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Special Ed 101
therapist records and school
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<blockquote data-quote="Martie" data-source="post: 47480" data-attributes="member: 284"><p>I NEVER directly released anything to the SD. Also, in my opinion there can be no progress in therapy if the contents are going to be released to ANYONE. I had a difficult child in therapy for years with no idea what he was talking about while in therapy. IL has a mental health law that requires the permission of a child over 12 to release mental health records even to parents. This would astound people outside of IL when ex-difficult child would not release. They would then pressure me and when I told them 1) I didn't have the information (in the case of therapy sessions) and 2) for evaluations, they would need to get a release from ex-difficult child for me, or a provider to release. Since I wouldn't give consent for providers to release directly (as I had to do because he was a minor), that left the schools trying to convince ex-difficult child that they had his best interests at heart in order to get his records. They could rarely do that because he, too, experienced teachers blurting out private information in class when he was in elementary school.</p><p></p><p>At the risk of hijacking this thread, I want to make another point that some of you may not be aware of: When a child is over 18 and/or goes to college, the parent has no right to the school records. I have sat in two different parent first year (freshman) orientations and watched parents meltdown (usually over their first child) literally screaming that as the bill-payers, the had a RIGHT to grade reports, residence hall problems, etc. The fact is, in all 50 states, they do not. The Buckley Amendment confers all these rights upon students at age 18, unless they are declared incompetent. All IL has done is extend this protection to children over 12 in regard to mental health records (which is rare.)</p><p></p><p>I was reminded of this point this week as both my kids reported their semester grades to me by phone because they chose to. I do not, and never will have, the grades in writing.</p><p></p><p>Back to the original thread: do not assume your SD will use information benignly and you are under no obligation to release your private records.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 47480, member: 284"] I NEVER directly released anything to the SD. Also, in my opinion there can be no progress in therapy if the contents are going to be released to ANYONE. I had a difficult child in therapy for years with no idea what he was talking about while in therapy. IL has a mental health law that requires the permission of a child over 12 to release mental health records even to parents. This would astound people outside of IL when ex-difficult child would not release. They would then pressure me and when I told them 1) I didn't have the information (in the case of therapy sessions) and 2) for evaluations, they would need to get a release from ex-difficult child for me, or a provider to release. Since I wouldn't give consent for providers to release directly (as I had to do because he was a minor), that left the schools trying to convince ex-difficult child that they had his best interests at heart in order to get his records. They could rarely do that because he, too, experienced teachers blurting out private information in class when he was in elementary school. At the risk of hijacking this thread, I want to make another point that some of you may not be aware of: When a child is over 18 and/or goes to college, the parent has no right to the school records. I have sat in two different parent first year (freshman) orientations and watched parents meltdown (usually over their first child) literally screaming that as the bill-payers, the had a RIGHT to grade reports, residence hall problems, etc. The fact is, in all 50 states, they do not. The Buckley Amendment confers all these rights upon students at age 18, unless they are declared incompetent. All IL has done is extend this protection to children over 12 in regard to mental health records (which is rare.) I was reminded of this point this week as both my kids reported their semester grades to me by phone because they chose to. I do not, and never will have, the grades in writing. Back to the original thread: do not assume your SD will use information benignly and you are under no obligation to release your private records. Martie [/QUOTE]
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