Expert: Norm Bishop - 4/4/2010

Question
My son was recently suspended from an art school.  In the course of speaking with the registrar, we viewed his academic records.  We were shocked to see they had allowed him to withdraw from courses without our knowledge and we will have to pay for on the parent loans.  A FERPA was in place from the start of his college entrance.  The reason for his suspension was 4 absences - due to the stomach flu in January and then the respiratory flu in March.

We were also told at this late date that our son could have taken 2 courses but be listed at 3 for the purpose of the federal loan.  

My question:  Can we sue this school for not informing us prior of a poor GPA at mid term and suspension?


Many thanks...

Answer
FERPA is the Federal law that protects confidential school records.  The Family Education Rights Protection Act, FERPA has very specific and stringent rules that every college or university teacher is trained on each year.  Knowing that, the parents have the right to act for their child as long as the child is not of the age of independence, in most states, a child is considered a legal adult at age 18.  The only exception would if you have gone to court to maintain guardianship for a variety of reasons.  Schools often give the parent the option to obtain information, but to do so require the permission of the student, typically done at registration.  That is not a legal requirement.  The school would have to not release any information that your son specifically stated as such.

Can you sue the school...yes, through civil court, however, if it is because of a FERPA violation you would most likely lose, unless you legally retained guardianship.  

I don't know enough about the federal loan system to comment on that part of your son's problem.  Those rules are usually understood by school officials, so they are probably correct.  I don't know of any case where a student drops out that the federal government has asked for the money back, they do expect payment of the loan and, depending on the type of loan, comes due from date of withdrawal in school to 9 months following.  

The one recourse that you may have is a Civil Rights Violation.  In that your son is diagnosed with ADHD (documented) you can file an official complaint with the Office of Civil Rights.  Section 504 of the Rehabilitation of the Handicapped Act requires schools who accept federal money in any form to not discriminate against any student with a diagnosed disability.  They are required to make "reasonable accommodations" to ensure that no discrimination occurs.  So, if you or your son informed the school of his ADHD upon enrollment or at any point after, and they failed to make reasonable accommodation, they have discriminated against him because of his disability.  The Office of Civil Rights has sweeping powers similar to the IRS, so they can have a huge effect upon a situation.

The keys for you are:  1) Does the school accept federal money; 2) Was the school informed, preferably in writing or in presence of witnesses, that your son has ADHD and that he needed reasonable accommodations.  Schools usually have a Disabilities Coordinator who would be involved when your son requests accommodations.  They can range from tutoring to longer time for tests, etc.  

Of course, if he is under 18 or you have retained legal guardianship, the school has directly violated FERPA and I would contact an attorney if I were you.

I wish you luck...obviously the registrar needs training in what ADHD is!

Norm