Legal Question in Education Law in Connecticut

confidential info /non professional comments

my dgtr has a history of severe depression (several josp stays) we have jumped through all the hoops the school claimed we had to now they are not following through on there part and devolging my childs info. to other students and making derogatory comments about my dgtr(15) to other students and her with special needs.What can I do about this to get it stopped or should I be talking to an attorny, Isn't my child suppose to get the best education possible even though she has issues,and there comments only are more hurtfuland just seem to reinforce negtive issues for her at school I need serious help,they are now the ones holding her back and making her feel worse Ps she has upcoming surgery and every day medically approved is counting towards missed school and they are threating me with truencey .

Asked on 3/17/09, 11:29 pm

1 Answer from Attorneys

Courtney Spencer Law Office of Courtney P. Spencer

Re: confidential info /non professional comments

First of all, the school district is not able to count absenes due to surgery against her. The truancy law is clear that a child is truant if they have unexcused absences only. I am sure this information is contained in your student handbook. Additionally, they cannot talk to anyone about your daughter's disability without your permission unless the person they are speaking to is instructing her or has a legitimate educational interest. Her information is confidential and protected by FERPA. But most critically, it sounds like your daughter is not receiving an appropriate education. Your daughter is not entitled to the "best education possible" unfortunately, but she is certainly entitled to an appropriate education. It's impossible to know from your question what her program looks like in comparison to her what her needs are. However, if she has a history of severe depression and the comments of the school staff are making it worse, I would guess that there is an overall problem with programming and support. You probably should seek out the advice of an attorney or trusted advocate to ensure that your daughter's rights are protected.

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Answered on 3/19/09, 8:37 am

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