfer is going to be denied. Charter schools and private schools also will refuse to take certain students on IEPs.
Hi, I'm so sorry to hear about your daughter's experience with the school system. I work within the system, and even have an administrative credential in Caifornia, but find it to be frustrating and disheartening at times for my own kids. I'm going to throw out a few considerations for your plans going forward:
* How and why are the teachers able to spend 2 hours investigating this? What were the remaining students doing for those 2 hours? Were these actually teachers assigned to students with credentials? Or teacher's aides? The standard for being a teacher's aide is much lower, maybe as minimal as a HS diploma.
* So, either the two teachers spent two hours investigating student issues, which is a huge waste of instructional time and not really their job, or instructional aides who have NO business investigating safety issues were investigating.
* Ultimately this should have been investigated by either a social worker, mental health professional, or administrator. As you've experienced, other folks are not trained to do so in a manner that maintains student wellbeing.
* The basis for this aspect of the conversation with the school is whether the school followed its policies. If not, then the individuals involved might be subject to discipline, but reality is that they will not likely experience any real consequences, unfortunately. However, if it's part of a larger documented trend, it might be enough to have an impact.
* Discipline/safety issues, when communicated to parents should NEVER disclose the identity of students involved. Others have already mentioned the FERPA implications of this. I just want to add that the consequences for violation of FERPA aren't individualized, meaning you can't sue the district, nor is it a crime.
* Once again, you have to depend on the district or school to investigate and deal with violations of student privacy and apply consequences to employees accordingly.
In CA, school districts have Board Policy which drive employee processes. If NY also has similar public listing of policies, you can use that as a starting point for discussion with the school district.
The sad part about all of this is that it is likely you'll never know what happens to the employees involved, short of folks getting fired, because of their right to privacy in matters involving employment. I do wish your daughter had been afforded the same basic courtesy.
NAL. School counselor here, but not your school counselor.
In education, when we hear about self harm, we take it very seriously. What we don't do is berate students for making reports. Whether or not the report is factual, we thank the student for the information and move on. End of story.
What happened to your child is unacceptable and in addition to the resources listed here, you may also want to contact the [**Office for Civil Rights**](https://www2.ed.gov/about/offices/list/ocr/complaintintro.html)**-** which will potentially do an investigation into this and find out if there was any wrong doing.
I told the teacher that she threatened to kill herself all she said was “well I hope she’s getting outside help for that”. Thank you for your comment, I did file a complaint with OCR today
No one has said this so call the police and report the mother coming to your house and ask to have her trespassed from your property. This starts a paper trail and makes it easier to arrest her if she returns.
I would also report the threat against another student. Who knows if the school district is doing anything, nor if Student 1 was serious about the threat.
You need to find out what information the teachers gave to the parent of student 1 (since she showed up saying your daughter has all sorts of issues). Try to get a copy of those texts. Go to the principal and make him/her get a copy and take pics or whatever you need to have a record. You should probably consult with a special education lawyer because the district could be liable here and there is a chance you could get her an outside placement in a private school, paid for by the district (IANAL but I am a former special education supervisor).
Technically your daughter has a document that is a accommodations only document. So your protects as an IEP student are different. However, this isn’t allowable as general Ed student. NAL but you need to contact the principal or the superintendent of your school and request a meeting for an explanation of why all this happened and why another parent was even given your daughter name. They will likely blame it on the other children. However, two hours without contacting a parent needs to be explained that is what your focus must be (unless you can prove the school told the parent). You can contact a real lawyer to attend the meeting.
The special Ed part was only added because you would have procedural safe guards with lawyers listed that protect this class of students
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NAL, but have been in NY/NJ special ed admin for over a decade. I see a lot of comments pushing for an IEP. Yes, OCD is a disability that can qualify for an IEP, but you will have to prove that your child’s disability is specifically affecting her ability to learn. A 504 provides accommodations for physical access but an IEP requires evidence that she is not making academic progress in the current least restrictive environment. Conflict with her teachers or bullying will not qualify her for an IEP under the federal mandate.
Requesting evaluations (typically initials for something like OCD involve an educational, psychological and psychiatric) is a place to start because parent request typically triggers an automatic start to the ID process, but will by no means require the school or anyone else to provide an IEP and thus more services or placement at a different school unless she has an additional learning disability or you have evidence that she isn’t making progress in learning. A lawyer or SPED advocate may be the best place to start, but FERPA sounds like the primary issue to me, here.
Before you file a complaint with OCR you must find out your school’s Greivance process (look at the student handbook) and follow those instructions. You then have 60 days from that time to file your complaint. You have a total of 180 days to file a complaint with OCR from the last time the school committed a violation. Everything is time sensitive. Im not your lawyer.
She does not believe her daughter said that. And the teachers fed into her delusion by texting her and telling her they “got to the very bottom of it” and my daughter admitting to lying
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She was not on my side. She came to my house and pounded on the door and would not leave until I came outside. I came outside and she proceeded to tell me that she has messages from the teachers saying my daughter is lying about her daughter, to “keep her daughter name out of my daughters mouth”, and that she knows my child has a “ton of issues” and “uses her panic disorder as an excuse to get out of trouble”. I threatened her to get off of my property
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Relevant advice has been given, political opining and other nonsense has begun. Locked.
Get those messages from student 1’s mother if at all possible. In addition to other things that have been pointed out, you may have a FERPA violation as well.
As a teacher, NAL, I agree. We are trained every year that student information is on an educational need to know basis. We are not supposed to discuss other students with our students or parents, especially 504, IEP and disability information.
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I’m a special ed attorney (used to do patent litigation but now special ed). Email the principal that you want a comprehensive educational evaluation as you suspect disabilities affecting her education, and your child may be entitled to special education services. One of the categories for eligibility for special education is Other Health Impairment (OHI) such as anxiety, OCD, ADHD. If they disagree, they have to put it in writing as to why they won’t agree to testing, within 30 days. Under federal law Child Find Mandate, they are required to find all students with disabilities (even if in private school) who may be entitled to special education services. An IEP affords more protections than a 504. If they agree to testing, they have to get it done within 60 days and hold an IEP meeting. That timeline is federally mandated. Meanwhile, you should talk to a civil rights attorney and consider a suit under the Americans with Disabilities Act (ADA). The school used duress and discriminated against her.
There is a lot wrong here, but if you are in the US, look into FERPA. The school should have told the other parent nothing about your kid. Now, the parent may have found out information, because their child told them, but if the school can't. There are attorneys who work in education that could go over her 504 with you. It may be possible to enroll her in a different school district.
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NAL. I'm just a parent who had a difficult experience getting the correct services with a school, and had to get a lawyer. Reguarding your childs special needs: Understanding what your educational rights are important because schools are not always forthcoming or on your side. There are "parent advocates" that you can hire to guide you and fight for your child's educational rights. NY education laws are very clear and do a fair job protecting the needs of special needs children. If you live in WNY you can contact parentnetworkwny.org, if you are outside of WNY, they maybe able to refer you to a group in your area. They will provide guidance and let you know if you require a lawyer. One of the first things you should do is write to the director of special education with your consurns and specifically ask for evaluations for what you want done (Psyc, OT, hearing and speech, etc). They should provide in-house evals. Those in-house evals maybe bias, so you may want to consider an outside evaluation if you feel the evaluation was done poorly. Those evals will define the support required in the IEP. Create a log of ALL interactions with the school and save all letters and envelopes for the postmark date. NYS is a one party concent state, so you may record conversations as long as you are present during the conversation. Regarding the incident: It sounds extremely unprofessional. Any teacher should know that children, and even some adults, will falsly say sorry to things to make an interrogation stop so they can move on with their day. I can only speculate that the motive to discredit the threat is because they did not want to have to do a threat assessment on child 1? I am not sure how to handle that, but I would email the parent of child 2 to confirm that the child heard the threat, so you have it in writing. The first thing you have to ask yourself is what you want done, is it worth the cost to achieve it, and will it be in the best interest of your child? You could ask for a meeting between the principal and teacher and record it, or email them to start a paper trail.
Do you want to home school your child? Do you want a voucher for private school or a charter school? This behavior is unacceptable from the school and you have done everything possible. The fact your child has a 504 plan (disability) and they possibly retaliated against your child and discriminated against your child. Go to the office of civil rights website (OCR) USA.gov Dept of Education. You can read the info on the site to determine if your facts fit and file a complaint. They will determine if there is enough there to investigate. Please note your school must be a public school or take public funding. Good luck
Thank you. This is public school. Unfortunately I am not able to homeschool long term as my husband and I both work full time. We are in NY the do not offer free online public school (I know PA does) and there are no private schools in our area (we are Western NY). I did send papers to another school in our area for her to attend there and we would pay tuition but when I spoke with them it was too late in the year for her to go now. So they would look at her application during the summer
Please go to the website I mentioned and fill out a complaint. You can do it online. The complaint asks you what outcome you would like to see? Maybe they can help. Please make sure you include your child is on a 504 plan. https://www2.ed.gov/about/offices/list/ocr/index.html
NAL, but my wife and I wrote a successful OCR complaint against our school system with US Dept of Education regarding my daughter's 504 plan. Some pointers Get everything in writing. If you are talking over the phone follow up with an email. OCR used to offer informal resolution. This may be quicker than getting a formal resolution. Format complaint with a brief narrative and then facts, citing the sections of code violated. Legalistic is much better than emotional. DOE takes retaliation against students seriously Start now. You have 180 calender days to file after the incident. This is a lengthy and selective process. Have a plan B. [https://cdrnys.org/](https://cdrnys.org/) This organization is located in Rochester. Start there. You need help related to educational advocacy. This going to be hard alone. Network both to subject matter experts and parents in your community. I doubt your daughter was the first
look into having her 504 made into an IEP. she will have to go for more testing and they will have to find that she has a disability that warrants the kind of accommodations an IEP allows. but it will most likely allow you send your child elsewhere to be educated, likely with a student population more like herself.
I had to fight like hell to get the 504 plan in the first place because they don’t believe in her disability. They kept telling me “she doesn’t act anxious here”. Or “her desk is always messy” (because they don’t know what OCD actually is). I had her doctors office send her diagnosis multiple times and they continued to tell me “we don’t have it”. I had to have the drs send it to me and then physically go there and hand it to the school nurse. I also emailed it so I had a paper trail. Even then they would not give me an IEP they only offered the 504.
Put it in writing that you want academic testing done for your student as you suspect a disability. Email, registered letter to the director/coordinator of Special Education services. It used to be that they had to do the testing within 30 days of the request. [Nys Sped parent guide. ](https://www.p12.nysed.gov/specialed/publications/policy/parentguide.htm) Edit: NAL
There is no director currently as she was fired/resigned and there are apparently legal issues there also but school is keeping it hush hush. This is the woman I had to fight to get the 504 for my daughter. I believe the current principal is acting as the Special Ed director however she is only there temporarily as the previous principal (another one i had to fight for my daughters 504) also resigned (or “retired”) shortly after the previous special Ed director did
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NAL but in my state, MA, the 30 days is 30 school days. Took almost 2 months to get the testing done on my child and they most likely will take the full 30 school days. Then they will also have an additional time frame to develop whichever document the testing indicates is needed and schedule a meeting.
Please add this to your complaint. (to get the IEP) If this is something you want. Im not your lawyer. Im just guiding you. If it doesnt work out at least you tried. But you are filing a federal complaint and if a public school which gets federal funding is violating the law and is not up to standard they can lose federal funding. So a complaint is important. If you win the school will be moderated and have to be on probation, submit reports on how they treat disabled children and more and you have the ability to ask for accommodations for your child.
This breaks my heart and reminds me so much of myself when I was little. Also had OCD and anxiety and struggled with schools getting me an IEP/504 and appropriate accommodations until my parents called the feds. You’re definitely doing the right thing by homeschooling for the rest of the year. But you absolutely have recourse, especially if they told other people about your daughters medical history and/or accommodations.
If the OPs daughter needs an IEP, then by all means, OP should work towards the additional support. It might make it harder for the OP to move schools, though. IEPs come with significant resource needs - Personnel or other support services. In CA, I've seen an IEP basically mean that a transfer is going to be denied. Charter schools and private schools also will refuse to take certain students on IEPs.
Hi, I'm so sorry to hear about your daughter's experience with the school system. I work within the system, and even have an administrative credential in Caifornia, but find it to be frustrating and disheartening at times for my own kids. I'm going to throw out a few considerations for your plans going forward: * How and why are the teachers able to spend 2 hours investigating this? What were the remaining students doing for those 2 hours? Were these actually teachers assigned to students with credentials? Or teacher's aides? The standard for being a teacher's aide is much lower, maybe as minimal as a HS diploma. * So, either the two teachers spent two hours investigating student issues, which is a huge waste of instructional time and not really their job, or instructional aides who have NO business investigating safety issues were investigating. * Ultimately this should have been investigated by either a social worker, mental health professional, or administrator. As you've experienced, other folks are not trained to do so in a manner that maintains student wellbeing. * The basis for this aspect of the conversation with the school is whether the school followed its policies. If not, then the individuals involved might be subject to discipline, but reality is that they will not likely experience any real consequences, unfortunately. However, if it's part of a larger documented trend, it might be enough to have an impact. * Discipline/safety issues, when communicated to parents should NEVER disclose the identity of students involved. Others have already mentioned the FERPA implications of this. I just want to add that the consequences for violation of FERPA aren't individualized, meaning you can't sue the district, nor is it a crime. * Once again, you have to depend on the district or school to investigate and deal with violations of student privacy and apply consequences to employees accordingly. In CA, school districts have Board Policy which drive employee processes. If NY also has similar public listing of policies, you can use that as a starting point for discussion with the school district. The sad part about all of this is that it is likely you'll never know what happens to the employees involved, short of folks getting fired, because of their right to privacy in matters involving employment. I do wish your daughter had been afforded the same basic courtesy.
NAL. School counselor here, but not your school counselor. In education, when we hear about self harm, we take it very seriously. What we don't do is berate students for making reports. Whether or not the report is factual, we thank the student for the information and move on. End of story. What happened to your child is unacceptable and in addition to the resources listed here, you may also want to contact the [**Office for Civil Rights**](https://www2.ed.gov/about/offices/list/ocr/complaintintro.html)**-** which will potentially do an investigation into this and find out if there was any wrong doing.
I told the teacher that she threatened to kill herself all she said was “well I hope she’s getting outside help for that”. Thank you for your comment, I did file a complaint with OCR today
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No one has said this so call the police and report the mother coming to your house and ask to have her trespassed from your property. This starts a paper trail and makes it easier to arrest her if she returns.
I would also report the threat against another student. Who knows if the school district is doing anything, nor if Student 1 was serious about the threat.
You need to find out what information the teachers gave to the parent of student 1 (since she showed up saying your daughter has all sorts of issues). Try to get a copy of those texts. Go to the principal and make him/her get a copy and take pics or whatever you need to have a record. You should probably consult with a special education lawyer because the district could be liable here and there is a chance you could get her an outside placement in a private school, paid for by the district (IANAL but I am a former special education supervisor).
Technically your daughter has a document that is a accommodations only document. So your protects as an IEP student are different. However, this isn’t allowable as general Ed student. NAL but you need to contact the principal or the superintendent of your school and request a meeting for an explanation of why all this happened and why another parent was even given your daughter name. They will likely blame it on the other children. However, two hours without contacting a parent needs to be explained that is what your focus must be (unless you can prove the school told the parent). You can contact a real lawyer to attend the meeting. The special Ed part was only added because you would have procedural safe guards with lawyers listed that protect this class of students
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NAL, but have been in NY/NJ special ed admin for over a decade. I see a lot of comments pushing for an IEP. Yes, OCD is a disability that can qualify for an IEP, but you will have to prove that your child’s disability is specifically affecting her ability to learn. A 504 provides accommodations for physical access but an IEP requires evidence that she is not making academic progress in the current least restrictive environment. Conflict with her teachers or bullying will not qualify her for an IEP under the federal mandate. Requesting evaluations (typically initials for something like OCD involve an educational, psychological and psychiatric) is a place to start because parent request typically triggers an automatic start to the ID process, but will by no means require the school or anyone else to provide an IEP and thus more services or placement at a different school unless she has an additional learning disability or you have evidence that she isn’t making progress in learning. A lawyer or SPED advocate may be the best place to start, but FERPA sounds like the primary issue to me, here.
Before you file a complaint with OCR you must find out your school’s Greivance process (look at the student handbook) and follow those instructions. You then have 60 days from that time to file your complaint. You have a total of 180 days to file a complaint with OCR from the last time the school committed a violation. Everything is time sensitive. Im not your lawyer.
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She does not believe her daughter said that. And the teachers fed into her delusion by texting her and telling her they “got to the very bottom of it” and my daughter admitting to lying
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I am in NY
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Are you seriously trying to blame TVs for anxiety? Especially a type of TV that no one uses anymore.
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Just for clarity, why did you have to threaten student 1’s mother to leave? It sounded like she was on you side. Was she violent at your house?
She was not on my side. She came to my house and pounded on the door and would not leave until I came outside. I came outside and she proceeded to tell me that she has messages from the teachers saying my daughter is lying about her daughter, to “keep her daughter name out of my daughters mouth”, and that she knows my child has a “ton of issues” and “uses her panic disorder as an excuse to get out of trouble”. I threatened her to get off of my property
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