Dealing with Hostile Parents: Legal Ramifications for Pupil Services Staff

Presented by Dr. Robert Cormany

Dr. Cormany began his talk with a number of personal experiences in dealing with hostile parents. He advises that parents become proactive to being an active participant in their child’s education. He says there are many ways schools and parents can work together in a positive way.
The three premises that he operates under are:

Dr. Cormany also has ten steps for dealing with hostile parents:

  1. Act delighted to see the parent(s)
  2. Taping is okay if it works both ways
  3. If you are nervous, ask your supervisor to sit in
  4. Know your own program
  5. Hostility will gain you nothing – if you find yourself responding in kind, stop and continue the meeting at another time
  6. Think before you speak – it is hard to take back things that are said out of anger or frustration. Remember to apologize if the situation calls for it.
  7. Never question the other person’s sincerity – perception is no less dangerous than the reality
  8. Role play potential confrontations – role play with staff on how to deal with a difficult parents so that staff will be prepared
  9. Never permit vulgarity – Close the session if vulgarity is used.
  10. Write down what was said afterwards – if the issue may become legal, get your ideas down after not during the meeting.

FERPA - The only instance when a natural parent is not allowed access to their child’s records is when a court has issued an order stating that the parent no longer has rights. It is not the school’s responsibility to ask every parent in a specific situation to inquire as to whether or not an ex-spouse has the right to see the records. It is up to the parents to provide this documentation. If you begin askingparents this, you may get parents angry and be dealing with an unnecessary situation.
PPRA (The Hatch Act) – can be used by parents as a weapon against districts. There is a three pronged test to knw whether or not you are in compliance:

  1. Primary purpose is to obtain confidential information on a child or his/her Family.
  2. Uses an experimental procedure 3. Is 100% federally funded

Dr. Cormany gave advice in particular situations such as:

  1. Do parents have unrestricted access to their child’s classroom? No, LEA’s have the power to regulate who goes in and out. The Chief School Officer has access. Parents can’t tape (audio or video) without permission from the teacher and the parents of the children being taped. Access to exceptional children is only required as part of their evaluation/re-evaluation.
  2. Can a parent’s hostility toward the school district affect the child’s placement in special education? The law doesn’t limit what the court can consider.
  3. Can school district refuse to give medication? No obligation under any law wording that requires schools to give medication. State laws may require therefore you would need to follow that law. The school nurse based on school policy can decide if medication should be given at school.
  4. Is parental consent required for counseling to be provided by school staff? No state law requires permission. District policy must be considered and followed. Requiring permission could deter reporting of child abuse/neglect.

Schools can get a restraining order against a parent if they have become a nuisance. One’s right to communicate with the school staff is not limitless. Schools can protect students and staff. Even one threatening incident can be considered harassment.
Dr. Cormany presented a difficult topic with humor, interesting stories and practical advice. The audience was attentive and could relate to the scenarios that were presented. The participants asked questions of Dr. Cormany who gave advice on how to deal with the situations asked about.

Dr. Cormany gave out his contact information and informed the group of the availability of his annotated court cases that are available through NAPSA.