Need advice......maybe legal

[live4christp1]

First off we live in Tennessee.

Our kids have attended a small private school, DS for 8 years, DD for 2. Due to some changes in DH's work.....down economy......electrical work......we are unable to afford the tuition anymore.

We enrolled them public school this year.

We do owe the private school part of last years tuition and have paid on it a little at a time as we have funds.

Well, the private school is withholding the kids records from the public school.....if the public school doesn't get the records the kids can't go there. The private school had already sent notices saying that the kids could not return to school there until the balance was paid in full.

Can they legally withhold the kids records from the public school? I am not asking them to hand them over to me but did go through the public school and fill out the request/transfer forms.

Somehow I don't think that they can do this.

Please help!!!!!!!!

Cristy

 

[*JoGo*]

My sons also attend a private christian school. It states on the contract that should we withdraw our children, records will be held until our account is paid off. BUT I know my sons' school will (and has) work with families, especially when withdrawing b/c of finances.

Have you met with the administrator? You should set up an appt asap, explain why your children are not returning, and ask to set up a payment plan.


edit to answer your question: have you read your contract and the handbook? if holding records are written in either of these, yes, it is legal as you agreed to abide by those terms by signing the contract/enrolling them in the school. it's a written contract.

But again, I strongly advise you to meet w/ admin and ask to work out a payment plan.

 

[Sparx]

i worked in a high school guidance office over the summer, and yes, they completely can. i've had colleges withhold my transcript if there was a "hold" on my account (meaning my bill hadn't been paid in full.) the only time i've had a "hold" it was $3.50 left over on a small surcharge. so yes, they're very serious about those holds.

also, is the private school they attended accredited? we had an upcoming senior girl try to transfer into our public school from an UNACCREDITED private school, and all that that means is that her parents paid a lot of money for a useless education. we couldn't honor any of her credits (she later had something worked out that didn't make her repeat the last three years of high school, but really, why would you want to go through the hassle?)

 

[NHdisneylover]

I think the private school is well within their rights. I find it odd that a public school could refuse to enroll your children even without the records. You live in the district and pay taxes there and the kids need an education, right? I would double check with the public school on this and ask to be shown the law which says your children will be denied a free, public education if you do not have records from their previous schooling.

 

[swanmom]

starting over..........hit the quote button wrong!

 

[SaraJayne]

Really? Honestly, you have NO idea what the financial situation is for this family. The trip may already be paid for. I very rarely post on these boards, for the above reason, but this one really set me off.

OP - Yes, unfortunately the school is probably well within their rights to withhold you children's records. However, I am not sure the public school can prevent your children from attending just based on the fact that they don't have previous records. I would think you would need to provide them with immunization records and proof of residency, but I don't think they NEED the previous school records just to enroll them. I would certainly have a sit down with an administrator.

If you can't pay your children's tuition to private school, you absolutely should not be going on vacation ~ period.

And to the OP, yes, the school is well within their rights to withhold the records. When you pay up, then they'll be released.

 

[EthansMom]

Check the contract you signed with the school. It likely lays out the details of your agreement.

Have you given the private school notice that your children won't be returning? Personally, I would schedule an appointment with the principal of the old school, let him know your situation, and if necessary, offer a good-sized partial payment toward the debt if he will release the records.

We don't know your full financial situation. But I agree with the others that meeting your current obligations is more important that a vacation.

 

[bjgrazi]

Really? Honestly, you have NO idea what the financial situation is for this family. The trip may already be paid for. I very rarely post on these boards, for the above reason, but this one really set me off.

If the trip is already paid for cancel, get a refund and pay the bill. Problem solved.

 

[MOMTOMOOTOO]

If the trip is already paid for cancel, get a refund and pay the bill. Problem solved.

And by the off chance that it is a gift trip, ask the giver to pay the tuition in lieu of the vacation.

 

[bjgrazi]

And by the off chance that it is a gift trip, ask the giver to pay the tuition in lieu of the vacation.

 

[MOMTOMOOTOO]

to you too

 

[Lisa loves Pooh]

1. Find a way to pay the bill....

2. While you are figuring out #1, search through your personal records for any progress reports or report cards that your children received this past year as well as final report cards for the 2 years prior as evidence of where your children stand.

3. As far as I know--if the children would otherwise be able to attend the school, the school should be able to transition the students without formal records. The school just needs proof of where the children are at and nothing more. I went to 10 schools growing up and more often than not, we did not travel with a big portfolio.

4. Review the legal requirements of your state for enrollement in a public school as well as any law that restrict the districts to require anything above and beyond the state law. For example--I am a homeschooler and I must abide by the laws of the state of Florida concerning homeschooling. The districts are not permitted to create any additional requirements that tickle their fancy. They must abide by state guidelines.

If you give me your state, I can look them up for you (just to give you additional information. I have no way of knowing if it will be helpful or not.)

 

[MOMTOMOOTOO]

Didn't the kids already start school? Can they be expelled?

http://www.disboards.com/showthread.php?t=2253642

 

[Lisa loves Pooh]

Applicable law:

http://www.tennessee.gov/tccy/tnchild/49/49-6-3001.htm


c) (1) Every parent, guardian or other legal custodian residing within this state having control or charge of any child or children between six (6) years of age and seventeen (17) years of age, both inclusive, shall cause such child or children to attend public or non-public school, and in event of failure to do so, shall be subject to the penalties hereinafter provided. The LEA in which a transfer student seeks to enroll may require disclosure and copies of the student's records in accordance with the Family Education Rights and Privacy Act (20 U.S.C. § 1232g et seq.), including, but not limited to, disciplinary records from educational agencies where the student was previously enrolled.


So they can require it--now it is a matter of how they can facilitate you until you can pay your bill.

Will look some more.

 

[Lisa loves Pooh]

I doubt this will be helpful to you--but it is another law that exists in Tennesee. It is lengthy, so I don't know if it even applies in your case, but providing the link for your FYI:

http://www.law.cornell.edu/uscode/20/1232g.html

§ 1232g. Family educational and privacy rights

(If your private school doesn't receive ANY state funds--then that law probably will not apply. But I didn't read the whole thing.)

******

For attendance purposes---this will apply:

http://www.ed.gov/pubs/RegPrivSchl/tennesse.html

Recordkeeping/Reports: Principals and teachers of private, denominational or parochial schools must report to the local superintendent the names, ages and residence of all pupils in attendance at their schools within 30 days after the beginning of the school year. Tenn. Code Ann. § 49-6-3007(c).

All private and parochial schools shall keep daily reports of attendance, verified by the teacher making such record and open for inspection by the local superintendent. Tenn. Code Ann. § 49-6-3007(d). Private schools are under a duty to report promptly to the local superintendent the names of students who have withdrawn or who have been absent 5 days without adequate excuse. Tenn. Code Ann. § 49-6-3007(e).

If your children haven't been reported--then that is would be "temporary" evidence that their attendance was not an issue.


It doesn't seem that there is anything to obligate release of the records--so the key is to get the public school to "work" with you and find a way to pay your bill.

The alternative if you are still refused admission is to homeschool your children in compliance with the laws of the State of Tennessee until you can pay your bill and get your records to avoid truancy issues.

 

[IDoDis]

First off, the public school CANNOT deny your children entrance. Federal law states that, "Every child has a right to a free and appropriate public education regardless of ability, ethnicity, or socioeconomic status." The public school can have access to your records as per FERPA (Family Educational Rights and Privacy Act) guidlines, but the school cannot deny your child's admission if the private school will not produce the documents. Sounds like the private school is trying to get you to pay so they are telling you this (and not giving the new school the records) in hopes that you'll pay, but the public school CANNOT deny entrance.

As a matter of fact, a public school cannot deny entrance to illegal immigrants who show up with NO documents at all. The school office cannot even ask the family for papers to prove citizenship/green card status and cannot question the children. So they surely cannot deny your children a public education. If they are, then you would have a gigantic federal lawsuit.

Second, if the OP has the means (ie - using your vacation money even if the vacation is paid for and you lose a deposit) to pay the private school bill, then that needs to happen, as well. From what the OP stated, she owes this money from the last school year, so if she owed this money and was not paying it on time, but was also paying for a vacation. If this is the case, then she is wrong and needs to pay the school for the services they provided to her children.

 

[IloveDMB]

Really? Honestly, you have NO idea what the financial situation is for this family. The trip may already be paid for. I very rarely post on these boards, for the above reason, but this one really set me off.

Well actually the OP makes it perfectly clear what her financial situation is-

1) She owes money for her children's private school tuition

2) She is going on a WDW trip in 4 months time.

Doesn't seem too confusing to me. Number 2 shouldn't happen if number 1 isn't paid off. And even if the trip is paid off, they can still cancel, 4 months is plenty of time to get your money back.

 

[jd_mouse]

Sorry, OP.
My best advice for you is PAY THE TUITION YOU OWE.
It is financially irresponsible to have taken a vacation in June, have one planned in the next few months, and to not pay what you owe for education and services your children have already received.
You asked.

 

[Lisa loves Pooh]

First off, the public school CANNOT deny your children entrance.

Techincally they aren't denying it. They are awaiting records that she cannot provide.




She can probably pay her bill quicker than forcing the issue legally.

 

[DawnCt1]

Really? Honestly, you have NO idea what the financial situation is for this family. The trip may already be paid for. I very rarely post on these boards, for the above reason, but this one really set me off.

OP - Yes, unfortunately the school is probably well within their rights to withhold you children's records. However, I am not sure the public school can prevent your children from attending just based on the fact that they don't have previous records. I would think you would need to provide them with immunization records and proof of residency, but I don't think they NEED the previous school records just to enroll them. I would certainly have a sit down with an administrator.

I agree with you. It seems that her children are entitled to a public education and they should be enrolled.