Opinions requested

klmno

Active Member
I'm going thru our state regs for IEP's and evaluations. I found that 1) sd psychs are not allowed to examine the Department of Juvenile Justice file containing the list of charges against difficult child and this info is not allowed to be turned over to sd's because it violates the privacy act, except in the cases where the law requires the sd to be notified. That would be difficult child's brush fire 2 years ago, but not the other stuff.

2) If a parent reports something to the sd, it can be put in the file.

So, the question is, if info is relayed to a sd psychiatric for evaluation purposes only, should that info be written in the report that will go into difficult child's sd record forever? Or, is that a violation of the privacy act? Could the sd psychiatric not put the conclusions without listing the specific info? Yes, but can I require her to?

IOW, I provided the info about the weapon on one of the forms about behavior. (Has your child ever used a weapon? I figured his threatening me with the steak knife and cutting himself with a camping knife and razor blade counted, so I put yes.) The sd psychiatric did not know the specifics, frequency, or anything else, so she wrote in her report that "Mother repports difficult child has used weapons. well, this looked horrible and left too much room for assumptions of worse things than the whole story so I told her the whole story. Now I'm wondering if I can terll her to leave it out altogether because that's why he was charged and committed and she's not allowed to put that kind of info in his sd record. Really, I don't get why the report was about stuff like this anyway. Am I way off base or should this kind of stuff be included in a triennial evaluation by a sd psychiatric?

I'm assuming that even with an IEE, this report will remain a part of difficult child's record, right?
 
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busywend

Well-Known Member
klmno, I suggest you PM our resident experts on school issues Sheila or Martie. I think Sheila was recently on vacation, but might be back by now.
 

lmf64

New Member
I think the sd psychiatric can include that information exactly the way it was used. Mother reports use of weapons, doesn't say that difficult child was locked up for it, only that you said he'd used weapons in the past. I'm sorry for being such a downer, but that's my take.
 
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