• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

expulsion from catholic school for ADHD

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

dianegee

Junior Member
What is the name of your state? california. my son is being expelled from his catholic school. this has been building for a couple of years. he has been diagnosed with a mild case of ADHD. he has issues at school with his reactions to other kids teasing and taunting him. he either acts out or he shuts down and won't respong to anything or anyone for sometimes 10 minutes or more. the principle has called him violent, and believes he is a danger to other students. which is in direct confict with his own teachers opinion. when other kids hit our son, they have been told to appologize to him, when our son far less, he has been suspended. the last incident was 3/5/08. he had a rope wrapped around him from another student, that he was trying to escape from and was getting upset. a teacher, in her own words , said when she grabbed our son from behind, he jerked his arm out of her grip. she also didn't believe he was aware that it was her grabbing him. the principle accused our son of swinging at a teacher and said he was being expelled for violence. we were able to talk her into a two day suspension. we believe she doesn't want to deal with special needs anymore and was looking for a reason to remove him. we have since decided to remove him from the school for fear of expelsion which would ruin his chances of being accepted to a catholic high school. is there anything that can be done to prevent the school from treating him in this unfair way?
 


GaAtty

Member
GaAtty

The Americans with Disabilities Act protects students with disabilities in private schools. If his behavior was caused by his disability ( and some of it seems like it may be ) then they cannot kick him out for that behavior. However, you will need to show that his conduct which got him in trouble was due to the ADHD. You should contact a special ed attorney in your area, this would be something they would be familiar with.
 

tranquility

Senior Member
The protections are less for schools who do not receive government support. Since the school is claiming the child is violent and (assuming they don't have public support) they are not required to meet certain 504 requirements, would the school have the right to suspend even if the violence is shown to be from a disability?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top