Thanks- OP here. I appreciate the thoughtful replies. We have moved incredibly quickly to do many of the things listed here (therapy for child and family, looking at other options). However, the school has taken actions that have harmed my child, communicated multiple things around the same situation (thereby impacting actions we have taken), and the teaching quality has been incredibly poor. Even outside of this we were planning on making a change because we don’t like the school, we just needed one more year to do so. I want a lawyer to help so the school makes changes in how they handle future situations and not harm others as they have harmed my child and family.

Anonymous wrote:OP, why are you directing your energies towards legal action against the school, rather than helping your child with their new diagnosis? I sincerely hope that you seek therapy for yourself so that you can direct your anger in a productive way--and I suggest this as someone who does not recommend therapy lightly. You are not seeing straight, and you are neither behaving in a productive way nor in a way that sets a good example for your child.

+1

This exactly. Understanding OP's feelings are touched, a new diagnosis is a lot if you are not someone who is open-minded enough to know that having a diagnosis is actually an amazing place to be because it provides clarity. As a parent of a child with ADHD, depending on how your child presents their diagnosis (if you are being counseled out, I am guessing your child is either being a danger to themself or others or posing enough of a disruption to the class that the needs of/obligations to the majority can no longer be met), do know that you absolutely want a space where your child is happy and thrives. Allow your child to be counseled out and find the schools that will meet your child’s uniqueness. I promise you, wasting energy on legal action is not the way to go. You don't want to be that family.

Anonymous wrote:Also, by litigating against your child's current school, you can kiss goodbye future opportunities to enroll your child in a different private school. The private school world is *small*. Your reputation will follow you and your family.

That’s the truth.

If they were aware of the history, there’s no Admission Director that would touch this family with a ten foot pole. And the school that was sued would have no problem sharing it (informally) with other schools.

"I don't care that I can't articulate any legal theory of why I can sue the school, I don't care that I don't have a legal leg to stand on, I want a lawyer to send nasty letters to the school and make me feel better."

The reason you aren't getting lawyer recommendations is that you'd have to have an articulable case:

Was your child subject to racial or religious discrimination? If so, here are lawyers that are recommended for that ...

Was your child abused by a teacher or staff member? If so, here are lawyers that are recommended for that ...

Is the school trying to force you to pay for the rest of the school year after kicking your kid out of the school? If so, here are lawyers that are recommended for that ...

Asking for a lawyer recommendation when you're just angry with the school is too vague of a question. Honestly, people here are just trying to help you avoid wasting money and burning your reputation with frivolous legal threats that would likely harm your chance of getting your kid into another school.

OP, the fact that this is hard, sad, and feels unfair does not constitute grounds for a lawsuit. The reason people are suggesting putting your resources elsewhere is that you don’t have grounds to sue, so you would be wasting your time and money. And any lawyer worth anything wouldn’t take the case, because you don’t have a claim. If you want to put the screws to the school, threaten to tell everyone you know and post online reviews about their broken “promises” and their mistreatment of your family. Schools care a ton about their reputation. I did this once and received a tuition refund. You’re better off going this route than looking for a lawyer.

Signed,
A lawyer

Anonymous wrote:The school is pretty toxic - despite being a school that is enthusiastically sought after on this board. I appreciate the responses but I just really need recommendation of a lawyer.

Sadly, they probably feel that your child is toxic to other kids’ ability to learn and that’s why they are going to push her out. What do you want a lawyer for? To get your money back? Why would you want to keep your child in such a situation?

Also, by litigating against your child's current school, you can kiss goodbye future opportunities to enroll your child in a different private school. The private school world is *small*. Your reputation will follow you and your family.

OP, why are you directing your energies towards legal action against the school, rather than helping your child with their new diagnosis? I sincerely hope that you seek therapy for yourself so that you can direct your anger in a productive way--and I suggest this as someone who does not recommend therapy lightly. You are not seeing straight, and you are neither behaving in a productive way nor in a way that sets a good example for your child.

Go with a lawyer if you want, but in my experience school also have good lawyers. The incentive of a lawyers is to engage in a protracted lawsuit so he or she can earn more money. The final outcome is dubious. I would rather try a lawyers letter. Request something specific with a threat of going to trial. That could be more cost effective.

https://www.kennedykrieger.org/sites/default/files/library/documents/community/maryland-center-for-developmental-disabilities-mcdd/MDSEL%20Referral%20List_0.pdf

Anonymous wrote:Thanks- and I know I sound like the cat lady at the link- I’m just looking for recommendations for a lawyer. I’m not looking for anything else. If you don’t have that, please don’t respond.

I think the link was more reflective of the off-topic non-answers.

You might try asking in the Special Needs forum, OP.

Anonymous wrote:For Special Education, Brian Gruber and Michael Eig are names that are mentioned. If you do a search for them, you will come up with other names that might be a fit for what you need.

They are specialists in IDEA, the law that requires public schools to provide appropriate education and isn't applicable to private schools. They might have opinions about ADA, which is applicable, but that isn't their specialty.

This thread is Exhibit A in the explanation of why school heads are paid all that money.

OP what legal action are you hoping to take?