School Liability In Preschool Expulsion?

[Unregistered]

Criminal liability? No. If law was broken.

[hwichlaz]

Few points:
- We leave in Indiana and I'm not sure whether there is a piece of legislation equivalent to the one in Illinois.
- All of this happened in March 2017 and we did work very hard on our son to make him understand what happened.
- The reason for which the school hired an extra person to make sure this never happens again is that (1) there was a revolt of many parents and (2) one of the other teachers in my child classroom threatened to resign over his expulsion.
- In the rule book immediate expulsion is contemplated but, if one reads the words of the president of the board I pasted in the first post, she candidly admits that those conditions WERE NOT APPLICABLE TO MY SON EXPULSION. In fact, she says that the school DID NOT RESPECT THE RULE BOOK PROCEDURE.
- There is no issue with any reimbursement: we paid until the last day of school (last month was pro-rated) and we got back the deposit.
- I want to know if the there is potential criminal liability. They ignored parts of the contract put in place to protect the child from unnecessary pain and trauma. Had they invoked the immediate expulsion part of the contract things would be much more tricky because one would have to prove that they were wrong which is probably impossible; but they admit that they mistakenly kicked him out with a day notice instead of engaging in a long process which would have taken several weeks at least. I have no idea if in Indiana there is any recourse.

Thanks to everybody for replying!

Breaking a contract is NOT criminal. It’s civil. And Civil penalties are based on financial loss. You didn’t lose anything financially. So you are not due anything....and suing would be a waste of money.

[hwichlaz]

The law is not there for you to punish someone that has angered or disappointed you. You don’t get to “make them pay” because you don’t like how they handled this.

[Ac114]

Few points:
- We leave in Indiana and I'm not sure whether there is a piece of legislation equivalent to the one in Illinois.
- All of this happened in March 2017 and we did work very hard on our son to make him understand what happened.
- The reason for which the school hired an extra person to make sure this never happens again is that (1) there was a revolt of many parents and (2) one of the other teachers in my child classroom threatened to resign over his expulsion.
- In the rule book immediate expulsion is contemplated but, if one reads the words of the president of the board I pasted in the first post, she candidly admits that those conditions WERE NOT APPLICABLE TO MY SON EXPULSION. In fact, she says that the school DID NOT RESPECT THE RULE BOOK PROCEDURE.
- There is no issue with any reimbursement: we paid until the last day of school (last month was pro-rated) and we got back the deposit.
- I want to know if the there is potential criminal liability. They ignored parts of the contract put in place to protect the child from unnecessary pain and trauma. Had they invoked the immediate expulsion part of the contract things would be much more tricky because one would have to prove that they were wrong which is probably impossible; but they admit that they mistakenly kicked him out with a day notice instead of engaging in a long process which would have taken several weeks at least. I have no idea if in Indiana there is any recourse.

Thanks to everybody for replying!

Criminal liability? What law did they break? And why are you still obsessed with this a year later?

Your son was in preschool and they terminated services. Move on already.

[boy_mom]

Another parent who didn't like hearing NO 😂😂

[Blackcat31]

:confused:

What was he expelled for?

Again....what was your son expelled for?

[nannyde]

Few points:
- We leave in Indiana and I'm not sure whether there is a piece of legislation equivalent to the one in Illinois.
- All of this happened in March 2017 and we did work very hard on our son to make him understand what happened.
- The reason for which the school hired an extra person to make sure this never happens again is that (1) there was a revolt of many parents and (2) one of the other teachers in my child classroom threatened to resign over his expulsion.
- In the rule book immediate expulsion is contemplated but, if one reads the words of the president of the board I pasted in the first post, she candidly admits that those conditions WERE NOT APPLICABLE TO MY SON EXPULSION. In fact, she says that the school DID NOT RESPECT THE RULE BOOK PROCEDURE.
- There is no issue with any reimbursement: we paid until the last day of school (last month was pro-rated) and we got back the deposit.
- I want to know if the there is potential criminal liability. They ignored parts of the contract put in place to protect the child from unnecessary pain and trauma. Had they invoked the immediate expulsion part of the contract things would be much more tricky because one would have to prove that they were wrong which is probably impossible; but they admit that they mistakenly kicked him out with a day notice instead of engaging in a long process which would have taken several weeks at least. I have no idea if in Indiana there is any recourse.

Thanks to everybody for replying!

This happened a year and a half ago?

[Silly Songs]

I think I need the watered down version of this. What is OP talking about ?

[Enrico]

Thanks to all. I came here to see if there is any legal recourse and the answer seems to be a resounding no. I won't waste money on an attorney. I just didn't want to leave any chip on the table and wanted to be sure before moving on.

Good bye and thank you again for taking time to answer.

Take care.

[Pandaluver21]

Again....what was your son expelled for?

I'm thinking someone doesn't want to answer that...

[Blackcat31]

I'm thinking someone doesn't want to answer that...

I think you’re right

It would definitely influence my reply but OP seems to be avoiding the question :confused:

[Rockgirl]

I think you’re right

It would definitely influence my reply but OP seems to be avoiding the question :confused:

That question, and the question of what, exactly, he is seeking. He said it’s not money, so.....what?

[amberrose3dg]

Thanks to all. I came here to see if there is any legal recourse and the answer seems to be a resounding no. I won't waste money on an attorney. I just didn't want to leave any chip on the table and wanted to be sure before moving on.

Good bye and thank you again for taking time to answer.

Take care.

Oh my. The thoughts that are in parent's heads are scary. This happened 1.5 years ago. You do not want to elaborate on why your child was expelled. Sounds like it was a behavior issue. In that case how dare you think the school owes you because your child was most likely terminated to protect the safety of other children. I myself have terminated on the spot over safety concerns.

[Enrico]

In case anybody is interested I found an interesting document that explains contract law between daycare and parents.

http://childcarelaw.org/wp-content/uploads/2014/06/Know-the-Law-About-Contracts-Between-Parents-and-Child-Care-Providers-in-California.pdf

It focuses on California but almost everything applies to other states. As an example it covers my case and it explains that the only recourse is that I'm entitled to a refund for the days I prepaid and the deposit (both of which the daycare refunded).

[Blackcat31]

In case anybody is interested I found an interesting document that explains contract law between daycare and parents.

http://childcarelaw.org/wp-content/uploads/2014/06/Know-the-Law-About-Contracts-Between-Parents-and-Child-Care-Providers-in-California.pdf

It focuses on California but almost everything applies to other states. As an example it covers my case and it explains that the only recourse is that I'm entitled to a refund for the days I prepaid and the deposit (both of which the daycare refunded).

Answer the questions please...

What was your son expelled for?

What do you want from the daycare? Money?
Punishment for the daycare for terming your son?

Dude... judging by your posts I already know why your son was termed and Ill say right now, although I know you won’t listen... drop it and move on. Your kid got termed from a daycare. He’ll survive... life will go on and he won’t be scarred by any of this unless you choose to continue pursuing it.

Be careful though because in the process he’ll also learn his parent isn’t fighting for what’s right but fighting to be right.

BIG difference between the two