Can the school test my child without my consent?

Question

I'll start with the basics first. My son is 7 years old, in the first grade. An only child until February of 2007.

Sometime around the end of last year/beginning of this year, my son's teacher told my husband and I during the first parent-teacher conference of the school year that she wanted us to consider having our son tested for ADD/ADHD. She said that she noticed that he could be hyperactive at times, and sometimes appeared to have difficulty in concentrating or staying focused on a task, so she was concerned that it would effect his academics later on. We agreed and he was tested at school.

The test results came back (T.O.V.A., I believe), and from what we were able to gather from the results, he tested in or above the "normal" range . The test facilitator said that how he tested did not indicate ADD/ADHD, but did say that it was possible that he was simply a gifted child, but bored with his studies.

A few months later (end of February/beginning of March), my son's teacher called me at home to tell me that she was still concerned with my son's hyperactivity and his bouts of inattentiveness. She said that she wanted to have him tested again, because she felt that his test scores were not an accurate representation because he was sick at the time he tested the first time. I told her that I felt that perhaps it was a little too soon to have him tested again--largely because he said that he felt that he was being tested because he was "stupid" or something was "wrong" with him--but I told her that I was willing to have him tested again towards the end of the school year or at the start of the next school year if issues persisted.

Answer 1

NOOOOOOOOOOOO!!! In my state at least, this is illegal.  Ask for the test results in writing so you can take them to your physician (wink, wink) before going off so you have some proof.  I'm not sure what's going on with the TOVA- never heard of it, but the Connor's should have a parent portion anyway.  I don't if they were doing a screening just to have data or if they carried it through to actual results, but they shouldn't have passed that along to you. There are some roundabouts about screenings, but if the IEP team is involved, I'd think it was illegal.  When you ask for written test results, also ask what other tests they think they will administer.  To prove your point, ask for a full evaluation.  An IQ test would automatically be included in that.  A high IQ result would prove your point.

Answer 2

You bet they can. And thank goodness someone there showed the common sense that you seem to lack!

Answer 3

I don't now why you would be so upset when they are just trying to help your child.  In matters like this, it is not good to put things off.  I would be thankful and take the measures needed to help your son.

Answer 4

Your son should not have been tested without your consent.  ADHD is a condition that should be determined by a TEAM of professionals, including you.  ADHD does not automatically give your son an IEP either. A 504 Plan is often used for students with medical conditions and is not in the realm of special education.  The school cannot determine if your child is ADHD, it is up to you and a medical doctor, psychologist, teachers...etc...

Answer 5

I beleive the Connors is just a rating scale-a rating of the teachers observatoins-not an actual test-

it may jsut be considered a standardized teachers note on behavior

at the very least it is unethical fro teh school to do it without asking you orlettign you know--

the consent you gave may be good for a year

Answer 6

First of all, I want to say that I wish there were more parents like you that are actively involved in their children's educational and behavioral needs.  I would guess that at least some of his behaviors are due to the new addition to the family.  That happens to some degree with all children, but especially so with those in pre-k to about 2nd or 3rd grade.  I can also relate to your son's anxieties.  I how your child knew anything was going on in the first place, though.  I give Conners all the time, and the children most of the time don't know that the scales have been given, since they go to the teacher and/or parent(s).  To close, it IS illegal for testing to be done without your consent.  The Conners scales, however, do not fall under that umbrella because they are not considered to be formal testing, just a "screener."  They are very helpful to practitioners in making a diagnosis, but ADHD is a medical diagnosis and several other factors come into play when that decision is being made.

Answer 7

Does this teacher have a history of having gifted /disabled children removed from her class?

Maybe the lazy cow wants the test done so she doesnt have to answer his questions.

Claiming kids with Aspergers or Dyslexica or ADD are disruptive cos they ask questions is in my view and personal experience a teacher copout!

Answer 8

Wow. No a school can not test a child without your approval.

When I was in first grade my teacher told my mom that she thought I was retarded and for her to have me to be tested. The test came back that I was NOT I repeat NOT retarded. However, the Dr's opinion was I may be slower then some students. That was in 1981. When I was in 7th grade through the 10th grade I was placed in Special ED classes. Only to be repeating the same stuff over and over. I got very board with it and just quit school in the 10th grade.

In 2005 I went for my G.E.D I never told them I was in Special ED classes because I wanted to see what my grade point adverage was and I didn't want them to looked down on like most people who are put in those classes are. Anyways my test result said that I had a 12th grade level in most of my subjects but one and that was English. I was at a collage level. The teacher told me I needed to refreshen my memory on a few things. I looked at my teacher and asked how can I have be at a 12th grade level when I dropped out of school in the 10th grade, being in spacial ED classes for a few years and with an eight grade education? That is when she told me I should of NEVER been put in those classes and why I got board was because my mind wanted to grow not repeat repeat things over and over.

Now that I have kids and my mom is raising two of them for me (due to illness with my back) my mom told me that my 9 yr old daughters teacher wanted to put her in Speacal ED. I told me no but He!! no. All because of the above. I told her to wait give it a year or so then we will talk.

Now my daughter is in the 3rd grade making A's and B's in regular classes. I told my mom some teachers are to quick to  pass judement and not give the child a chance. I will NOT ever let the school system or anyone lable my children like they did me.

This is something to think about.

I hope it helps.

Answer 9

I don't know if they can legally, but i think you should say "thank you" to them for caring so much.

Answer 10

The school can have a child tested without the parent's consent, but they have to go through special procedures to do it- the teacher cannot do it on her own. She must consult the principal and others and I believe they may have to consult the legal team.  Because your son had recently been tested and you verbalized your agreement to have him retested again at the end of the year, it sounds to me that they did not have grounds to retest at this time.  In addition, a school/school personnel CANNOT diagnose a child with ADHD...no matter how frustrated this teacher is, only a medical dr. can actually make the diagosis and recommend treatment.  Therefore, whatever these 2 CONFLICTING reports state, you must have an outside dr. make a correct diagnosis and recommend proper treatment.  The special education laws are the Federal IDEA laws- check out their website- it covers when and how kids can be tested, what parents have to be told, what a school can legally do, what a school must legally do, etc. It couldn't hurt to consult an education rights attorney to make sure your child's rights are not being violated.  I would also check into having an outside agency do a FULL EDUCATIONAL evaluation on your son...it seems that they are focusing on the behavior...it was suggested he may be gifted and therefore bored, yet they did not pursue this to detrmine if it were true.  In most cases if you disagree with the school's evaluation, you make the school pay for the IEE(Inedpendent Educational Evaluation).  The IEE will not be biased and will determine your child's exact behavior issues (if any) in additon to his intellecutual abilities.  Put everything, requests and letters,etc in writing to document what you ask for and what you agree/don't agree to. You are trying to do what's best for your child and shouldn't feel bad for standing up for what you think is right- you know your child better than any one.  You stated that he was showing negative signs from the testing...this is not appropriate and needs to be addressed. Good for you for questioning the school and not just going with the flow.  Most of the time the school acts in the best interest of the child, however, they should work "with" the parent to meet the child's needs...it sounds as if this teacher has tried to control the situation and take the power away from you.  This is not a way to work as a team to give the child what is in his best interest. Check out the IDEA laws and think about consulting an attorney if the school will not listen to your concerns.  Go directly to the principal, not the teacher with your concerns as she seems unwilling to take your concerns seriously.  Good luck and i applaud you for standing up for your child's educational needs.

Answer 11

It actually sounds like you got some pretty good advice from some of the ones who answered you.  In Texas, and that's all I can tell you about, a teacher can tell you what she experiences in the classroom, and she can ask if you've noticed the same behavior but she CANNOT reccommend that you have your child evaluated by a doctor for ADHD -- and a doctor is the only one who can make that diagnose.  There is no test that can be given at school to determine that.  No test to determine if your child needs special education can be given without your consent.  The  Conner's Rating Scale can't be called a test.  It has more than 1 part.  The teacher goes through the check list, the counselor observes the child in the classroom and goes through the checklist and a third part is sent to the parent to do the same.  It's to see if all are in agreement.  Without all three parts it's pretty worthless.  You can give permission, if you choose to, for an IQ test and that will settle the question of gifted.  If you question the ADHD ask your pediatrician to refer your child to a doctor in this field, and get the answer once and for all.  I certainly don't claim to know everything, but I've worked in special education for 21 years so I do have some insight.  Good luck.

Answer 12

In most states they have to have permission to test, however, if you refuse to have your child tested then they can hold him to the same behavior standards as any other "normal" students.  I teach at a middle school and have seen children who should have been in special education wind up being expelled because their parents refused to have them tests.  I would have him tested for your state's gifted program, since that was mentioned.  Good luck with your son.

Answer 13

No, they cannot test your child without consent.  However, you need to understand that the school social worker/counselor can administer screening tests for things such as depression and suicide.  Also, you need to know that school cannot "diagnose" students with ADHD/ADD, that is a medical diagnosis.  So info they gathered without your consent is nothing more than a rating scale that says there may or may not be an issue with hyperactivity.  A good course of action for you would be to speak directly with the schools student services director or superintendent, ask that all information from that test be removed from his/her cumulative file and that a letter be placed in the persons personal file (reprimand)  who conducted the test without written consent.  That is a pretty serious offense.

Answer 14

WHOA, lots of law violations here. A school can NOT do testing without parent WRITTEN consent.

And, schools ONLY test to see if a child can qualify for special ed, and they can NOT test for or diagnose ADHD.

Did teacher say WHY she wanted testing done? Was it to see if child has ADHD, or to see if he can qualify for special ed?

A school is NOT legally obligated to  help a child with ADHD  unless he's in special ed or has a 504 plan, anyway.

You wrote - The teacher cited that the test was administered because of "the mother's refusal to allow further testing".

I hope you have this in writing somewhere, either by someone at school or just write it yourself. This is a BIG no no, as well as illegal.

Here's something you can do that will stop them in their tracks--

IF they are doing this testing to see if he qualifies for special ed, write to district sped director and request 'prior written notice' for their reason for  'initiating' the testing, plus their reason for doing it without your permission.

Also ask for a list of qualifications the person has who did this testing, to see if they qualify to diagnose ADHD. They don't.

You can also file state complaints with teh state dept of education IF they are doing this testing to see if he qualifies for special ed. Because, this is a violation of federal special ed law called IDEA.

If you ask for a full evaluation, remember they can ONLY do this eval to determine if child qualifies for special ed services. They can NOT do testing to diagnose ADHD.

And if you do ask for a full eval, you just watch. THey will back peddle and say he has no problems, because lots of schools dont' want to help kids thru special ed.

Lots of people here give me thumbs down when I mention this. but all you have to do is google search for all the horror stories of special ed in public schools all across the USA.

If they say they CAN do testing to diagnose ADHD, ask them to show you written proof of this.  Dont' trust people who are not even qualified to do this.

You can also file state complaints with teh state dept of education IF they are doing this testing to see if he qualifies for special ed. Because, this is a violation of federal special ed law called IDEA.

Since you say he has some learning problems, it could be that he is 'acting out' because he can't understand how to do his work and it makes him frustrated. And this mimics ADHD.

This could be why he acts this way at school and not at home.

Sometimes teachers say the child has ADHD, can't concentrate, focus, lazy, doesn't try, etc because they dont' want the parent to learn the true problem, which is the LEARNING problems

because schools dont' want to help.

The only reason I can think of for this whole thing is they want him medicated so they wont' have to deal with him.

It is ILLEGAL by FEDERAL law for schools to even MENTION meds to parents. So pushing the ADHD issue is their way of getting around this.

If you need help email me [e-mail]

Answer 15

I agree with what was said earlier that they CANNOT formally test and retest without your consent.  At each IEP evaluation, the parent(s) are given their "bill of rights" outlining what can be done, how they can disagree, protest, file complaints.  My 2 sons have been in the special education services since they were both in the first grade.

The Connor's is just a tool for the teacher's, not necessarily a formal test and can be administered, although you are certainly entitled to ask about the results.  

From the time they were both 9, it was recommended that they be tested for ADD/ADHD.  I waited another 3 years, countless counselors, psychologists, tests, behavior and food modifications, to remedy them at home.  Finally, facing retention at the third grade level, I did the formal testing, with my own doctor and psychologist, the right dosage and medication was found for each of them, which took another 6 months.

It has been nothing short of a miracle, how their disorganized thoughts have been brought into focus, their grades came up and stayed at the B levels and even their enthusiasm for learning has formed.

The older one is starting high school this fall and has been slowly brought into mainstream school, he will no longer need special education services and the younger one is starting junior high and is headed on that same route also.

This has been my experience and only you can decide when, where and how your child will be helped , he's not stupid, but don't let them railroad you either, it's better to become intimately acquainted with all of the resources you can, becoming aware and informed will put you on equal footing with those trained to do this.

Good luck.

Answer 16

Perhaps a call to complain to your state's board of education would be in order. Teachers do not get to decide when to test a student for ADHD, especially since the parents decided to wait. This is way out of line.

You are right to get a second opinion and outside consultation. From what  you have stated, it appears that the teacher made up her mind already. When the results from the first test came back suggesting that he was gifted but bored, did the teacher attempt to give him more challenging work? Teachers are supposed to accomodate for gifted children as well as children who are behind.

Good luck.