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Old 03-25-2011, 06:52 AM
 
656 posts, read 1,990,416 times
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My child attends an elementary school in NC. I cannot seem to either ask the right questions or get the principal of the school to understand what I am wanting.

My son has been dealing with a bully at school for months and when my son retialiated against the bully last Friday which was a football tackle, the school says there is no written documentation of the incident. I even asked for a copy of the written incident and the principal tells me that there is no incident report added to my son's file. I can't get her to understand that I don't care if it was added to his file or not, I want a copy of it.

Can anyone help me understand why, when I ask for the written report of the incident, the school says they don't have it?? Then, when I asked for a copy of my son's file (which I am thinking should include the incident) the principal tells me that they do not have any information regarding the incident in my son's file????

Any help would be so appreciated.
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Old 03-25-2011, 07:01 AM
 
43,011 posts, read 108,004,288 times
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If the incident is in the other child's file, you can't access it.

If you want to ensure written documentation of the incident is in your son's file, write a letter documenting the incident and send it certified mail to the principal.

I guarantee your letter will get filed in your son's file.
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Old 03-25-2011, 07:41 AM
 
Location: Rogers, Arkansas
1,279 posts, read 4,769,664 times
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How do you know of the incident? Maybe it was so minor (no injuries etc) that no incident report was filed?

I would think you'd have a right to see his file though, even if all it contains is his grades.
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Old 03-25-2011, 08:40 AM
 
Location: In a house
13,250 posts, read 42,766,126 times
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Similarly to HIPAA medical laws, confidentiality of a child's school files is protected by law. You have the right to -see- your child's file. You might not have the right to make copies of it. You'd have to check on that. They must allow you access to the file, but they can also require that a school official be present when you look at it, and they can also require that viewing the file be done between school hours, in the confines of certain offices (so that mothers of OTHER kids can't pass by and "just happen" to see what you're looking at).

If there is no incident reported in your child's file, then as far as the school is concerned, the incident did not occur. If your child was disciplined for his behavior, then there MUST be something in writing in his file about it. Suspensions, detentions, being required to stand in the corner, going to the Principal's office, any of that MUST be documented.

If there was no action taken against your child for tackling the other kid, then there might not be anything in your child's file. If you want something documented, that isn't currently documented, you have to let them know this, very specifically. You're asking for something they are claiming doesn't exist. And so, instead of insisting over and over again that you get something that doesn't exist, you need to ask them to create something - and THEN let you have access to it.

Last edited by AnonChick; 03-25-2011 at 08:41 AM.. Reason: edited because I can't spell incident right d'oh!
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Old 03-25-2011, 08:57 AM
 
656 posts, read 1,990,416 times
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Quote:
Originally Posted by AnonChick View Post
Similarly to HIPAA medical laws, confidentiality of a child's school files is protected by law. You have the right to -see- your child's file. You might not have the right to make copies of it. You'd have to check on that. They must allow you access to the file, but they can also require that a school official be present when you look at it, and they can also require that viewing the file be done between school hours, in the confines of certain offices (so that mothers of OTHER kids can't pass by and "just happen" to see what you're looking at).

If there is no incident reported in your child's file, then as far as the school is concerned, the incident did not occur. If your child was disciplined for his behavior, then there MUST be something in writing in his file about it. Suspensions, detentions, being required to stand in the corner, going to the Principal's office, any of that MUST be documented.

If there was no action taken against your child for tackling the other kid, then there might not be anything in your child's file. If you want something documented, that isn't currently documented, you have to let them know this, very specifically. You're asking for something they are claiming doesn't exist. And so, instead of insisting over and over again that you get something that doesn't exist, you need to ask them to create something - and THEN let you have access to it.
My child was given 2 days of recess suspension (I understand that to be recess supervised by vice principal) and heresay says the other child was put given in-school-suspension for one week. Understand that when this kid taunted my child and then deliberately tripped him, my child then retaliated and football tackled him. Then this child grabbed my son, threw him on the ground, and kicked his head. 2 other kids got involved with getting the "bully" off of my son and the "bully" then punched one of the other kids in the eye. Yes, my son was injured with grravel and scratch marks, and yes the child punched in the eye was injured but stayed at school - my son did not.

I am not asking to see ANYTHING in the other child's file I am simply asking the school to provide me a copy of the incident report. I want it because I plan on taking this further since the school has had multiple in-school-suspensions of the "bully" but yet this kid still comes back over and over again and distrupts class, harasses kids in the class, and impedes their learning. I have documented all of this to the prnicipal, teacher, school counselor, and the district superintendent.

I understand HIPPA laws (I work in medical) I am just trying to figure out why no incident report is written and why the principal is unwilling to give me something that it seems by law should be documented. I am not trying to "bully" the school I am just trying to get a copy of something that I believe as a parent I am entitled to have short of going the legal route which is not my plan.
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Old 03-25-2011, 11:06 AM
 
Location: Rogers, Arkansas
1,279 posts, read 4,769,664 times
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Hrmm.. that does sound like they are behaving oddly then. I know in my kids school (only a playschool), whenever there is an incident involving injuriy- even a minor scratch- we have to sign a form to acknowledge we were told.
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Old 03-25-2011, 11:32 AM
 
43,011 posts, read 108,004,288 times
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You're missing an important point made by Anonchick: semantics. You are calling it an incident report. Clearly they call it something else. They're not going to give you anything until you ask for it in a certain manner. Yes, they are playing games. No, you won't get it until you learn how to play the game. You need to find out what "incident reports" are called in your school district. If there is no "incident report" by that name or another name, you need to ask them to WRITE one.

My point is that you need to put any request in writing. There is no proof you asked if you ask verbally. When you put something in writing. you get action.
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Old 03-25-2011, 01:01 PM
 
Location: In a house
13,250 posts, read 42,766,126 times
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Quote:
Originally Posted by Hopes View Post
You're missing an important point made by Anonchick: semantics. You are calling it an incident report. Clearly they call it something else. They're not going to give you anything until you ask for it in a certain manner. Yes, they are playing games. No, you won't get it until you learn how to play the game. You need to find out what "incident reports" are called in your school district. If there is no "incident report" by that name or another name, you need to ask them to WRITE one.

My point is that you need to put any request in writing. There is no proof you asked if you ask verbally. When you put something in writing. you get action.
I never even brought up the notion of seeing the other kid's file. I am referring to YOUR child's file. You, the parent, have the right to SEE your child's file. This does not mean you have the right to have copies of it. It means you have the right to view them, IN the school, IN an office. You MIGHT also have the right to copies of the file, however the school MIGHT have the right to charge you for each page of that file. This is dependent on your state's privacy laws. Furthermore, any request to copies of the file, or anything in it, PROBABLY must be made in writing.

So asking the school office for copies of the incident report will probably fall on deaf ears, because:
1. you're asking them to send you copies, when they don't have to - they only have to let you see the originals, in the school's office.
2. you're not putting your request in writing.

You are also assuming that there -is- an incident report. It's possible that there isn't one. I don't know why there wouldn't be one. There SHOULD be one. But you aren't asking them the right question. You are asking them for a copy of the incident report. They are telling you they don't have one. When you submit, in writing, a request that they MAKE an incident report, AND provide you to access with that report, then they will have to do something about it. Until then, they can keep telling you there isn't one, because you are asking them for something they're telling you they don't have.
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Old 03-26-2011, 07:08 AM
 
Location: NC
1,695 posts, read 4,673,430 times
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i am in franklin county, NC and here they do call them incident reports.

my daughter used to come home with them all the time- any time she fell on the play ground or tripped over someones shoelaces - and half the time i also got a call from the teacher to tell me (though this was in early elementary- either they dont do them as much in upper elem and middle or shes not as clumsy)

try contacting your countys board of education and making nice with someone there (start with the receptionist) see if you cant figure out what 'they' think you should call it.

Also, I would *think* that you can request ANY incident to be given a report - I would have a conference with the teacher and principal to see about arranging this.
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Old 03-26-2011, 08:40 AM
 
Location: Eastern time zone
4,469 posts, read 7,191,970 times
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Quote:
Originally Posted by kwalk65 View Post

I understand HIPPA laws (I work in medical) I am just trying to figure out why no incident report is written and why the principal is unwilling to give me something that it seems by law should be documented. I am not trying to "bully" the school I am just trying to get a copy of something that I believe as a parent I am entitled to have short of going the legal route which is not my plan.
Three things:

First, if you work in a medical field, your expectation of documentation is probably different than that of the schools. When talking with other parents in my role as a special needs advocate, I can guarantee that the people most disappointed by educational documentation are nurses. There simply may not have been an incident report filed, whether it should have been or not.

Second: document everything yourself. EVERYTHING. And keep a copy of it in a file drawer. Sick day excuses, disciplinary notes, emails to the teachers. Chances are good you'll never need that documentation-- but if you do, reconstructing after the fact is a bad idea.

Third: at least in this district, children have two files. There's the file with the usual-- grades, end of year test scores, etc. And then there's the "red file" (which isn't metaphorical, it's really red) which contains copies of EVERYTHING, including the note the teacher sent home in first grade about Johnny picking his nose in math class. I don't know if your district has an equivalent, but it's worth asking for. (And yes, they can require that you read it in the office, or in a conference room, or wherever, but as the legal guardian of a minor child they cannot deny you from photocopies-- though they might well try. School office staff are not necessarily well versed in legalities.)

Last edited by Aconite; 03-26-2011 at 08:43 AM.. Reason: apparently, I can't count
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