Can school hold a conference with a doctor without notifying the parent?
August 31st, 2009 | by admin |The child has and IEP and the IEP team held a telephone conference with the doctor without notifying the parent or inviting them. Can they do this?
I totally disagree with the other answerers. Just because the child has an IEP does not necessarily mean this was an IEP meeting, and if the parents already signed consent to exchange information with the doctor, this may be totally legal.
The doctor may have called, requesting info about how the child is behaving/performing in school, or the school may have had a question about how/when medication is to be administered at school, or any number of things that don’t require a full IEP meeting or parent contact.
There is simply not enough information given in the situation to answer. If the parent has a problem with this they should first talk to both the teacher and doctor, and if they are not happy with the answers given they can revoke permission to exchange information.
Too many people are automatically assuming the school did something wrong and people should be fired when this may be a totally lawful and ethical conversation.
The reason we have parents sign for permission to exchange information is so that we can talk to doctors and other people as needed. There is no requirement to let parents know when and how that is going to happen, and there’s not necessarily anything wrong with it.
Suppose this is a case of possible child abuse and the school wants to talk to the doctor before reporting it? Perhaps the doctor asked school personnel to fill out a questionnaire and there were questions about it. These situations do not require parent notificaton of contact.
As for the IEP team talking to the doctor, as a teacher it is not unusual to want someone else on the phone with you so there are witnesses and no misunderstanding as to what was said. It may be as simple as that.
There are too many questions that need to be answered before anyone can comment on the legalities of the situation or call for people to be terminated. Above all else, the parent needs to talk to the teacher and doctor themselves.
18 Responses to “Can school hold a conference with a doctor without notifying the parent?”
By blindman6592 on Sep 1, 2009 | Reply
If its an IEP meeting, I think they have to invite the parent. I would talk to the kids case manager though for more information.
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By Dreamer on Sep 1, 2009 | Reply
i cant see how- you cant take them to any doctor without parent/guardian consent, why should they be able to?
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By humminngbirdhi on Sep 1, 2009 | Reply
If the child in question is a minor, the parent/guardian must be informed of all IEP meetings. Also, a parent/guardian must sign off on medical treatment, there fore the Dr. must have permission to share privileged medical information.
If there are any doubts, I would at least talk to an attorney who specializes in the Fair and Equal Education Laws. Support Groups and/services may also be able to help you.
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By jdeekdee on Sep 1, 2009 | Reply
NO. This is illegal. Everything that is done concerning the child has to be done by the WHOLE IEP team, and this includes YOU. The parent is a part of the IEP team.
Write to district sped director requesting ‘prior written notice’ on why they did this. By IDEA law (special ed law) they HAVE to give this to you. This will list 7 areas and reasons WHY they did this without you.
They have to have legal reasons for this and they do NOT, since it was not the WHOLE IEP team who did this, becasue they left you out.
In this request, state that you are requesting copies of ALL documents pertaining to this meeting under your rights of FERPA laws. This law gives you the right to view and make copies of ALL educational records pertaining to your child. They will have 45 days from date of your request to give you all this info. I know 45 days is long time, they will have time to ‘change’ things. But it is the law.
If they recorded this meeting, they should give you a copy of the tape, all notes written, all emails and letters written, etc. Everything that school and doctor wrote to each other.
Call and ask the doctor WHY did school want this meeting? And ask doctor WHY did he do it without contacting you first? Did you ever sign a paper at the dr. office limiting who the doctor gives info to? You were suppose to sign some type of form.
Go to the dr. office and make sure you sign a form that prohibits the dr from giving ANY info to the school. The school should be asking YOU for this info, not the doctor.
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TeacherLady wrote–
As for the IEP team talking to the doctor, as a teacher it is not unusual to want someone else on the phone with you so there are witnesses and no misunderstanding as to what was said. It may be as simple as that.
This is true, but first before this can happen legally, the parent has to be informed ahead of time that the school wants to have this person involved in the meeting at least 10 days before the meeting and written in the IEP meeting invite form to the parent.
BUT, the parent HAS to agree for this person to attend the meeting. If not, they can’t be there.
If person is there anyway, parent can cancel meeting.
And likewise for the parent. If parent wants someone at meeting, and they can invite anyone they want, they have to give school 10 days notice before the meeting. And if school disagrees, they have to give parent PWN on their reason they disagree.
By chellyk on Sep 1, 2009 | Reply
No. even if you have an agreement that the school can consult with your Dr there needs to be in writing a request to do so adn when they intend to do it. You are required to be notified of this stuff. I would file a complaint with the head of special education for your district as well as with the State Dept of Education Special Education Dept.
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By crabby_blindguy on Sep 1, 2009 | Reply
I’m not sure (without knowing more details) if such a conference is legal.
But it is absolutely unethical–and should be grounds for dismissal of the school personnel involved.
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By services_integrity on Sep 1, 2009 | Reply
NO, this is a direct violation of due process for the parent. Were you given a copy of your rights as a parent? If not ask for the booklet, which is suppose to be given to you at every meeting. LEA’s (Local Education Agencies) need permission from the parent for everything. The parent is suppose to be sent an invitation to conference for an IEP meeting each time one is held.
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By TeacherLady on Sep 1, 2009 | Reply
I totally disagree with the other answerers. Just because the child has an IEP does not necessarily mean this was an IEP meeting, and if the parents already signed consent to exchange information with the doctor, this may be totally legal.
The doctor may have called, requesting info about how the child is behaving/performing in school, or the school may have had a question about how/when medication is to be administered at school, or any number of things that don’t require a full IEP meeting or parent contact.
There is simply not enough information given in the situation to answer. If the parent has a problem with this they should first talk to both the teacher and doctor, and if they are not happy with the answers given they can revoke permission to exchange information.
Too many people are automatically assuming the school did something wrong and people should be fired when this may be a totally lawful and ethical conversation.
The reason we have parents sign for permission to exchange information is so that we can talk to doctors and other people as needed. There is no requirement to let parents know when and how that is going to happen, and there’s not necessarily anything wrong with it.
Suppose this is a case of possible child abuse and the school wants to talk to the doctor before reporting it? Perhaps the doctor asked school personnel to fill out a questionnaire and there were questions about it. These situations do not require parent notificaton of contact.
As for the IEP team talking to the doctor, as a teacher it is not unusual to want someone else on the phone with you so there are witnesses and no misunderstanding as to what was said. It may be as simple as that.
There are too many questions that need to be answered before anyone can comment on the legalities of the situation or call for people to be terminated. Above all else, the parent needs to talk to the teacher and doctor themselves.
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By Rock on Sep 1, 2009 | Reply
they have call the parent or invite them
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By freimuth30 on Sep 1, 2009 | Reply
The school is not allowed to share confidential information concerning a student with anyone outside of the school without prior written permission from the parent. That includes the child’s doctor. If they met with the doctor and discussed your child without your permission, they are in violation of the law. By law, a child’s parents or guardians have to have received 3 prior written notices of an IEP meeting before it is held (due diligence). If the parent does not respond to the 3 notices, or notifies the school that they will be unable to attend, then the school is allowed to hold the meeting without them. If they held an IEP meeting without inviting/notifying you, they are in violation of the law. Do yourself a favor and call them out on it. You are a very important part of the IEP team, and it is inexcusable for the school to try to exclude you.
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By dlh7777 on Sep 1, 2009 | Reply
If the child has qualified for services and you signed earlier releases allowing them to consult or share information with a doctor then yes they can do so without contacting you first. However, you can withdraw permission at any time. In most cases the district can not hold any meetings with anyone without the parents permission and/or consent. The exceptions are 1) when the parent no longer has legal guardianship 2) the parent signed a form giving the district permissin to hold an IEP without them. If a parent provides the district with papers from a doctor in an effort to get special support services, then it is reasonable for the district to call and confirm the authenticity of the papers. Unfortuantely, it is not unheard of for parents to forge papers.
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By nederlander on Sep 1, 2009 | Reply
They should give 2 wks notice and invite all members of the committee (including parents) IF it was an IEP meeting. As a parent you have the right to request an IEP meeting. You could call a meeting and find out why they are having meetings with a doctor that you are paying for without inviting you.
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By Mister2-15-2 on Sep 1, 2009 | Reply
You might consider thanking school, if they are taking extra steps to get at root of problem. It is very unlikely that doctor would discuss anything meanful without pages of permission. Request copy of doctors interaction before attending IEP meeting.
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By Zim on Sep 1, 2009 | Reply
You would have to notify the school to invite your own primary physician to the meeting and this needs to be in writing.You are notified as to when the IEP will take place and who will be attending.The parent is invited but If they can’t come the meeting will take place without them.When you get your notification letter of a IEP meeting it will state who will be attending the meeting and they can’t include anybody with out your knowledge it illegal and the recommendation/plan the IEP came up with will be invalid.Then you will start the process all over again.
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By Hannie on Sep 1, 2009 | Reply
Absolutely Not!!!
and in my opinion they should for no reason be able to!
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By c.hussar on Sep 1, 2009 | Reply
I understand that your question is about the legality and ethics of such a conference, but I advise you to examine the motivation behind this exchange of info.
If you trust in your school and your doctor to act legally and ethically, then it is probably okay.
I, personally, am in favor of the school personnel having all relevant info so that we can all make informed decisions regarding my child’s education.
Parents should attend IEP meetings always (the school must hold the meeting when parents can attend if the parent requests).
Ask yourself if you trust all parties to do best by the child, then decide your course of action.
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By jdog on Sep 1, 2009 | Reply
no not unless hes 16 and older then if hes not hes considered a minor and the parentoir guiadian therefore has to decide i he can come.its illegal for minors to do it without a guardian.
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By Melissa on Sep 1, 2009 | Reply
As many people have mentioned, it doesn’t seem to have been called as an IEP meeting, and therefore does not require your notification or presence. YES…it is legal as long as it wasn’t an official IEP meeting.
Most parents have signed a letter allowing certain members of the school to get confidential information from particular therapists or doctors. If you aren’t sure of what you have signed, you can request in writing a complete copy of your child’s files including private notes etc.
Schools are allowed to charge for paper fees, copying etc, but being able to read through all of that will give you an idea of what you’ve signed. I know after a while it seems like you don’t recall anymore…my daughter’s file for three years was two inches thick when I requested it!
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