Expert: Michael Troy - 8/8/2006

Question
Are there any circumstances where a public school admin. can release a student to an 'unauthorized' person? A few months(Feb)ago early dismissal due to inclement weather...I contacted school from my Dr.'s ofc. upon learning of such. My son was to wait for me in ofc. I arrived and informed by Princ. that he had ordered my son to leave as Princ. was anxious to get home. Princ. said he could not remember name of 'unauthorized' person. 15-20 mins. spent requesting name of person..to no avail. My son is 13w/congenital heart prob. & respiratory prob. He was dropped off @home. Remained outside in 32temps freezing rain/snow for almost 2 hrs. He had told Princ. he did not have house key w/ him. I complained to Dist. re Princ. Princ. retaliated next day by demanding proof of resdcy. I had provided address b4 moving into new home(01/2006)I move into a new home which Dist. approved of add. first, however, my son was kept from attending school for over 30 days due to District. Dist. gave me 'run around'. I decided to contact any agency I could via ltrs. phone calls.
Same Princ. rec'vd directives from Dist. to accept son back (03/20). Princ. very hostile during meeting w/me and son. Princ. ordered me and son off campus, by calling school police, etc. (w/out any provocation) Princ. manner outrageous, mean and abusive. Filed complaint. 08/02 registration day for students. I am informed by school that my son cannot return. (no reason given) I clled Dist. asked for Super or Asst Super. No return phone cll to date. Informed by Asst Super's sec on 08/07 that she (Asst. Sup)was unwilling to make appt to meet w/me. Informed by Super's sec. that he won't be taking phone clls or making appts. for next 5 to 6 weeks.Today is first day back to school...my sons couldn't start. The high school ofc sec. informed me that we do not live in the county. Dist. informed me b4 we signed contract that the new address was fine..the county services the area. I believe Dist is discriminating against my family because we are African-Americans. There are so many students (White) who attend the county's school who do not live w/in the school district area. Dist school board will not respond. This is not fair. You are the expert...help! My sons need to be in school. My sons are not troublemakers in case you wonder. My older son is a Jr w/a 3.83 GPA, football player and track (discus). My younger son is an honor student and plays Trombone for the Marching Band at school. I believe that this Dist. is targeting us. They do not care about the damage they have caused. Every child deserves a quality education. However, since moving to the South esp. this area the media and other parents cry out in protest to the District's goal to 'STOP' African-American students from crowding the schools...and bringing them down.

Thank you for your consideration. Obviously, time would not allow me to give you more details.  

Answer
Hi there,

It sounds like there are a number of issues here.  As with many discrimination cases, it could be that the Principal and others are just legitimately enforcing the rules, or don't like you personally, neither of which is legally actionable.   But if your minority children are being treated differently from non-minority children in the same situation, that, at least on its face, sounds like discrimintion.  You may want to contact your local NAACP or ACLU to see if they can recommend a lawyer to look into things further and see if you have a case.

Good Luck!
- Mike