In the last week of the semester I received a letter which asked not to return to my private school for my final year. They gave me no warning prior to this letter. I was suffering from an anxiety disorder and depression which had effected my attendance and consequently my academic performance. The school were fully aware that this was the reason and seemed supportive (they even had meetings with my psychologist). I was never a disruptive pupil - I was always polite and adhered to the rules. I can't see that it's just to expel someone for suffering from mental illness (or any other kind of illness) and especially so late in the year when there's no time to find another place to continue my studies.
Unfortunately, much of the info necessary to offer some useful insight has not been included here in your post. Is this high school or college? Did the school's letter state any grounds for the decision? Does your psychologist have any info from the meeting with the school? Have you had any meetings with school officials to determine the specific issues that led to this decision?
Almost all schools (most private and all public schools) have adopted administrative procedures by which students may challenge the administrative decisions of the school. The admin appeal process is almost always set forth in the student handbook or in material published by the Dean of Students. The process is often limited by the nature of the relief sought, or by the nature of the decision to be challenged. Without knowing the school's ostensible reason for its decision, it is difficult to know whether that process is available to you to challenge this decision. But that process is the right starting point. You need to determine whether there is an "internal" administrative remedy available to you and, if so, you need to exercise that right. Do your due diligence without delay. Admin processes generally have very short and inflexible time limits and the failure to meet the time limits will not excuse the necessity to exhaust the admin process before initiating any kind of legal claim.
If this matter is not reviewable by the school's admin process, it is possible that you have a civil suit available against the school on grounds of disability discrimination. That can be a very very difficult case to maintain -- much less to succeed in -- on these kinds of facts, but it is worth a consultation with a skilled and experienced attorney who practices disability discrimination law.
And you should take a close look at all of the matter published by your school about student obligations, conduct, academic progress, and academic performance. Most matters of school enrollment are governed by contract and it is the enrollment materials and other published rules and regulations (incorporated by reference in your enrollment materials) that are your contract in this situation.
Bear in mind that the school has a right to specify minimum standards for academic performance and progress and even a demonstrated and verified disability does not require that the school abandon or modify those standards as to the disabled student.
Courts are highly consistent in their unwillingness to second-guess issues of academic affairs at the college and university level.
Rabeh M. A. SoofiBusiness AttorneyLos Angeles, CA ·
You may have a disability claim against the school and/or school system. My suggestion is that you consult with an attorney via a consultation. That way, you will be able to discuss the facts of your case, which will allow the attorney to give you a better idea of whether you have valid claims against them, and what your options might be.
Our law firm handles disability discrimination claims. If you would like to discuss your options, feel free to give me a call. Consultations are always free.
Take care, and I hope you are doing better.
Rabeh
I agree that you have not given us much of the detail, necessary, for us to give you a very precise answer. You do indicate that the school is a private one. Usually, I would response that the relationship is therefore governed by the contract. Given the fact, however, that contracts run from year to year, what they have effectively done is refused to offer you another contract. That being said, we must look at whether a private school can refuse to offer you a contract on the basis of your disability.
The broad answer to that is "nol" A private school (k-12 or college) is a "public accommodation," and is thus under the ADA (Americans with Disabilities Act), which holds that such an organization way not discriminate against its students. THat said, however, the ADA does not excuse students from meeting the cirteria and requirement, which other students must meeting. You mentioned that your attendance and academic preformance have sufferred. Many private schools require their students to meet certain very rigid attendance and academic performance standards. This could be fatal to any legal action.
At this point in our analysis, the lack of specific information makes it hard to be more definititive. Excusing a short period of absence could be considerd a reasonable accommodation, especialially where the school administration was aware of the disabiing condition, especially where there is a successful effort to keep up with classwork. In the end, however, students must meet the school's requirements. The grades are even less flexible. In the end you have to make the grade, although some reasonable accommodations are required.
Finally, this is not an expulsion, per se, Your attendance at a private school is generally a contractual right. Unless your contract requires the institutition to continue to allow your participation at the school (I have never seen one like that), the this question is purely a questions of whether the school has violated your right not to be discriminated against.
