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I was working with a psychiatrist because my childs behavior

 

Customer Question

I was working with a psychiatrist because my child's behavior had change after much bullying at school. The principal has been defensive and ignored the problem until my child's behavior changed at school. I told her I was working with a psychiatrist and she said she tried to reach out to them but he didn't call her back. She threatened me with calling child protechive services and also threatened my child by promising to suspend her if she didn't tell the truth. When I confronted her she said she lied to her when I was trying to help her. I let the principal speak to the doctor and is threatening to send my child to summer school though grades don't merit it. This is a catholic school. I do know there are several complaints against the principal and she is a bully. I was hoping to get my child out of this school and the negativity. So the questions: I verbally gave up my HIPPA because of the threat. Is that truly a threat because I'm concerned and wonder do I have recourse to protect my daughter and myself? I am just looking to protect my daughter from the bullying and the toxic environment. I'm afraid of retaliation if I speak to the diocese but I now need to protect my child and my family. Do I need an attorney? Please help.

 

Optional Information:
Country relating to Question: United States
State (if USA): New York

Already Tried:
I have spoken to a psychiatrist. I have taken my daughter to the doctor where it has been documented that her behavior started with the bullying. I'm preparing to right a letter to the diocese board of ed but I'm afraid that she will retailiate. She done it to other parents. I'm also looking for other schools but it is the end of the year.

Submitted: 363 days and 22 hours ago.
Category: Education Law
Value: $58
Status: CLOSED

Accepted Answer

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Expert:  AlexiaEsq. replied363 days and 21 hours ago.

Hi, and good morning.

With regard to your post:

I was working with a psychiatrist because my child's behavior had change after much bullying at school. I am so sorry!

 

The principal has been defensive and ignored the problem until my child's behavior changed at school. As caretakers of your child, via your contract with the school, that you paid for, they arguably have a duty to keep your child emotionally safe as well as physically safe.

 

I told her I was working with a psychiatrist and she said she tried to reach out to them but he didn't call her back. Of course not - your child enjoys confidentiality.

 

She threatened me with calling child protechive services and also threatened my child by promising to suspend her if she didn't tell the truth.


The truth about what? Being bullied?

Is the pricipal denying any bullying has occurred?

Who is doing the bullying?

 

When I confronted her Who is "her"? Child or principal?

she said she lied to her when I was trying to help her. ???

 

I let the principal speak to the doctor and is threatening to send my child to summer school though grades don't merit it. What does the doctor say the principal said to her?

 

This is a catholic school. I do know there are several complaints against the principal and she is a bully. Why on earth do you keep your child in this school?

 

I was hoping to get my child out of this school and the negativity. Why not do that on Monday? Public school may be better. NY, I believe, is behind the times terribly with education and has not yet delved into cyber public schools, which apparently are far excelling in child education than their brick and mortar counterparts, so that may not be an option if you don't choose to move, but check it out, nonetheless. Eventually NY will be on board with K12 or one of the other major providers. PA is very involved in that.

 

So the questions: I verbally gave up my HIPPA because of the threat. Verbally? There is no verbal, typically. Generally, a release that is HIPAA compliant must be signed.

 

Is that truly a threat IS WHAT a threat? Summer school?

 

because I'm concerned and wonder do I have recourse to protect my daughter and myself? Sure. If the school is breaching its contract with you, by not passing your child this term when his/her grades are of merit, you can sue for breach of contract. You can potentially include a claim for personal injury based on the school's failure to safeguard your child while in school, from dangers such as bullying - I'd take no prisoners. This type of trauma can effect a child forever, both creating an aversion to school (permanently impacting his future education, employment opportunities, etc) and making a depressed, sad, angry mentally compromised person. I'd also consider suing the bully if he has committed a crime - some bullying is a crime, some not. Physical touching is an assault. But words can also be a crime - if they are threats of violence, etc. ALso, if there is discrimination based on race, religion, gender, disability etc., by the buly, the school is responsible for taking action to prevent it once they are on notice.


I am just looking to protect my daughter from the bullying and the toxic environment. I'd get her out, for starters, so you KNOW she is safe. Then I'd have more time and energy to concentrate on holding them responsible.

 

I'm afraid of retaliation if I speak to the diocese Isn't that sweet? Retaliatory religion. Is there a reason you seek to keep your child in such a terrible place? I am very confused?

 

but I now need to protect my child and my family. Do I need an attorney? If possible, yes - because I do not see you haveing the time to dealy action so you can study all of the legal caselaw, statutes and procedural law to quickly improve the situation. Of course, if you remove your child from the danger, you could take your time to learn it, if you don't feel you can afford an attorney. But if you can afford one (and maybe there could be a contingent lawyer out there, but that would have to be determined), I'd get one. And I'd hold off right now on giving medical access to the principal with the agenda. If you say there is a problem, he should be bending over to learn it and fix it - not peeping into your child's private mental health treatment. But when you sue him and the school, you can use the fact that your child has been mentally injured to make him pay for that damage. You can convince the jury, since the principal chooses not to see the light and do right. And the press probably won't be favorable to the church, school or principal.

 

Please help.

Optional Information:
Country relating to Question: United States
State (if USA): New York

Already Tried:
I have spoken to a psychiatrist. I have taken my daughter to the doctor where it has been documented that her behavior started with the bullying. I'm preparing to right a letter to the diocese board of ed but I'm afraid that she will retailiate. She done it to other parents. Consider meeting with these parents and uniting with them in a suit. Power in numbers.

 

I'm also looking for other schools but it is the end of the year. Thank goodness. It is such a shame NY state is so behind in school options, as you likely know, the city's pubic school are atrocious and they STILL won't allow cyber public, despite the incredible successes that are resulting elsewhere (I have a child that will likely be attending for her academics that way in the not too different future (she is still only in pre k, but between 1st and 3rd, she will likely be learning her 3 Rs this way, so she has more opportunity to excel that private or publics that are brink and mortar can come close to. It is not homeschooling, mind you, but public school, and the "socialization" by the hoodlums and bullies and vanities that our children are normally reduced to, can be replaced by socialization of the parents' choice (i.e. the clubs, activities, sports, and other non-academic areas so the academics need not be affected by the simultaneous "socialization" that takes place in the traditional classroom setting normally (an unfortunate by-product).


But in any event, thankfully, I am sure, if Catholic school you are set on (and brick and mortar), you will have those options soon since school is nearly done. Then you can concentrate on holding this inadequate school responsible.

-------

I hope this clarifies and I wish you the best. If anything in my answer is unclear, please hit REPLY and let me know which part needs some follow up and I will work on answering that for you. If I do not respond right away, please know that I am diligently working here on your question and I will be back as soon as possible, after engaging in any necessary and prudent confirming research to ensure that no recent legal changes have occurred that would effect your answer. Please also know that your expressed satisfaction with my answer is my top priority, and my time here today with you supports my volunteer work for the Disabled in the U.S.
You can ask for me directly in the future by starting your post with "To Alexia Esq."

Expert TypeManaging Attorney
Category: Education Law
Pos. Feedback: 100.0 %
Accepts: 10
Answered: 5/19/2012

Experience: 19+ years of hands on Legal Practice in this area.

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Customer replied363 days and 20 hours ago.


Sorry I tried to answer in blue but it didn't show up.

With regard to your post:

I
was working with a psychiatrist because my child's behavior had change after
much bullying at school. I am so sorry!



The
principal has been defensive and ignored the problem until my child's behavior
changed at school. As caretakers of your child, via your contract with the
school, that you paid for, they arguably have a duty to keep your child
emotionally safe as well as physically safe.



I
told her I was working with a psychiatrist and she said she tried to reach out
to them but he didn't call her back. Of course not - your child enjoys
confidentiality.



She
threatened me with calling child protechive services and also threatened my
child by promising to suspend her if she didn't tell the truth.





The
truth about what?
She
wanted to see if I took her to the psychiatrist. Did she speak with them. Was I hurting her. It is my understanding she did not like the
answer. By the way it was documented by
the pediatrician's CNP that the bullying and refusal started in October
. Being bullied?



Is
the pricipal denying any bullying has occurred?
She says there are mean girl behavior
in the class.



Who
is doing the bullying?
A group of
girls. I think it started with the
teacher and the principal. My daughter
broke her foot skating and it seemed to amplify the situration



When
I confronted her Who is "her"?
The prinicipal did she really say I will
suspend you if you do not tell me the truth.
She told me. She lied to me when
I was trying to help her.
Child or principal?



she
said she lied to her when I was trying to help her. ???



I
let the principal speak to the doctor and is threatening to send my child to
summer school though grades don't merit it. What does the doctor say the
principal said to her
? He said she was brusk with me and her heart
is in the right place he agrees with her that she needs more structure. She should go to summer school for structure
not for academics. I was very angry. It was assumed that I don't give
structure. I'm not good at it but she's
been in pre competitive skating camp, she's in an academic enrichment skating
program. I have hired a tutor. I told him that many parents find her
defensive and have pulled their students he realized this was beyond. She knows how to sell.



This
is a catholic school. I do know there are several complaints against the
principal and she is a bully. Why on earth do you keep your child in this
school?
I
am an older single parent with very limited support and my support network is
there. I made a mistake. Also my daughter was acamedically gifted at
one point and the school acamedically was ok.I also was starting a new
job. I was strying to keep everything
stable.



I
was hoping to get my child out of this school and the negativity. Why not do
that on Monday?
I didn't call on
Friday about registration. Public
school may be better. NY, I believe, is
behind the times terribly with educati on and has not yet delved into cyber
public schools, which apparently are far excelling in child education than
their brick and mortar counterparts, so that may not be an option if you don't
choose to move, but check it out, nonetheless. Eventually NY will be on board
with K12 or one of the other major providers. PA is very involved in that. I
will research it this weekend and try to move forward asap. I was trying to get
through the end of the year.
Also,
one week they say she's failing Science then they come up with another subject. I was trying to get the last test with the
final scores.



So
the questions: I verbally gave up my HIPPA because of the threat. Verbally?
There is no verbal, typically. Generally, a release that is HIPAA compliant
must be signed.
I know. I consciously did it; but, I'm a Training
Manager for EMR. I'm an African American
single parent a true stereotype. I did
want my child in the system first and ask questions later.



Is
that truly a threat IS WHAT a threat?
Child
Protective services and accusing me of hurting my daughter.
Summer
school?
Yes but not as much.



because
I'm concerned and wonder do I have recourse to protect my daughter and myself? Sure.
If the school is breaching its contract with you, by not passing your child
this term when his/her grades are of merit, you can sue for breach of contract.
You can potentially include a claim for personal injury based on the school's
failure to safeguard your child while in school, from dangers such as bullying
- I'd take no prisoners. This type of trauma can effect a child forever, both
creating an aversion to school (permanently impacting his future education,
employment opportunities, etc) and making a depressed, sad, angry mentally
compromised person. I'd also consider suing the bully if he has committed a
crime - some bullying is a crime, some not. Physical touching is an assault.
But words can also be a crime - if they are threats of violence, etc. ALso, if
there is discrimination based on race, religion, gender, disability etc., by
the buly, the school is responsible for taking action to prevent it once they
are on notice.
Thanks.





I am
just looking to protect my daughter from the bullying and the toxic
environment. I'd get her out, for starters, so you KNOW she is safe. Then I'd
have more time and energy to concentrate on holding them responsible.
OK



I'm
afraid of retaliation if I speak to the diocese Isn't that sweet?
Retaliatory religion. Is there a reason you seek to keep your child in such a
terrible place? I am very confused?
There
is another, I know, catholic school I wanted to send my daughter to that I know
parents there who have left my school they say its very different. If I write a
letter to the diocese. I am concerned
there will be more pressure at school.



but
I now need to protect my child and my family. Do I need an attorney? If
possible, yes - because I do not see you haveing the time to dealy action so
you can study all of the legal caselaw, statutes and procedural law to quickly
improve the situation. Of course, if you remove your child from the danger, you
could take your time to learn it, if you don't feel you can afford an attorney.
But if you can afford one (and maybe there could be a contingent lawyer out
there, but that would have to be determined), I'd get one. And I'd hold off
right now on giving medical access to the principal with the agenda. If you say
there is a problem, he should be bending over to learn it and fix it - not
peeping into your child's private mental health treatment. But when you sue him
and the school, you can use the fact that your child has been mentally injured
to make him pay for that damage. You can convince the jury, since the principal
chooses not to see the light and do right. And the press probably won't be
favorable to the church, school or principal.
Thank you.



Please
help.



Optional
Information:


Country
relating to Question: United States


State
(if USA): New York




Already
Tried:


I
have spoken to a psychiatrist. I have taken my daughter to the doctor where it
has been documented that her behavior started with the bullying. I'm preparing
to right a letter to the diocese board of ed but I'm afraid that she will
retailiate. She done it to other parents. Consider meeting with these
parents and uniting with them in a suit. Power in numbers.
The
ones who are dissatified are afraid of the same thing. Some this school is better
than others. What are the
alternative. We have become an isolated
family . This helps
her.



I'm
also looking for other schools but it is the end of the year. Thank
goodness.It is such a shame NY state is so behind in school options, as you
likely know, the city's pubic school are atrocious and they STILL won't allow
cyber public, despite the incredible successes that are resulting elsewhere (I
have a child that will likely be attending for her academics that way in the
not too different future (she is still only in pre k, but between 1st and 3rd,
she will likely be learning her 3 Rs this way, so she has more opportunity to
excel that private or publics that are brink and mortar can come close to. It
is not homeschooling, mind you, but public school, and the
"socialization" by the hoodlums and bullies and vanities that our children
are normally reduced to, can be replaced by socialization of the parents'
choice (i.e. the clubs, activities, sports, and other non-academic areas so the
academics need not be affected by the simultaneous "socialization"
that takes place in the traditional classroom setting normally (an unfortunate
by-product).





But in any event, thankfully, I am sure, if Catholic
school you are set on (and brick and mortar), you will have those options soon
since school is nearly done. Then you can concentrate on holding this
inadequate school responsible.





I will try all
options. Thank you.




-------



Picture
Expert:  AlexiaEsq. replied361 days and 13 hours ago.

Good luck with everything here. It is a very stressful situation. I'll be here later in the week, should you need. (I am actually out of state right now). Be well.

 
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