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Access to Student Records by a Parent

Directions

You are the new leader of Millwood Middle School. You have only been in the position for one month, however you feel you have a firm grasp on the duties and the operational challenges of the school. As the new school leader you have many challenges that you are responsible for including the supervision of your staff. One of the staff members in particular is Mrs. Pine who has been Millwood Middle school secretary for more than 20 years. Mrs. Pine knows everyone in the school and the community and she tends to take matters into her own hands when making decisions at the school. The majority of her decisions are without your knowledge.

Today you received in the mail a certified letter from a very upset parent, Mr. Bridges who had requested all of his son’s records more than three months ago. The records he requested were to include educational, medical, attendance, and behavior. The letter was very clear in the respect that he made the request per the policy of the school board. The request was in writing and that he even called the school to follow up on the request several times. Mr. Bridges’ letter indicated that he was very concerned with his son’s attendance and health, he went on to say how disappointed he was in the school for not allowing him to receive a copy of the records requested. Mr. Bridges wanted to let you know that he was contacting an attorney and was going to file a lawsuit against you and the school district.

As the leader of the school you were honestly caught off guard with this letter due to the fact that this is the first you have heard about this request. You immediately asked Mrs. Pine if she knew about the request and she, without hesitation, said yes, of course I know about it. Mrs. Pine explained that she had received the request a few months back and decided not to provide the records to Mr. Bridges because she called Mr. Bridges ex-wife and she explained that she had total custody of her son and not to give her ex-husband anything. Mrs. Bridges assured Mrs. Pine that she had court order barring Mr. Bridges from any contact with his son and he did not have any permission to get any records from the school.

You then asked Mr. Pine a few other questions and you found out that Mr. Bridges son’s attendance was in fact irregular and that he often goes to the school nurse. Mrs. Pine said that she had personally reviewed the son’s records and it was shown in the nurse report that there were visible bruises on his arms and legs from time to time. Mrs. Pine told you that she handled this request because she knew the background and did not want to bother you.

As the school leader it is your responsibility to investigate this matter. As you consider the next steps please respond to the following questions:

How does this scenario apply to a student’s right to privacy?
What responsibility does the school district have to provide student records to non-custodial parents?
Who, within the school district has the right to review school records?
Are there any timelines for responding to a legitimate request for student records?
What are certain procedures that a school leader should have in place regarding student record requests?
Does the school have any legal liability in this situation?
What rights does the custodial parent have in denying the non-custodial parent’s request to view student records?
What actions if any, would you take with Mrs. Pine and why?

Discussion 5
Discipline and Students

Directions

Read the following scenario and answer the questions that follow.

James is a 9th grade student at Alma High School, which is a small rural school in the south. In 6th grade James was diagnosed as learning disabled and he was referred to as a potential special education student by his reading teacher. James has also been treated medically since the 4th grade for attention deficit disorder.

James had a Unit Science test in 5th period which he was not prepared for and he knew he was not going to pass. By not passing the test this would drop his overall grade and this would not allow him to remain on the football team. James talked to a few of his friends and they came up with a plan to get them out of the test as they all knew they would fail. They decided that if they called in a bomb threat that they would not have to take the test today, and they would have a few extra days to study. James took out his cell phone and called in the threat to the local police. As a result of the call, school was dismissed for the day and authorities came to the school for further investigation.

Another student, Elizabeth, who had seen James and his friends making the call about the threat decided to come to you as the Principal and tell you what she saw and heard. You were able to question James and his friends about the incident and they all admitted to what they did. For consistency purposes and per the handbook, you immediately suspended all of the students for 10 days pending and expulsion hearing as this was a very serious matter.

As the School Leader, you understand that your district has a zero tolerance policy for those involved in making a threat of this magnitude. Expulsion from school is required. While you were reading each student’s file, you notice that James has ADD and he is receiving services from your special education staff. No one else involved in the incident was identified as having any disabilities.

How does the discovery of James disabilities impact the decision to suspend the students for 10 days, pending a school hearing?
How does James being classified as a Special Education student change the discipline process for him compared to his friends?
Should the Discipline for each student involved be different? If so, how?
Can zero tolerance policies be applied to special education students? What case and law should you refer to when considering discipline for James?
Is there grounds to refer all the students to the local prosecutor for criminal action?
What problems do you see with the parents of the students

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