My son was suspended from a private school, 1 day, for bumping into a teacher. My ex wife and her husband went to the school a few days later threatening a lawsuit claiming he was being bullied. My son was subsequently expelled from that school. Before the expulsion, I was told by the school administrator and the teacher how appalled they were at the actions of my ex and her husband. Not once did they mention my son's behavior when they discussed the matter that expulsion was what they were going to recommend to the school board. The school is also attenended by my daughter and it's a one classroom school grades 1-6 so my son and daughter were in the same class. As a result of this, I pulled my daughter from the school. Part of my ex's argument on why my son was being bullied was that she claimed he has Aspergers syndrome. This has been a longstanding issue with myself, my ex and the school as I have taken my son to a leading clinic to have him properly diagnosed and I have documentation that he does not have aspergers. The school was aware of this, but never asked me for a copy of the file. They just chose to treat him like a mainstream kid because they knew he had been diagnosed. After he was expelled, the school asked me for a copy of that file so they could "put in his file to send to his new school." I didn't give it to them because I felt if they didn't need it for his school file there, it didn't need to be in a file at his new school. I was hoping his mom wouldn't bring it up at the new school and it would he would be given a fresh start. I also felt they really wanted that file in case my ex followed through on her threat to sue them. If they had just asked me for the file and given me the real reason, I probably would have given it to them and just asked them not to include it in my son's file at his new school. At that point they informed me I had to pay them 2 months worth of tuition for pulling my daughter from the school, but I could write a letter to the board and ask them to waive the fee. They also again asked that I give them my son's medical file. I still didn't give them the file for my son, but I did write the letter asking them to waive the fee and also asked them if they would send me copies of both my children's school files. The next time I heard from them was when I was served to be in court for the unpaid fee. I am fighting them in court on that. I am scheduled to go to mediation in a few weeks. My question is: Do I have legal grounds to counter sue them? It seems they tried to extort me or at the very least tried to violate my son's privacy by asking for his medical files. It seems they have been punitive toward me and I am upset and wish to fight back.
You shoudl seek out and retain an education law attorney immediately. Your question is too in depth to get a quick answer here and you should not post any more information because all of this is discoverable (that is, you might need to turn it over as part of litigation if asked.) It does not sound like extortion on the surface, though, because they have at least some claim for what they are demanding.
Please mark answers you appreciate with positive feedback!<p><a href="http://www.msm-law.com/nicholaspasse.html">Attorney Nicholas J. Passe</a><p><l>Disclaimer: Per the avvo.com community guidelines, no attorney/client relationship is created by the asking or answering of questions on this web site, nor do the answers constitute legal advice. Always hire an attorney before making any important legal decisions. Posting details of a case on avvo.com may be subject to discovery in criminal or civil litigation, so erring on the side of nondisclosure is wise.<p><a href="http://www.msm-law.com">Moen Sheehan Meyer, Ltd.</a>
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