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fjet
fjet asks:
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Why would a public school teacher request access to my child's medical records?  Can the school diagnose his problem? Does this compromise him?  
My grandchild, who has always lived with me, is 5-years old, in kindergarten and special-ed speech. My custody of him was a family decision with no squabbles or outside intervention.  He talks a lot and uses sentences, but can't form coherent words...I have had hearing test, eye exams, urine tests, blood tests, and a cat scan done...all "normal"...no signs of autism.  I am beginning to think his problem may be musculature in nature:  he was slow to sit and walk; his fine motor skills such as writing, coloring, or cutting paper are poor, as compared to that of other children his age; and, his speech patterns are like that of a much younger child.  His comprehension is good; At a very young age it was apparent that he understood everything said, just like other children without speech problems.  He has a good sense of humor; He enjoys children's movies, cartoons, and educational TV; He especially likes cars, trucks, and trains; He builds complicated train track configurations inside and outside he uses boards, sticks and other things to make paths to follow in his motorized jeep, which he drives like a pro.  He enjoys other children, but he also plays well by himself.  He is very sweet and loving and all his family and teachers adore him.  Any ideas of what could be the cause of his speech problems?  Is there any reason I should deny the school access to his medical records?
In Topics: Special education
> 60 days ago

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Expert

Louiseasl
Apr 1, 2012
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What the Expert Says:

Hello and thank you for writing to JustAsk.

I am not sure how to respond to this very specific question. However, this website may be of help to you.. http://www.WrightsLaw.com


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Additional Answers (3)

EdEd
EdEd writes:
I won't comment on causes for speech concerns as that's outside my area of experience, but I wanted to comment on your comments on access to medical records and diagnosing in the schools:

1. "Why would a public school teacher request access to my child's medical records?" Typically, in the process of a psychoeducational evaluation, as many sources of information as possible is a good thing for the purpose of understanding the child's needs. A regular classroom teacher would probably be unlikely to request access to such records unless there were an evaluation occurring. More likely, a speech language pathologist, school psychologist, or special education teacher may request such records.

Unless there was a specific why you would not want the school to have access to such information, it's generally a good idea to share as much information as possible between everyone involved. The more people know (such as a speech language pathologist), the more specific they can be when creating interventions to support your grandson.

2. "Can the school diagnose his problems?" Sort of. School employees typically do not make medical or psychological diagnoses, but they will "diagnose" a child with a psychoeducational disability such as a learning disability, though not really - the school would really just be saying that your grandson qualifies for certain services, such as speech services - not that he has a particular disability. Typically, a doctor or psychologist outside the school would make any formal diagnoses.

What's important, though, is that the school can "identify" certain learning problems - whether or not it's considered a formal diagnosis. For that reason, sharing information makes sense.

3. "Does this compromise him?" Not sure exactly what you mean here, but if you're meaning, "Does this hurt him?" my response would be no - not necessarily. There are mistakes that can be made, but sharing information does not automatically hurt a child's services in a school setting.

4. "Is there any reason I should deny the school access to his medical records?" From the information you've provided, I would say no - there is no reason why you shouldn't. Sharing information tends to be helpful.

My main concern in this case would be that the school is requesting access to medical records without having giving you a reason. Are they conducting a specific evaluation, or trying to work through a specific issue? I would simply follow-up and say you are happy to help them get as much info as possible, but you'd love to know how they are going to use the information in the case that you have other information that may be useful. For example, you've described several observations of your grandson at home - that could be quite helpful to the folks at school, and their inclusion of you in whatever process they're involved with would only help them.
> 60 days ago

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bc0100
bc0100 writes:
Here is an article by Michelle Ball, Student Rights Attorney, and is only relevant to the State of California.

By Michelle Ball, California Education Attorney for Students since 1995

Resist Teacher and School Pressure To Drug Your Children For Them To Attend And Be Educated
Under both California and federal law, schools CANNOT make drugging kids a condition of attending school.  This means that if a child is alleged to have "behavior issues" there is no requirement parents seek out a mind-altering substance to control them in the classroom. Despite this, there is often a LOT of pressure from school officials, teachers, etc. for parents to control a non-conforming child by use of drugs.  Prior to giving in to the pressure, PLEASE look at alternative methods of controlling behavior as described below.

Over the years, I have consulted with thousands of parents with problems in the schools. Conflict arises when a student cannot sit in their seat 4-6 hours a day without distracting other students with foot tapping, jokes, fidgeting, or other activity.  The intolerance is large and the schools have become much more focused on CONTROL of children.

Many parents, as a result, have been pressured by the schools to make their child "fit in" within the public school classrooms and their method of instruction.  Unfortunately, the typical classroom does not work for all kids.  As such, parents may hear little hints and/or direct suggestions from a child's teacher that "he may have ADHD (Attention Deficit Hyperactivity Disorder), you should get him evaluated."  Or, "he won't be able to stay in MY classroom unless he gets himself under control- have you looked into XYZ medication?"  The pressure can be intense and unrelenting.

Thankfully, there is NOTHING a school or district can do if you refuse to put your child on medication to control their behavior.  Now, when I talk about medication, I am referring to psychotropic medication.  In general terms, this is medication which is prescribed by an MD (Medical Doctor) or a Psychiatrist to purportedly handle attention, hyperactivity, mood, depression, anxiety, behavior, and other activities that are not "normal."

Before looking to medication as the "answer," consider these options:

1)  Placement in a different setting which allows for more movement, interaction, independent study, etc. -- whatever may work for your child.  There are charter schools, private schools, home schools and many options other than the public schools.
2)  Student Study Team (SST) meeting to develop a support plan for a child in regular education.
3)  504 Plan to develop reasonable accommodations to help your child BE in the classroom, for example:  frequent breaks, the ability to walk around the room or complete a task for the teacher, access to counseling with staff, etc.  There are so many accommodations which can be made if behavior is impacting school, it is unbelievable.  The student, however, has to have some sort of identified disability which impacts learning and/or other areas of existence prior to qualifying for a 504.
4)  Behavior Support Plan (BSP):  These plans may be developed in conjunction with the SST, 504, or special education.  I have been surprised with how many students with behavior problems in school have no and/or inadequate BSPs.  This is a fabulous tool to evaluate and handle behavior issues.
5)  Medical evaluation: a child may also need a full medical evaluation to discover what PHYSICAL problems may be causing behavior issues, such as allergies, vision problems, hearing problems, low thyroid, diabetes, or a myriad of other physical problems impacting behavior.
6)  Alternative Mental Health:  Parents also should consider alternatives to drugging such as listed at the site alternative mental health.com.  This site says it is "the largest site for non-drug approaches for mental health."  As psychotropic drugs may be "mind-altering" to a student and can have severe side effects, I would urge parents to look at every alternative prior to proceeding with drugs for behavior.  There may be another way.

The bottom line is that parents are in charge of their child's mental health and must help them if they have issues.  The school cannot force a parent to drug a child, and parents must be ready to resist the pressure.  You can do it!


Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/
> 60 days ago

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kathyhartrip
kathyhartrip writes:
Yes they do not have the right.
> 60 days ago

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