Who decides whats "reasonable"

[BelizeBreeze]

Actually I really am curious. Although it does not matter because my SD's mother is so caught up in drug and alcohol addiction she cant take care of herself let alone bring forth some crap legal action against me for helping her child. Actually my SD's mom is GREATFUL that I am able to help. This is not a hostile situation between anyone in the family, if there is hostility, it is between US (MOM, DAD, and ME SM) and the school not between eachother.

Which is irrelevant to the current situation. you Helping dad is fine. you being in the room where HIS child's medical condition and Federally protected right to privacy under the ADA is being abuse, is NOT.

The reason I am curious is because when I was a child I lived with someone who WAS NOT my parent. The school required her to sign an extra form when she enrolled me, that basically said she agreed to act as my guardian in issues pertaining to school. When my attendance became an issue, they brought her in and threatened to take action against her if she did not make sure I went to school.

you are not this child's legal guardian.

If she suposedly had no legal right and could be sued by my parents or whatever you are saying is possible, how can the school hold her accountable for my attendence. She was not legally obligated right?!?

See above.

If it is as simple as signing a form agreeing to ACT as someones legal guardian... then what is the big issue?

The court would need to confer that right upon you and absent consent from BOTH parents, not only are you placing the school in danger of a HIPPA privacy violation.

 

[DsmithAsmith]

Oh, I guess I miss represented the situation. The woman I lived with was not my parent, nor my legal guardian. She just took me in, from a bad situation.

I am sure the people who made narrow minded comments would like to believe that everyone has perfect families with mom and dad acting together on behalf of the child but the bottom line is that is not the way it is, and especially not in my world. I have actually had a few children that have lived with me over the years who were not mine, just as I lived with the woman who was not my parent. The one thing I take in to cosideration before I act or make decsions with regards to any child, is this in the best intrest of THAT child.

 

[BelizeBreeze]

Oh, I guess I miss represented the situation. The woman I lived with was not my parent, nor my legal guardian. She just took me in, from a bad situation.

I am sure the people who made narrow minded comments would like to believe that everyone has perfect families with mom and dad acting together on behalf of the child but the bottom line is that is not the way it is, and especially not in my world. I have actually had a few children that have lived with me over the years who were not mine, just as I lived with the woman who was not my parent. The one thing I take in to cosideration before I act or make decsions with regards to any child, is this in the best intrest of THAT child.

And you are extrapolating 1970s or 1980s law (or earlier) with the position of law in Today's society. While you could get away with that back then, it is not acceptable today.

 

[pegmatite9999]

The court would need to confer that right upon you and absent consent from BOTH parents, not only are you placing the school in danger of a HIPPA privacy violation

Get consent from both parents and get the order from the court. There you go, at last an answer to your problem. Too bad it took so long to squeeze it out of him, huh?

 

[stealth2]

The reason I am curious is because when I was a child I lived with someone who WAS NOT my parent. The school required her to sign an extra form when she enrolled me, that basically said she agreed to act as my guardian in issues pertaining to school. When my attendance became an issue, they brought her in and threatened to take action against her if she did not make sure I went to school.

If she suposedly had no legal right and could be sued by my parents or whatever you are saying is possible, how can the school hold her accountable for my attendence. She was not legally obligated right?!?

If it is as simple as signing a form agreeing to ACT as someones legal guardian... then what is the big issue?

Times have changed since then, hon. There are many more restrictions in place.

The point of telling you that you have no legal rights is that the school is under no obligation to deal with you should they choose not to. Which means that you're leaving your SD to float around in the breeze while you figure out why. If there is a concern, DAD needs to get off his butt and deal with the school so that they act in a timely manner. You're of course welcome to accompany him - but they're not obligated to deal with you in his stead.

 

[pegmatite9999]

The court would need to confer that right upon you and absent consent from BOTH parents, not only are you placing the school in danger of a HIPPA privacy violation.
__________________
She said Mom supports her efforts. It's also obvious that she is very involved in the care of the child. Why not have her get consent of both parents, and petition the court for the right to represent the child's interests at the school?

 

[lealea1005]

The court would need to confer that right upon you and absent consent from BOTH parents, not only are you placing the school in danger of a HIPPA privacy violation.
__________________
She said Mom supports her efforts. It's also obvious that she is very involved in the care of the child. Why not have her get consent of both parents, and petition the court for the right to represent the child's interests at the school?

HIPAA pertains to medical information, not educational records.

 

[lealea1005]

OP: What reason did the school give DAD in their decision to deny Amber her IEP and go with a 504? Does she also have a physical disability such as a processing disorder or speech impairment? DAD can always request an "emergency" meeting of the 504 team (put it in writing) and request addtional accommodations for Amber like...additional time for testing, quiet place for testing, keyboarding vs. writing, etc.

 

[BelizeBreeze]

HIPAA pertains to medical information, not educational records.

Read the entire thread.

 

[pegmatite9999]

Read the entire thread.

Are you all saying that there is no legal way whatsoever for the stepmother to advocate for her stepdaughter (medically), even with a court order?

 

[lealea1005]

Read the entire thread.

You're right, don't know how I missed all of that. Sorry