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Son enrolled a day student, private school. Prior to the 1st…

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Son enrolled a day...

Son enrolled a day student, private school. Prior to the 1st day of school, orientation. Son was drug tested & positive. I was told he took something in the last 7 hours. It was a dipstick drug test, there is no way they could tell exactly when taken. I withdrew immediately.My issue is they will not refund 2000 dollars off the full tuition I paid in full, January 2017. He was taken out because he did not take something 7 hours ago, it was a valium he was given 3 days prior to getting him back to sleep time. Additionally, he was tested in the library bathroom, results were disclosed in the library with several students & other people I have no clue who they were.They violated my son's confidentiality & are refusing to pay back, what they called a nonrefundable deposit. They accused my son of drug use, in front of student's & now are refusing to refund my 2000, I received the other 5000 back.This should be illegal if it is not . I am seeking a free consultation with a lawyer for this matter. I wish to get my 2000 back as well as take them to court for violating my son's confidentiality,had he attended he would be set up for failure because at leat 6 students heard his positive results disclosed.

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Virginia I am a social worker from NY. I have worked in NY private schools & this would not be allowed in NY.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

BUT I am in Va now.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We were told in the orientation thatr we were day students so we did not matter.This is a military school.I hesitate to give name because I am certain someone will bring this to the attention of school before I have a lawyer. Very unprofessional conduct overall & to keep the 2 grand? My spouse is a 9/11 responder we are on a fixed income since he is retired,no 9/11 big payouts here. I want my 2000 back & they need to be held accountable for unprofessional behavior.I can also tell you the boy infront of us tested positive & it was disclosed he was OK because his was psych wend.

Submitted: 7 months ago.Category: Education Law
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Customer reply replied 7 months ago
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Customer reply replied 7 months ago
They wanted my 13 yr old son to sign something & he refused .My big issue with this is disclosing results in a setting where others were able to fully hear & see what was going on & then not refunding this money.It was due to the way they dealt with dislosing results that I decided not to send him. I feel that was setting him up for failure.This school is not a drug treatment center,they are not able to deal with substance abuse in an apporopriate manner
Customer reply replied 7 months ago
am a liceansed social worker the way this was handles is very alarming & I did not expect my son to be drug tested,or I would have disclosed he was given a valium several days prior to get his sleep schedule back to normal,from summer vacation in NY.
Customer reply replied 7 months ago
I should add that both my son & I are traumatized from this. He wanted to attend the school & is not,I wanted him to attend but based my experience as a school social worker I was appalled & I believe I have been impacted also over this etire situation.
Answered in 18 minutes by:
12/2/2017
Education lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Education Law
Satisfied Customers: 125,859
Experience: Attorney handling education matters.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under the law, schools are allowed to drug test students pursuant to a school testing policy. However, under FERPA, the school is not to release the results of any such drug tests to anyone except the parents and student. If the school, even a private school, violates FERPA, you can file a complaint with the Department of Education and you can sue for the breach of the duty of confidentiality of student records.

Since they did disclose the results to others, you have a claim for emotional distress and breach of the duty of confidentiality under FERPA for your son, but the law does not you to claim emotional trauma for this on your own behalf.

You would need to obtain a local attorney in VA and you can sue the school for violating their duty of confidentiality under FERPA and seek damages it caused your son for the emotional distress as well as return of your funds paid to the school.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
Thank you very much,I believed I had a case for my son. Could you direct me to a lawyer that will take fees from award ,if there is one?
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Law Educator, Esq.
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