SCHOOLS/PUBLIC/PRIVATE/HOME-CASELAWS/MIRANDA/FORMS

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Dazeemay
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SCHOOLS/PUBLIC/PRIVATE/HOME-CASELAWS/MIRANDA/FORMS

Postby Dazeemay » Sun May 28, 2006 3:47 am

http://www.wrightslaw.com/info/ferpa.index.htm

http://www.wrightslaw.com/info/ferpa.index.htm

Privacy, Education Records, FERPA
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The Family Education Rights and Privacy Act (FERPA) is a federal statute. The purposes of FERPA are twofold: to ensure that parents have access to their children's educational records and to protect the privacy rights of parents and children by limiting access to these records without parental consent.

FERPA deals with:
access to educational records
parental right to inspect and review records
amendment of records
destruction of records
FERPA applies to all agencies and institutions that receive federal funds, including elementary and secondary schools, colleges, and universities. The statute is in the United States Code at 20 U.S.C.1232. The regulations are in the Code of Federal Regulations at 34 C.F.R. Part 99.

References: Wrightslaw: Special Education Law, 1st Edition, pages 283-287, 34 C.F.R. Part 99, pages 289-299.

FAQs & Articles
FAQs about FERPA. Parents have a right to inspect and review all education records relating to their child. Read this article to learn the basics: definitions of education records, parent rights to inspect and review, test protocols and answer sheets, when records may be disclosed and to whom.

Confidentiality: Who Should Have a Copy of the Child's IEP? Answers to questions about records and confidentiality.

Privacy: Child Suspended, School Refuses to Provide Video. The school suspended a child because of behavior that was documented on a video; now refuses to allow parents to see video, citing privacy issues for other students. What can the parents do?

Resources
Frequently Asked Questions about FERPA - this publication from the U. S. Department of Education will answer many of your questions about rights and responsibilities under FERPA. For example FERPA defines "directory information" as information contained in a student's education records that would not generally be considered harmful or an invasion of privacy if disclosed.

Model Notice for Directory Information - FERPA requires school districts (with certain exceptions) to obtain your written consent prior to the disclosure of personally identifiable information from your child's education records. However, the school district may disclose appropriately designated "directory information" without written consent, unless you have advised the District to the contrary. Learn more.

FERPA Memorandum: Access to Test Protocols and Answer Sheets. In 1997, the the Family Policy Compliance Office of the U. S. Department of Education issued this memorandum about the parent's right to have access to their child's test protocols and answer sheets. The parent's right to "inspect and review" education records includes test protocols and answer sheets. FERPA does not create an exception for "copyrighted materials."

Caselaw
Falvo v. Owasso Indep. School District. In October, 2000, the U. S. Court of Appeals for the Tenth Circuit found that allowing students to grade one another's papers violated the Family Education Rights and Privacy Act (FERPA) because grades are "education records" that cannot be released to others without parental consent.

The school district appealed this decision to the U. S. Supreme Court. The citation was is Owasso Independent School Dist. No. I-011 v. Falvo, 122 S.Ct. 934, 534 U.S. 426.

REVERSED: On February 19, 2002, the U. S. Supreme Court reversed the U. S. Court of Appeals for the Tenth Circuit and held that peer grading does not violate FERPA. (534 U. S. ____ (2002))

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Copyright © 1998-2006, Peter W. D. Wright and Pamela Darr Wright. All rights reserved
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

Postby Dazeemay » Sun May 28, 2006 3:51 am

http://www.deltabravo.net/custody/agreement.htm

Confirmation Of Understanding/Agreement


Use this letter to formalize any verbal agreement with any school staff or officials. This will provide a written record of any discussions you have with them, and also places them on the record. Modify this letter as required to suit your particular circumstances, then send it 'Certified' and 'Return Receipt Requested'. Send a copy to your attorney and also keep a copy for your records.




--------------------------------------------------------------------------------
CONFIRMATION OF UNDERSTANDING/AGREEMENT


(Date)
Certified Receipt Number: (insert number here)

TO: (Name of person you have the agreement with)
(Address of School/office etc.)
City, State, Zip

RE: Our discussion on (date you had contact with them)


Dear (name of person):

As discussed in our ("phone conversation," "meeting," etc.) on (date and year it took place). I wanted to clarify what we had agreed upon and make certain there were no misunderstandings.
(Insert the agreement or part of conversation you want recorded here. Use as much space as needed, but be clear and concise. Give a short summary of what was discussed and what agreement was reached.)
Thank you in advance for your time and assistance. If you have any questions or need clarification, please don't hesitate to contact me.

(Parent Name)
(Parent Signature)
(Address)
(Phone number)


cc: (name of the person's superior, e.g.: if you are writing to the principal, cc it to the superintendent; if your memo is to a teacher, cc it to the principal)
Parent's attorney




NOTE: Mail this Certified and Return Receipt Requested, and make sure to put the Certified Number at the top of the letter.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

SCHOOLS CAN SET THEIR OWN POLICIES

Postby Dazeemay » Sun May 28, 2006 4:02 am

The high school that our granddaughter goes to have written a policy stating how police or any others are to approach a student. Of course cps disregarded it and went through the back door. Here is something I found and I think sedwards sent it to me, but I only copied it and forgot to link it. I will look for the link and post it when I find it.

Juvenile Law


Question of Law articles are written to provide general legal information concerning the covered topics. They are not meant to take the place of specific legal advice provided by an attorney in each individual situation. Note that information in the articles is current as of the date of publication, but may have changed over time. The reader should, therefore, verify the accuracy of the information contained herein.

If you need a referral to an attorney, the NHBA Lawyer Referral Service is available to assist you. For more information, call 229-0002 or email [email protected].



INFO CURRENT AS OF 06/05

QUESTIONING A MINOR

QUESTION: My child is a high school student. There have been some drug-related issues going on at the school. The local police are investigating. Recently, my child was questioned by the police without my permission or knowledge. Are the police allowed to question a minor without a parent's consent?

ANSWER: The key to answering this question is the word "allowed." There is no state or federal law which prohibits police from questioning a minor without parental consent. However, individual schools are free to adopt policies which would require parental consent prior to allowing police to question a student who is at school. Whether or not to have such a rule is completely up to the school.
Individual police departments may also adopt policies that forbid questioning of minors without parental consent. Neither the Manchester Police Department nor the Concord Police Department have any such policy. Instead, they proceed on a case-by-case basis, sometimes seeking parental permission prior to the questioning of a juvenile and sometimes not. However, there is nothing forbidding them from questioning minors without parental consent.

Another aspect of "allowed" is whether or not statements obtained from minors during interviews conducted without parental consent can be used against minors in court. The New Hampshire Supreme Court last dealt with this issue in 1985. In the case of State v. Philip Benoit, the defendant asked our Supreme Court to adopt the "interested adult" rule. Under that rule, no juvenile can be deemed to have voluntarily, knowingly and intelligently waived his or her privilege against self-incrimination and his or her right to counsel (the typical Miranda warnings) without first being provided the opportunity to consult with, and have present at interrogation, an adult who is informed of the juvenile's rights and is interested in the juvenile's welfare. At the time the Benoit case was decided, several other states had adopted this rule, including Indiana, Louisiana, Missouri, Vermont and West Virginia.

After careful consideration, the New Hampshire Supreme Court declined to adopt the "interested adult" rule, citing that such a rule "would result in onerous financial and administrative burdens which are unwarranted, given the protective and rehabilitative philosophy of the juvenile justice system." The Court went on to state that our State Constitution does not require such a rule. Although New Hampshire did not adopt the strict "interested adult" rule, the Benoit case did underscore the fact that minors fall within a very different category than adults when being questioned by the police. Our Supreme Court said that "the greatest care must be taken to assure that children fully understand the substance and significance of their rights." The Court went on to set out some important guidelines for the police to follow when questioning minors. These guidelines can be best thought of as explaining the usual Miranda warnings (You have the right to remain silent, you have the right to an attorney", etc.) in language understandable to a child.

By way of example, according to the regular adult Miranda warnings, a person being questioned need only be told, "You have the right to remain silent." According to the child-oriented Benoit warnings, a child must be told, "You have the right to remain silent. This means that you do not have to say or write anything. You do not have to talk to anyone or answer any questions we ask you and you will not be punished for deciding not to talk to us."

In order to encourage the use of these simplified Miranda warnings, our Supreme Court said that if a juvenile is not given a statement of his rights in the simplified fashion, the Court will presume that the explanation of the juvenile's rights was inadequate. This means that the police will not be able to introduce the juvenile's statements against him or her in court, just as if he or she had never been read their rights.

As can be seen, there is no law or rule which prohibits minors from being questioned by police without parental consent. However, when dealing with juveniles, the police must use the simplified and especially thorough explanation of the child's rights contained in the Benoit case. Also, schools and local police departments are free to create and enforce their own policies which would require such parental notification and/or permission before any questioning could take place. And of course, parents are free to instruct their children not to speak with police unless a parent first gives permission. No person, and especially no child, is legally required to speak with the police.

Answered by Attorney Nicholas Brodich
Moir & Brodich, P.A., Concord
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

CASE LAWS FROM VARIOUS STATES ON HOMESCHOOLING

Postby Dazeemay » Sun May 28, 2006 4:03 am

**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

HOME SCHOOL LAWS IN EVERY STATE

Postby Dazeemay » Sun May 28, 2006 4:05 am

**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

SCHOOL FORM LETTERS AND REVERSE MIRANDA CARDS

Postby Dazeemay » Sun May 28, 2006 4:08 am

**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

REGULATIONS FOR PRIVATE SCHOOLS COVERS ALL STATES

Postby Dazeemay » Sun May 28, 2006 8:32 am

**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

Marina
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Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

in loco parentis

Postby Marina » Tue May 30, 2006 6:23 pm

in loco parentis

I have seen the term 'in loco parentis' used in connection with these school issues. Maybe a search of your state's government website for 'in loco parentis' + school would lead to discussions about state policy.


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