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My son was placed on a "medical leave" instead of being

Good Morning....My son was...

Good Morning....My son was placed on a "medical leave" instead of being expelled from his private school. They insisted he be seen by a mental health professional and he has. We still do not know the details of what led to this other than he made "anti-Semitic remarks and "rape jokes"...he is 13. He has been out since November 3rd and we believe a family was trying to sabotage him since they are in the middle of applying for secondary schools. Just do not know if we have any recourse.

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Massachusetts and it is a private school so I know they have all the rights

Lawyer's Assistant: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?

We did speak to a local attorney who basically said private schools can pretty much do what they want unless you feel like you are being discriminated based on race, religion, etc. My ideal situation is to have my child back in school before their March 3rd date but my biggest fear is the schools he is applying to will reject him because of this and it is simply not fair. They are refusing to tell us any details.

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

Well they did draft a "disciplinary " report on my son and we are challenging 2 items and asked to set up a meeting to discuss but have not heard back.

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Answered in 3 minutes by:
1/8/2018
Gerald-Esquire
Gerald-Esquire, Attorney
Category: Education Law
Satisfied Customers: 5,241
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Even though it is a private school the school may not share this information with another institution. In part it is because they made it a "medical issue" which means that there are certain medical privacy rights that your child has and in part because there are federal and state laws that provide student records certain privacy protections - evven with a private school.

If the school were to divulge this information with out consent they would be liable to you for privacy violations.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Gerald-Esquire
Gerald-Esquire, Attorney
Category: Education Law
Satisfied Customers: 5,241
Experience: Over 30 years of experience
Verified
Gerald-Esquire and 87 other Education Law Specialists are ready to help you
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Customer reply replied 5 months ago
Thank you Gerald, I believe they are trying to help my son by making it a "medical leave" for that exact reason. However, I am assuming the schools he is applying to can ask us as the parents what the medical leave was for and we have no idea how to answer that. It is just frustrating they can make my son stop going to school and not provide us with the specific details. We also feel that since these so called incidences happened last school year, is there not a statue of limitations? Anyways, thank you and I will be in touch if I have any further questions.

The schools that he is applying to need not know the reason. It is confidential.

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