strange privacy question

[mommyto 2]

What is the name of your state? NJ
I have a somewhat interesting educational privacy question, that for the life of me I can't find the answer. If anyone can help with what law if any covers this situation I would greatly appreciate it (FERPA maybe??).

Here is the situation. Child, 11, special education with an active IEP. does spelling homework. The homework is to write a riddle for the spelling word. Full name goes on top of paper. Next day students in class (a co-teaching placement with regular and special education students) exchange the riddle worksheets and take them home for homework that evening to solve the riddles. Now my child who has severe hand writing difficulties gets his papers back with very negative and sometimes down right nasty comments from other student's parent about his hand writing. Now I think (and I may be wrong),that the school should not be allowed to send other children's work to other people's homes. That due to names being put on papers privacy issues are of concern.

Now mind you I have spoken at great length with the school abut this and they told me they would take care of the situation. But, today my child came home with the same homework again (he did not do the riddles, as he was absent from school for the first part of the assignment but he came home with another child's paper).

Quick note - just so you understand my child has many accomdations for hand writing and has received extensive therapy.

 

[special mom]

Well, I'm kind of grasping here but check out this link and see if perhaps it may be applicable. I have looked and this is about the closest caselaw I can find.

http://www.wrightslaw.com/law/caselaw/2001/10th_falvo_owasso.htm

I would request another IEP and ask that his work not be sent home with other students citing what has happened in the past. If you can have it put into the IEP as an accomodation that would be easier than taking someone's word. People break their word and it's sorry, but break an IEP and it's against the law.

 

[mommyto 2]

Thanks - I will check it out. I will have the IEP modified if need be, good idea. I was trying to see also if this feel under educational privacy laws. I may be grasping at straws.

 

[mommyto 2]

Review case - it actually has a very important statement that I may need to send to my school district. Thanks again!

 

[special mom]

Review case - it actually has a very important statement that I may need to send to my school district. Thanks again!

Happy it helped!

 

[special mom]

Also, you may want to bookmark wrightslaw.com, they have some great resources!

 

[notsmartmark]

Favlo case went to the Supremes

The Falvo case is the correct case, but it went to the Supremes and was overturned.
"Court allows for peer grading -- Students grading other students' work in class is okay, the Supreme Court says in a unanimous ruling. ©Washington Post, February 20, 2002"

Here are some links: http://www.sptimes.com/2002/02/20/Worldandnation/Court_allows_for_peer.shtml,
http://www.splc.org/newsflash.asp?id=366,
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=00-1073

Just be careful that you are getting the Supreme Court decision and not the ones leading up to it.

 

[mommyto 2]

Thanks, I did see that. This is not so much about my son's work being graded by others. This is about his work going home with other students with his first and last name. Then the parents of the other student's writing mean comments about how his handwriting is terrible.

I have since called the school again and told them under no uncertain terms is my son's work to go home with other children. That this practice is unacceptable and I want it to stop immediately. My son's disabilities are not to be put on display for others to review and comment on.

 

[notsmartmark]

I too think it is wrong, and seems to be an intent to instill fear in order to improve skills. I can only imagine parents saying, "I thought your work was horrible, but look at Johnny's," or "Your work is horrible compared to Johnny."

Have you asked the teacher what is her goal? You could ask to have the riddle edited and rewritten prior to sending it home. I would talk to her and let her know that this assignment is challenging for your child, and that there are solutions out there that would allow him to participate in a way that could be positive.

I would also work towards the goal for your son (and you) to come to the place that he could be comfortable with who he is, strengths, weaknesses, and all. The goal cannot be to have no one look at your child's writing. It sends the wrong message. He needs to be say that it is how he currently writes, he didn't choose to struggle with writing, it doesn't mean he isn't smart, and that he is working hard to continue to improve his writing.

Have examples around the house that demonstrate his progress. If you don't, it sends the message that he should be embarrassed. This is a great example to use with your son to teach him to not judge people without knowing all of the information.

Plus, he should know that he is living in a great time to have struggles with writing, given current and future technology.

But, I believe the Falvo decision limits your argument that the school cannot legally do this assignment.

 

[mommyto 2]

notsmartmark - you made some very important and wise statements that I fully agree with. My son is very smart and wonderful in so many ways. At home we do focus on his strengths and not dwell on the weaknesses. He uses many assistive technologies to support him in his areas of weaknesses. When speaking to the teacher she explained that originally the riddles were going to be used as part of a social/group activity in class. Sounds great, but as time went on, there was not enough time in the day to always get to the riddles, it then became homework that was exchanged with fellow students. It no longer was a group or a social activity. The other thing is these riddles are done on a certain worksheet. I asked if he could type them and the response I got was his paper would be different then the other children. I told them to refer to his IEP. They then stated they were going to send a letter home to the parents stating that they should not be making comments on other children's papers. This never happened.

You know what - I find all of this unacceptable and told them my child's work is never to go home with other children. it is no ones business what kind of work my child does or does not do. And he certainly does not need to see nasty comments on his papers by strangers when he gets his work back. Also, I should not be able to see other children's work either. I have worked in the field of special education for 22 years. Some of the papers that have been sent home with my child look to me to be from a child with special needs. I should not know this about any student in my son's class.

Thanks for the help.