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A.C. et al v. Shelby County Board of Education - 6th Circuit

Discussion in 'Parents of Children with Type 1' started by Ellen, Apr 28, 2013.

  1. Lee

    Lee Approved members

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    I would never have my school talk to my endo about my child. There is no need. Does the school call the pedi about strep? Or a flu? No, the dr. writes a note.

    Our CDE's do train the schools. That is great and amazing. But our schools have never even requested to talk to the Endo, nor should they, it is the parent's job.
     
  2. swellman

    swellman Approved members

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    You have seriously misquoted me ... I never said "hung up" but, whatever.

    Exactly, what are you afraid might happen if you give out your social security number? I'm honestly curious. What could happen?

    There was a time when we were proud to show our SSN.

    [​IMG]
     
  3. liasmommy2000

    liasmommy2000 Approved members

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    Um, identity theft. I thought this was common knowledge. The SSA talks about being careful with your social security number.

    http://www.ssa.gov/pubs/EN-05-10002.pdf
     
  4. LoveMyHounds

    LoveMyHounds Approved members

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    Our school didn't either, the school nurse just grabbed the phone and called our diabetes educator (no my permission). I complained of course, but the hospital social worker told me that the school nurse has a right to contact our drs, because she is the part of the team! :rolleyes:
     
  5. Beach bum

    Beach bum Approved members

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    Aack!
    She's part of the school team, not the diabetes care team.

    The only time a school nurse talked to our endo was as a training session and it was because she was questioning why the pump did something. We've had situations in the past where she didn't agree with something the pump did (IOB) and asked my opinion, then said "next time you see your team ask this for me..." Right there I knew she'd never call unless it was an emergency.
     
  6. Beach bum

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    And that the child is not forever labeled as "the one who's parents sued the school or a troublemaker." Even though it's happening for the right reasons, people sadly don't remember this, just the fact that it was elevated to a court case.

    Again, wishing the family the best outcome possible.
     
  7. deafmack

    deafmack Approved members

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    The parents are clearly in their right to file a lawsuit due to the clearly retaliatory acts of the principal. Yes the teacher was clearly uncomfortable with having a child that needed accommodations in her classroom. But the actions of he principal showed that she thought that by reporting the parents for medical abuse that it would help solve the problem(s) that were ongoing between the school and their parents. The parents had every right to file this lawsuit against the school district. I for one hope they win.
     
  8. dzirbel

    dzirbel Approved members

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    So the exact wording is as above. And yes, I protect our Social Security numbers as it is oh so easy to apply for credit and other things with simply supplying your social security number.
     
  9. Lee

    Lee Approved members

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    For reals? In the military, I used to write our SSN's on our checks - it was our primary identifier. But that was 20 years ago. Your SSN is 1 of 3 basic pieces of information needed to obtain credit - the most important of the 3 - the other two are you address - which anyone can find, and your DOB, which isn't that hard to find either.

    As a victim of identity theft, where my personal information was on a laptop stolen from an employee of the Veteran's Admin, let me tell you - identity theft can ruin your life - or at least your credit. I still have things appear on my credit report, 10 years later. I have spam callers calling me and harassing me at work, it destroyed my credit rating, and anytime I use my SSN now, say for like a car loan, and need to include my current Phone #, Work #, etc; I get threatening phone calls from India and Pakistan, telling me that they are going to arrest me, my kids are going to be on drugs, and my spouse will be sold into prostitution if I don't give them access to my checking account. MY favorite is when I hang up on them, and they call back every minute for 4 hours, and when I dare to turn my phone off, they cycle through to the secretary and harass her.

    Identity theft is a true crime, and just like victims of other crimes, it is hard to overcome and has lasting effects. Do not give out your SSN.
     
  10. Joretta

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  11. mmc51264

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    We had a scarily similar situation that, thank God, did not go that far. I think the fact that we got an attorney VERY early on; when we were getting really bad vibes and the principal made some vague reference to "us not doing our part as parents to manage our child's diabetes." Hired an education lawyer the next day. Two years it took to get things where they should (sort of) be. I would have never thought a school district would all children services on parents to avoid following ADA protocols. SCARY

    Our case was so clear cut that the school district ended up paying our lawyer; it was that blatant.

    My very best to them and praying that all goes well in their favor. It is SO frustrating when they think they know more than we do. I wish they would understand, I don't know any other group of parents that know the law and rights better than parents of a child with diabetes.
     
  12. akgiauque

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    Man I have been gone to long, Busy year with kindergarten. Glad to see that the schools are still full of evil doers that are out to get our kids. I also see there are still lots of people to blame besides ourselves, alas human nature is what it is.
    I like to spar but I admit this sounded like retaliation to me. The fact this person may be employed has little to do with the outcome and hence your opinion of the person. I would guess it has more to do with the trust of the employer of the employee or employee rights. We all get second chances, no one is perfect that sort of thing. The other thought is that the parents might be in the wrong, they might be abusing the child. We assume that no diabetic parent would do that. But parents of children miss treat them diabetic or not sad but true. There was no proof but health care providers and educators are required by law to report any suspected or perceived abuse. The problem with this decision is a fear of "retaliation law suits". this is where the four part test comes in to protect these folks from being sued.
    As for the rights of the school, they can ask to visit with the Dr or request records. How else do we prove that a child has a broken arm, a learnind disability or diabetes? supporting documentation for a 504 is normal but dosing or ranges of BS? I would guess a nurse steered them in the wrong direction here. Hard to tell from the limited information in the brief.
    The upside unless I am mistaken the next stop for this case is the US Supreme Court. I hope they take it, maybe they will clarify some of the ADA 504 language. It is ambiguos and gives lots of wiggle room on both sides, both language by the school and what is asked by the parents. I doubt it however this is not a case that seems to come about frequently and when a "test" is given ie Lemon v kurtzman, they take that president quite seriously and do not retry the test often. I guess we will see. Cheers
     
    Last edited: May 7, 2013
  13. mamattorney

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    This case hasn't even gone to trial yet. The appeal was for a summary judgment motion which happens before trial. The defendant basically said: "the plaintiffs can't prove the legal elements of their case even if all facts are construed in their favor" and the trial court agreed with the defendant, but to reach that decision, it relied on the state law burden of proof "clear and convincing evidence" which is a high burden and in place to protect schools since they are mandatory reporters. This is a case brought in federal court under federal law and the federal burden of proof is the much lower "preponderance of the evidence", so the appellate court reversed the summary judgment, saying, if all facts are construed in favor of the plaintiff, a reasonable jury could find that plaintiffs proved their case under the lower standard, so summary judgment is denied. It's not a statement that the plaintiff will win, it's just a statement that says if everything goes in the plaintiffs favor at trial, COULD the plaintiff win? If the answer is yes, then summary judgment is inappropriate and the case needs to go to a jury.

    If summary judgment were successful, then the case would have been over, so that's great for the plaintiffs. But all it really gets them is the ability to bring their case in front of a jury.

    Of course, who knows what a jury will do? If they believe the school's version of events, the school will win, if they believe the parents', then the parents will win. It all hinges on what the jury believes the was the principal's intent when she made that report.

    It's definitely an interesting case from a trial strategy perspective. Basically I think the plaintiffs will have a better chance to prove retaliation if they come across as unrelenting and over the top in their advocacy for their daughter since a polite "I'd like to test in the classroom" doesn't seem like it would drive a principal to retaliate by filing a DCS report.

    On the other hand, the school district would be best served to make the principal sound thick headed and completely ignorant as far as diabetes is concerned. Because the dumber she looks to a jury, the more likely the jury will believe that she wasn't doing it out of retaliation, but rather out of complete ignorance and as a result of that ignorance, concern for the child's heath.
     

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