Looking for a legal opinion - education related

[MomRN]

I wouldn't make a big deal out of it. It sucks, yes, but it's just not worth the headache in the long run.

 

[msmayor]

Boys had a 95% chance of getting admitted and girls only had a 76% chance. There are more girls then boys in the district yet the slots were allocated 50-50. How is that not discrimination?

Except that this doesn't seem to be a situation where EVERYONE in the district participated in the lottery.

Within the OP's original post, its mentioned that there is tuition that must be paid:

Also- the district has nothing in writing on the website on how the lottery is to be conducted (i.e. boys and girls separated) and how the waiting list works (i.e. if a 2nd boy drops out, will it then go to the girl's list since there is only 1 boy on it?) It is pretty expensive, first installment due in 2 weeks so it is possible she could get in soon if anyone fails to pay.

This implies that this was a choice by parents whether to send their child to this particular kindergarten (kindergarten attendance is often not mandated by the state and required to be offered; many districts will offer it but with a tuition that must be paid).

Its not the boys' fault that not as many chose to participate. The district said they'd give 20 boys and 20 girls slots, which is actually pretty fair in my mind. The fact that more girls chose to participate in the lottery shouldn't affect the 'boys side' of the equation.

 

[wtccheermom]

Obviously if you have extra money for lawyer fees than you can just pay for her to attend a private Kindergarten because either way you will be out money and well I really don’t think you have a leg to stand on.

 

[cats mom]

Boys had a 95% chance of getting admitted and girls only had a 76% chance. There are more girls then boys in the district yet the slots were allocated 50-50. How is that not discrimination?

I just don't see any basis for a discrimination claim here. The odds are sometimes stacked against you, that's life.

As someone else posted, if the OP lawyers up, by the time anything is ever resolved her DD will be long out of kindergarten.

Maybe by just threatening they'll somehow find a spot for her DD, although I doubt it. But she will definitely get a reputation early on.

I'm not opposed to fighting the system when there's a case to be made, I've done it myself. But I think you have to pick your battles and this certainly wouldn't be one I'd take on.

 

[Lewisc]

http://www2.ed.gov/about/offices/list/ocr/complaintintro.html

File a complaint with the department of education. Let them decide if this is a case of discrimination that's illegal. If so let them tell the district what to do.

I wouldn't pay for an attorney.

Discrimination laws are suppose to stop the odds from being stacked against someone.

Does anyone think it would be legal if a separate lottery was held for blacks and whites?
The same discrimination laws apply

 

[bumbershoot]

Boys had a 95% chance of getting admitted and girls only had a 76% chance. There are more girls then boys in the district yet the slots were allocated 50-50. How is that not discrimination?

And if they'd done it without making it half and half, the GIRLS would have had the advantage in sheer numbers.

So now we get a boy's mom posting that it was unfair and we'd have people supporting that side because to not even it out is inherently wrong.

 

[Planogirl]

They could have just thrown everyone's name into the same bucket too. But then you'd have people mad if too many of one side would have been chosen.

 

[undertheradar]

So if the OP doesn't get her way, she will sue? Exactly why isn't this bullying?
This is for Kindergarten? What happens when she doesn't make first chair in the orchestra, the lead in the school musical, the school soccer team, class president, prom queen, etc.? There was a limited number of slots, the school balanced the class to an equal ratio of boys and girls, what next : uneven ratio of left handed and right handed students? We all don't always get our own way and starting an issue with Kindergarten just will label you as a problem parent. That is not what you want to do for your child. Find a before/after school program to make up for the class time that you believe your daughter won't be getting and use the money you would paid an attorney to pay for the added class time.

 

[Marionnette]

http://www2.ed.gov/about/offices/list/ocr/complaintintro.html

File a complaint with the department of education. Let them decide if this is a case of discrimination that's illegal. If so let them tell the district what to do.

I wouldn't pay for an attorney.

Discrimination laws are suppose to stop the odds from being stacked against someone.

Does anyone think it would be legal if a separate lottery was held for blacks and whites?
The same discrimination laws apply

Nice straw man argument to advance your point.

There is no concerted effort on the part of the school district to deny little girls access to kindergarten. You are totally ignoring the fact that another school in the same district ended up with a large number of little boys on their waitlist.

 

[KayW]

I went through a full day kindergarten lottery last year. 18 girls 18 boys. My DD did get in. By Sept. they decided to make it 20 and 20. It is heartbreaking sitting there. Where on the wait list is your DD? Many of the students who get picked do not do the full day and then there is the chance that your DD will get in. Plus they may add spots.

 

[Mama Who]

Boys had a 95% chance of getting admitted and girls only had a 76% chance. There are more girls then boys in the district yet the slots were allocated 50-50. How is that not discrimination?

Not necessarily. More girls wanted this class than boys, that does not translate to there being more girls in the district.

OP, if you raise a legal ruckus, what will be your goal? A new lottery or a spot for your kid? Is this really about being fair (in which case you're fighting to take a chance of STILL not getting in) or is it about insisting that your kid get a limited resource instead of someone else's? Think carefully about your motive before proceeding.

 

[SaraJayne]

You don't have a leg to stand on. I'm guessing you wouldn't be crying "discrimination" and "it's not fair!" if your DD got in, would you?

If you want to be labeled "that parent" in K, go ahead and sue and see what happens.

 

[DVCBELLE]

If they had put everyone's name in one bowl - they could have pulled all 21 boys names and only 19 girls. Or what if 25 boys had applied and 27 girls and 25 boys got in and only 15 girls. Or even worse - 40 boys and 40 girls apply - 40 boys get picked. Likely no - but possible.

The district needs a fair way to have even classes. This was the best way to do it. Depending on how you look at it - this guarantees euqal opportunity for boys and girls - 20 slots for each.

 

[DVCBELLE]

You don't have a leg to stand on. I'm guessing you wouldn't be crying "discrimination" and "it's not fair!" if your DD got in, would you?

If you want to be labeled "that parent" in K, go ahead and sue and see what happens.

I agree - you don't want to be "that" parent and believe me everyone always knows who "that" parent is!

 

[DisneyAndRedSox]

And if they'd done it without making it half and half, the GIRLS would have had the advantage in sheer numbers.

No... every child in the lottery would have had an equal chance.

I just found out this issue has been raised in the past. I have decided to go to the school committee meeting and let them know that I feel this is unfair. I don't plan on contacting a lawyer or raising a stink, but I think going forward it should be changed and I plan on voicing my opinion. Once the kids are in 1st - 12th, there is no lottery for classes and they balance it out the best they can. They also have 1/2 day kindergarten classes and don't have a perfect 50/50 pool of kids when deciding the classes. As for the classrooms being gender balanced, well there is now a 1/2 day kindergarten class that may have 6 more girls in it- so much for being balanced!

And no, I am not the type of parent to complain if my kid isn't chosen for something- but if she doesn't have a fair chance you can bet I will complain; and as she gets older if she feels something isn't fair she should stand-up for herself.

 

[Tink888]

I don't think you have a leg to stand on. The school offered up an equal number of slots for both boys and girls......probably so as not to discriminate.

They have no control over how many applicants of each sex they will get.

How much money would you have saved if you had won the lottery? How much money are you prepared to spend, in addition to the tuition that you must now pay, to take a chance on having the decision reversed?

Not to mention the money the school will be forced to pay in legal fees defending the action. Money which could be spent on educating the students.

How long do you plan on being in this district? If it's long term, another question you need to ask yourself is whether or not the lottery is worth the reputation you'll earn as a difficult parent and if you really want that reputation to follow your child. Because it will.

Sometime you win, sometimes you lose. Just part of life.

 

[mdsoccermom]

No... every child in the lottery would have had an equal chance.

I just found out this issue has been raised in the past. I have decided to go to the school committee meeting and let them know that I feel this is unfair. I don't plan on contacting a lawyer or raising a stink, but I think going forward it should be changed and I plan on voicing my opinion. Once the kids are in 1st - 12th, there is no lottery for classes and they balance it out the best they can. They also have 1/2 day kindergarten classes and don't have a perfect 50/50 pool of kids when deciding the classes. As for the classrooms being gender balanced, well there is now a 1/2 day kindergarten class that may have 6 more girls in it- so much for being balanced!

And no, I am not the type of parent to complain if my kid isn't chosen for something- but if she doesn't have a fair chance you can bet I will complain; and as she gets older if she feels something isn't fair she should stand-up for herself.

Just curious. Had your child gotten in and a different girl rejected, would you complain? Or is it only unfair because you didn't get your way?

 

[Marionnette]

No... every child in the lottery would have had an equal chance.

I just found out this issue has been raised in the past. I have decided to go to the school committee meeting and let them know that I feel this is unfair. I don't plan on contacting a lawyer or raising a stink, but I think going forward it should be changed and I plan on voicing my opinion. Once the kids are in 1st - 12th, there is no lottery for classes and they balance it out the best they can. They also have 1/2 day kindergarten classes and don't have a perfect 50/50 pool of kids when deciding the classes. As for the classrooms being gender balanced, well there is now a 1/2 day kindergarten class that may have 6 more girls in it- so much for being balanced!

And no, I am not the type of parent to complain if my kid isn't chosen for something- but if she doesn't have a fair chance you can bet I will complain; and as she gets older if she feels something isn't fair she should stand-up for herself.

Those "6 more girls" were always part of the kindergarten population at that school. They aren't additional girls. Even if the lottery had been done from a single pool and the gender breakdown had been a true reflection of the girl/boy ratio, there still would have been 4 girls who didn't get into full day K. They still would have had to be integrated into half day K classes. And the school would do their best to gender balance those half day classes so that there wouldn't be 6 more princesses than princes in a single classroom.

 

[SaraJayne]

Just curious. Had your child gotten in and a different girl rejected, would you complain? Or is it only unfair because you didn't get your way?

It's only unfair because her DD didn't get picked in the lottery. Like I said, if DD had gotten picked, no one would have heard a word about it.

 

[GinnyEmma]

It's only unfair because her DD didn't get picked in the lottery. Like I said, if DD had gotten picked, no one would have heard a word about it.

No kidding. Suck it up and realize that you don't always get what you want. And we wonder where the snowflakes come from.