Private school and ADA violation

[grace35401]

My daughter, Mary, attended a college prep school in Massachucetts. We reside in AL. She was sent home on medical leave the last week in February for psychological reasons. She was very depressed. The schools policy is that she cannot return for a visit because they don't allow students sent home on medical leave for psychological reasons to return until the following term. Mary wanted to go to the prom on May 23rd with her boyfriend and stay until June 2nd after his graduation. She is very upset by their decission. I contacted the ADA today and the lady I talked to said that the school did violate the ADA and that I should get an atorney. Problem is, the school is up there and we live down here. The ADA is sending a complaint form so we can file a complaint against them. She said that would take about 16 weeks. Problem is, my daughter wishes to go there on the 23rd of this month to go to the prom with her boyfriend from that school. The school won't let her come because she was placed on medical leave the last week in February and they wouldn't let her come back for spring term. She tried to go up for a visit for Spring break but they wouldn't allow it. She was placed on medical leave for depression (she was suicidal a few weeks prior to them placing her on medical leave) and anxiety. She really misses her boyfriend and was planning on going from the 23rd of this month and staying up there till June 2 for his graduation. They would let her come only for the graduation. She would not have been placed on medical leave if they had done what they were supposed to do to begin with. They were supposed to have made sure she went to her weekly therapy sessions. They did not. Mary asked the clinic to somehow remind her of her appointments and they told her they couldn't because it wouldn't be convienient for them to do so. Every student has a phone in their rooms complete with voice mail. How on earth could that be inconvient? They were also supposed to give her her medication every day. After about a week the dorm head decided she would let Mary take it herself. So her medication monitoring went down the tubes as well. She is not going back up there in the fall. I believe I need to somehow find out what can be done about all of this. The ADA rep in Washington told me to get an attorney because ADA can't do anything this soon to get her permission to go for a visit. I'm sorry to ramble on but today was the last straw. Mary has repeatedly tried to get in touch with the dean and I have too. They have not returned our calls. I spoke with the dean in March about the spring break and he talked with me about 15 minutes and then said he had a meeting to go to and would get back with me. He never did.
What can I do?

 

[davelu99]

Whew... Not good. I feel bad for Mary. Unfortunately for Mary, nothing in the government ever goes quickly. My only suggestion is that you call the dean or superintendant or whomever, and inform them that you have spoken to the ADA Administration and they told you that what they are doing is indeed a violation. Then (I hate to say it, but...) threaten them that you are filing a complaint with the ADA Administration and will file a lawsuit in Federal Court to remedy the situation and seek compensation for further emotional distress to Mary. This may or may not work. You may be able to pay a lawyer a minimum fee (if there is such a thing when lawyers are involved - maybe $100 to $200) and have the lawyer call, but either way... No promises! Please, e-mail me and let me know how it turns out.

[email protected]

GOOD LUCK!!!

 

[grace35401]

My daughter went up to the school Saturday
and left her bags in her room. She found that all of the things she
left behind when she left on medical leave were shoved in the closet,
not in boxes either. She left breifly and when she returned her bags
were gone. She asked her roommate where they were. She said they
were down in the day students room. My daughter went and retreived
her bags and got changed and left her bags in the room. She came back
to put some of her things that were in her purse in her bag. Guess
what? Her bags were gone. Not only her bags but all of her stuff
that was in the closet was gone. She found out that her bags and
things that were in the closet were put down in storage. My daughter
had made arrangements to stay at friends homes during her visit at
the school, because the school said she couldn't sleep at the school.
On Saturday night, the girl she was going to stay with for the
weekend, told her that her mom wasn't going to let her stay because,
(get this now) the assistant dean who is related to the girls mother
told her mother about why my daughter was placed on medical leave and
according to the girl, the asst. dean had painted a very negative
light on the whole situation. So, her boyfriend and she were
spending part of their time Saturday night during the prom finding a
place for her to stay. She went back for her bags down in storage
and guess what? None of her things were there. Her bags, everything
else, just gone. No one knew where they were. Sunday she was at the
school for the Bacclarete (spelling is bad) and class picnics when
the asst. dean approached her and told her she did not have any
business being there. My daughter said she had permission and the
dean asked from whom? She told her the dean had. The asst. dean
said she didn't believe that was true and would talk to the dean.
She ran into my daughter a little later and said that she could only
be there for public funtions and would be asked to leave after the
class picnics. This was at 5:30 pm. My daughter told her about her
things being gone. And the asst. dean said that she would check into
it with the dorm head. At 9 that night my daughter phoned me to tell
me all that happened. I called the asst. dean and asked her where my
daughter's things were. She said she was working on it and would
call me back. It was 5 minutes later she called me back and said
that the dorm head said that they had been locked up in a room. The
advocate told me yesterday to call the Disability law center today.
I did and the lady I stated the problem to said that an intake worker
will call me back. She said that the intack workers respond to
callers in the order they are recieved and it would be a few days to
a week before I hear back from them.

 

[Lady Libertine]

I would be interested to know how old your daughter is? But regardless, I have to say that I agree with the school. You say she was suffering from psychological problems, and was depressed and suicidal. If so, why would you want her in MA, while you're all the way in AL? Especially under conditions that were obviously stressful to her. And to expect them to remind her to attend her therapy sessions is utterly ridiculous. If she couldn't remember them, couldn't write them in a planner, or couldn't enter them in her computer, then how will she ever function in society? Again, I say this not knowing her age. If she's 12 I would think differently than if she's 18. But if it was so important, why didn't you call her and remind her?

The school has a responsibility not only to protect your daughter, but also to assure the well-being of ALL of the students. If, in their opinion, she posed a threat to her own safety or that of others, they had every right to remove her. And I'm sorry, but filing a lawsuit alleging ADA non-compliance because she had to miss a dance is just plain outrageous. ANYONE can claim to have a disability and the way ADA currently reads, if I even THINK I have a disability, then that in itself is a disability. HOGWASH! Forget the school, forget the lawsuit, keep her home and get her the help she needs.

Good luck to you both.

~LL