Hi folks. After several years of trying to get reasonable IEPs out of my daughter's school district on our own, her mother and I have realized we need an advocate. So we hired one, informed the district she would be accompanying us to the IEP, and told them they could share information with her. So of course the district is turning to their legal reps. And here's where it's gotten weird already.
The resource specialist apparently came into the classroom yesterday to take pictures of my daughter "for a powerpoint presentation at the IEP." Well for what we are paying this advocate by the hour, we don't want a powerpoint presentation about our daughter as part of the IEP meeting. Let's just get down to business.
Today the resource specialist came back to the classroom to take pictures of our daughter. We had told her 1-1 aide yesterday after hearing about the pictures that we don't want the powerpoint so there wouldn't be any need for pictures. The resource specialist apparently said that the pictures aren't for us, they're for another person at the meeting who doesn't know our child (I can only presume that means the district's lawyer - everyone else on the team knows her well from working with her) and that "it's not our [the parent's] choice whether they present pictures at the IEP."
Now excuse my french here, but what the f*ck!?!? We don't have a choice about whether there's pictures of our daughter and whether we have to pay our advocate to sit through a powerpoint of some kind instead of discussing assessments, goals and services?
So, is it legal for the district to take pictures of our daughter? Does the district get to set agenda items for the meeting without our consent? Obviously I shall bring these issues to the attention of advocate (hopefully tomorrow), but all of this just went down today and I am quite baffled. Any help would be appreciated.
Thank you.
The resource specialist apparently came into the classroom yesterday to take pictures of my daughter "for a powerpoint presentation at the IEP." Well for what we are paying this advocate by the hour, we don't want a powerpoint presentation about our daughter as part of the IEP meeting. Let's just get down to business.
Today the resource specialist came back to the classroom to take pictures of our daughter. We had told her 1-1 aide yesterday after hearing about the pictures that we don't want the powerpoint so there wouldn't be any need for pictures. The resource specialist apparently said that the pictures aren't for us, they're for another person at the meeting who doesn't know our child (I can only presume that means the district's lawyer - everyone else on the team knows her well from working with her) and that "it's not our [the parent's] choice whether they present pictures at the IEP."
Now excuse my french here, but what the f*ck!?!? We don't have a choice about whether there's pictures of our daughter and whether we have to pay our advocate to sit through a powerpoint of some kind instead of discussing assessments, goals and services?
So, is it legal for the district to take pictures of our daughter? Does the district get to set agenda items for the meeting without our consent? Obviously I shall bring these issues to the attention of advocate (hopefully tomorrow), but all of this just went down today and I am quite baffled. Any help would be appreciated.
Thank you.
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SF Bay Area
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Unsu...
Re: Photographs at School?
Fri, March 9, 2007 - 3:09 AMYES ! The school is breaking the law there . Did you ever sign a release telling the school it's ok to take pictures ? Call your school superintendent today ! What state do you live in ? -
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Re: Photographs at School?
Fri, March 9, 2007 - 9:45 AMWe're in California, Berkeley to be precise. And no, I don't remember signing any such release. Thank you.
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Re: Photographs at School?
Fri, March 9, 2007 - 10:35 AMI do not not know how much legal right the school has to take photos of your child to be used by their legal department. This is a good place to start looking, though:
www.wrightslaw.com/
One thing we've found to be effective is to bring our boy to the meeting, even if it means he's out of school for an afternoon. One, it eliminates the variable of "not even knowing what the child looks like" (as though that had ANYTHING to do with it), and two, it brings home just how your child is, how demanding they are, how isolated they are, what behaviors they exhibit... etc. We have found that bringing our boy to the meeting really brings home how he is, what he needs, his strengths and weaknesses, etc. -
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Re: Photographs at School?
Fri, March 9, 2007 - 11:00 AMI totallly agree with ђελŧђεr. I'm not a parent of a special-needs child, but I used to be a service provider for a couple different school systems and I can't tell you how many times I was at an IEP meeting that degenerated into a forum for everyone's own beliefs, opinions, special interests, etc, which had little or no bearing on the child in question. It's nice to remember that the meeting is about a human being who has needs that may not be met in his/her particular environment. When the child is there, it really makes an impact on discussions and decisions. -
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Re: Photographs at School?
Fri, March 9, 2007 - 1:15 PMToday they took pictures of her in her stander *while she was taking a test*.
I am so frustrated I could scream. -
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Re: Photographs at School?
Fri, March 9, 2007 - 1:34 PMthe nerve to take photos after you made your feelings clear,geez....legal or not it's just bloody rude!
i hope someone gets in huge trouble for that, and that it doesn't ever happen again.
here in canada,schools(or anyone else) legally,they have to have written consent from the parents(guardians) to photograph children for any reason. -
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Re: Photographs at School?
Fri, March 9, 2007 - 8:11 PMthey have to have permission here too - it's usually part of the school registration packet (check a box next to yes or no, then sign below) but they cannot (legally) take pics without a signed release! Tim I'm so glad to hear you're working with an advocate - sounds like you may have an uphill battle on your hands.
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Re: Photographs at School?
Sat, March 10, 2007 - 11:15 PMHi. I live in California also and I know it is illegal for them to take pictures like that. My daughter's teacher has to have a signed release every time she wants to take a picture. She teaches other teachers as well, and since she and I have a good reaationship and I trust her, I've allowed her to take pictures of she and my daughter for the purposes of her workshops. Each time she wants to take a picture, she needs a new release. New day, new picture, new release. I also have a friend who is a photographer and she says she also has to have a signed release for every "event." Even if it's the same person, she gets another release. ESPECIALLY if the person she's photographing is a minor. Hopefully your advocate will be able to stop the "powerpoint" at the IEP and demand to see a release. Otherwise, get a lawyer.
One more thing. Always document everything. You can't just tell them, you have to write it and send it to them. Write that you don't want pictures taken of your child. If everything has been verbal, you can still back it up by keeping track of the time and date and who exactly you spoke to. Having it in writing is better, but I know a mom who won a lawsuit simply because she kept track of every conversation, including phone calls. The school didn't.
Good luck. -
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Re: Photographs at School?
Thu, June 7, 2007 - 10:01 AMI'm in SF, she school is full of shit...go to www.aboutautismlaw.com
David Sherman practices in California and is very, very good. My husband and I used him.
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Unsu...
Re: Photographs at School?
Sat, March 17, 2007 - 1:34 AMThat's soooo not cool. My son has never had any pictures taken without my permission. they HAVE to send a permission slip home to be signed. Nor have they ever needed pictures to do an IEP on my son, and hes had IEP's since I started him in school @ 2 and a half....he's now 9. I think its total BS that you would even have to have an advocate present...Dont you usually need an advocate when you're faced with a hostile type of situation and need backup?? Doesn't make alot of sense to me...I didn't think IEP's were supposed to have that vibe. YOU are supposed to have the final say about what goes on with YOUR OWN child, RIGHT? RIGHT!! -
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Re: Photographs at School?
Mon, March 19, 2007 - 6:16 AMYes, the IEP is *supposed* to be all about your kid, but as we all know, things don't always work out that way. I think it's a good idea to have an advocate with you if you feel that the IEP has become a hostile environment, to let the school district know that you're not screwing around, and you won't let them bully you. That you know your rights and you will get what your kids needs, not just what the school thinks they can get away with.
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Unsu...
Re: Photographs at School?
Sat, March 10, 2007 - 4:15 AMBridget,
Thank you , how wonderful an awareness coming from a professional. People seem to want to insert their own agenda's into a person's life they know nothing about. BRAVO ! I just wanted to tell you I like your thinking.
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Unsu...
Re: Photographs at School?
Sat, March 10, 2007 - 4:12 AMWe have always included our son in the meeting process, because of the factors you just mentioned and it eliminates Matt's frustration of feeling like we are making decisions without him, after all it is his education ! Also for Tim schools are under the privacy / confidentiality act just like other institutions that hold info about individuals . If you did not sign a release they can not take pictures . The best thing is to for one stay calm, (as difficult as it may be because schools can do such ridiculous things) call the Principal or guidance officer and ask about the release issue. If you want them to stop tell them. My son with AS is 16 believe me we I have been through it all !!!!
One year Matt was part of a grant study and they took pictures and video, BUT , they did have us sign a release.
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Re: Photographs at School?
Sat, May 5, 2007 - 7:47 AMHere in Texas, the schools have to notify you if your child's face will be in a picture of any kind. Even if they go on a field trip, they make sure you know the teacher might take pictures of the kids. If they are going to take pictures of my son, I have to sign saying I'm ok with it.
You should ask to see the consent form, giving them the right to take your child's picture. To go & do it again & again after you have said stop is against the law here, not sure about California law. Heads would roll.
Heather, I like your idea about taking the child with you to the meetings, I'm going to do that, not only at the next IEP, but also his ARD. They tend to forget, these are children needing help & it's not about the school or money or who it will put out in the school.
Good luck Tim. -
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Re: Photographs at School?
Sat, May 5, 2007 - 7:51 AMI didn't read all the way down the page, sorry I was repeating what every one else said.
Good luck anyway.
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Re: Photographs at School?
Thu, May 10, 2007 - 8:36 AMre: taking kids to the meeting
Totally depends on the kid. With my oldest we bring him in for the second half of the meeting when we talk about mods, schedules, etc - used to try to have him there for the whole thing, but it was too unsettling for him to hear everyone "talking about him" ie reading test results, teacher reports, etc. My youngest will neither participate or sit quietly at this point, so she doesn't attend her meetings.
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Unsu...
Re: Photographs at School?
Wed, June 6, 2007 - 5:41 PMThey have to get (((written)))consent if your child is a minor for taking photos or filming it.
I am not sure why you had to hire an advocate when the reginal centers have case workers, social workers as well as legal counsel availible to its consumers. You have a choice as to whether you want a power point or pictures taken.
The district will take the annual photo for records but they can only take pictures if the parents give prmission or the child has been the victum of a crime . Then the police will photograph for evidence.
Your child has a right to be at the meeting for that matter.
They might set the agenda but when it comes down to the end of the meeting there is a place to sign if you agree and if you do not agree you can have another meeting or amend what you want to the IEP goals -ask the school for your rights it is a paper and you can read up before the meeting if you want.
If the need the technical name just ask and I will look it up.
Overall something to keep in mind is the professionals are very good about giving the child more than what a parent might realise and by a parent taking complete control over it you might miss out on a few things.
Just let them set it up and follow through with it because in the end you can change what you don't like and add what is missing.
