- May 1, 2024
- Posted by: legaleseblogger
- Category: Related News
Try Free Now: Legalese tool without registration
## Overview of Situation
Long story short, my minor child (age 10) has a disability and as a result, has an Individualized Education Program (IEP) at his public school where he attends special education. A manifestation determination review (MDR) meeting was recently held to determine whether the conduct in question was a result of his disability. This meeting involved the entire IEP team, including myself, my child’s father, and about 8 various school staff members, some of whom I had never met before.
## Review of Meeting Outcome
During the meeting, it was concluded that the conduct in question was 100% a manifestation of my child’s disability, as he is autistic and the conduct involved verbal and physical aggression stemming from overstimulation. However, the issue arose when the school administrator publicly disclosed my personal health history, specifically mentioning that “mom has a history of cutting herself”. This disclosure left me feeling humiliated and confused, as this information was meant to be confidential and had no relevance to my child’s educational needs or safety concerns.
## AI Legalese Decoder Solution
### How AI Legalese Decoder Can Help
This is where AI Legalese Decoder can come into play. By using advanced AI technology, the AI Legalese Decoder can analyze the situation and determine whether the school’s actions violated any laws, such as the Family Educational Rights and Privacy Act (FERPA). It can provide insights into whether the disclosure of your personal health history was a breach of confidentiality and assist in navigating the legalities surrounding the situation. With the audio recording of the meeting as proof, the AI Legalese Decoder can help you understand your rights and potential courses of action to address the breach of privacy.
## Reflection and Next Steps
In the aftermath of the meeting, I am left feeling ashamed and embarrassed by the public disclosure of my personal information. Despite the report to Child Protective Services (CPS) being deemed unsubstantiated, I am left questioning whether the school’s actions were lawful. According to FERPA laws, family health history collected during a special education assessment for my child should not have been verbally disclosed by the school, as it was not relevant to the issue at hand. In Montana, family health history data is considered part of “student records” when it comes to special education, further raising concerns about the violation of privacy.
Moving forward, I am seeking clarity on whether the school’s actions constituted a breach of FERPA and other relevant privacy laws. With the help of AI Legalese Decoder, I hope to gain a better understanding of my rights and potential legal recourse in response to this breach of confidentiality.
Try Free Now: Legalese tool without registration
### The Challenge of Deciphering Legal Jargon
Legal documents are often filled with complex terminology and intricate language that can be difficult for the average person to understand. This can present a challenge when trying to read and interpret legal documents, contracts, or agreements. Many people find themselves struggling to make sense of the legal jargon and may feel overwhelmed by the complexity of the language used.
### How AI Legalese Decoder Can Help
The AI Legalese Decoder is a powerful tool that can help individuals decipher and understand complex legal documents with ease. By utilizing advanced artificial intelligence technology, the AI Legalese Decoder is able to break down complicated legal jargon into simpler, more accessible language. This makes it easier for users to understand the content of legal documents and ensures that they are able to fully comprehend the terms of any agreement or contract they may encounter.
Furthermore, the AI Legalese Decoder can quickly identify key clauses, provisions, and legal concepts within a document, providing users with a comprehensive overview of its contents. This can be particularly helpful when reviewing contracts or agreements, as it allows users to identify any potential red flags or areas of concern.
In addition, the AI Legalese Decoder can provide users with helpful explanations and definitions of legal terms, ensuring that they have a clear understanding of the language used in the document. This can help users make informed decisions and navigate the complexities of legal documents more effectively.
Overall, the AI Legalese Decoder is a valuable tool for individuals who need assistance in deciphering legal jargon and understanding complex legal documents. By leveraging the power of artificial intelligence, users can confidently navigate the world of legal language and ensure that they are fully informed and protected in any legal situation.
****** just grabbed a
NAL, I’ve been that school social worker though (and I have a child on an IEP), and I would never put something like this in the Evaluation Report. I would put something like, “parent reports a family history of depression” or something vague like that. It’s simply not relevant to this situation at hand. Tons of parents have done self-injurious and troublesome things in their past, we’re human beings! I’ve had parents tell me some shocking stuff, but if it’s not immediately relevant to the student, it doesn’t get put in the official report.
I would work with your state’s [Parent Advocacy Organization](https://mtempowermentcenter.org) to get this statement removed from your child’s Report. It sounds like you could use their advocacy for your student in other areas, too which this awful district.
The CPS call was out of line, I’m so sorry. Keep advocating for your student and yourself, you’re doing a good job. You don’t deserve to be treated this way.
Who called CPS after the meeting? Did you mean “and then called CPS” as in you called? Or “and they called CPS”?
I am a school admin, NAL. I think this is a complex enough issue. You really should be consulting a local attorney who handles FERPA/HIPPAA. You can usually discuss through the Parent Advocacy Office as well.
This was a PPT, so I’m struggling to see where this would be a FERPA violation. Student records are (and should be) discussed during a PPT. I bring up information from family health records all the time in a PPT (ie. I saw that ADHD runs in your family, has little Billy exhibited similar symptoms as others?)
What it may be is a HIPAA violation; however, the school administrator has no role that would HIPAA, only the psychologist who seemed to do that assessment by the book.
Now, this is certainly a totally tactless thing to say and shouldn’t have been brought up. I would definitely request it be removed from the eval. All it needs to say is “family history of depression.” So what I WOULD do is either through an attorney or with a strongly worded letter to the Board of Ed, Super, and principal explain that this information was out of line to share and that you expect more tact in the future, along with the removal.
Edit: I just saw the line about the CPS report. THAT is out of line. Is it possible it didn’t have a tome frame listed and they thought it was recent? If not… get a lawyer. That isn’t a good faith report if the evaluation said it was years ago when you were an early teen
NAL but I am a social worker and you should contact the regulatory board in your state. This is a violation of confidentiality.
The admin broke FERPA by verbalizing your history in an open meeting. Report then please
Special education teacher here. FERPA applies to student records being disclosed to those to whom it has no relevance. For example, if a parent complains that a specific student is bullying their student, the principal cannot disclose to the complainant that the student being accused has a behavior plan in place because they have an autism diagnosis.
Since the inform disclosed was actually obtained as a seemingly relevant data for evaluating the student and the MDT developing an IEP, it would not be considered a violation of FERPA to disclose that information to the individuals that a part of the MDT.
NAL, but I am a therapist who has been contracted into schools to serve as the school therapist (different than school counselors, I only see kids for therapy sessions and advocate and mediate for them in all areas needed as such between school counselors, advisors, admin, teachers, parents, and when necessary law enforcement/DCS/courts/etc).
The caveat to my opinion here is based on that context, so it may not be totally accurate from a social worker POV, but having worked closely with social workers and school staff and parents for IEP meetings for all ages, I am absolutely APPALLED.
It sounds like the social worker is operating outside her station. Perhaps due to a lack of resources in your area or something? Why was a therapist not there for all this? And for the meetings where such info was gathered??
I would absolutely take this complaint to the board of education and the entity through which the social worker is employed. It’s unlikely (based on my experience in my own state) the social worker is actually employed by the school system itself, so find out that first of all. If they are actually employed through a state organization you need to file a complaint against that SW through them AND the board of education.
Please do not allow this to just slip by. And if THEY called child services on you after that meeting, report that too!! Making a false/unfounded report is equally as bad as violating your right to privacy.
SWs and therapists alike are bound by HIPAA laws where I live. I don’t know why it’d be different in another state. That social worker needs to be put in check.
Depending on the individuals present in that meeting (how can u know?!) this could impact your and your child’s reputation/experiences in that school/town, you and your family could experience discrimination as a result, the possibilities are endless! ESPECIALLY if you live and work and attend school in a small town like where I am located!!
100% consult an attorney this is a violation of your privacy and caused you and your family mental distress especially your child. School Districts have insurance to cover suits of this nature. The School District is responsible for the Administrator’s violation.
[removed]
[removed]