Before a lawyer,
1/19/00 4:39 PM
I haven't had a chance to read all the posts yet, so I apologize if I am doubling up here. My first thought was like the first few messages, get a lawyer!. Then I backed up a minute and thought more about it. (I am a licensed attorney but have chosen not to practice - a whole other story . . .) Even if a lawsuit would allow you to keep your child in the school (and that is a big if) you would still have to deal with the fractured relationship she and you would have with the school. I wonder if there is a better way. It sounds to me like they are just afraid. Fear is typically caused by a lack of information. Can you schedule a meeting with some key players at the school, maybe even have her dr. present, and provide them with an abundance of info. Explain how this is really quite similar to many other, more common, medical conditions - asthma, diabetes, allergies etc can all require quick medical responses. If your child is throwing up or feverish, you would come get her just like any other parent. If there was a big accident, they should call 911 just like they would for any other child. If you are in a small town, can you work with the emt on the injection issue? Also, how far away from her will you be? Can you get to her quickly in case of an emergency? Can you carry a beeper to increase their comfort? I am just brainstorming, but their seem to be many solutions better than a lawsuit. I always learned that legal action works best in situations where there is no ongoing relationship between the parties. If the parties wish to continue in a relationship, it is best if they can come to a conclusion together that satsifies everyone's interests. Sorry so long, but one last thought. There is a style of negotiation called "interest based" bargaining. In short, it involves getting beyond the "position" and into the "interest". If you can get beyond the positions (typically by asking why) and get to the interests you have a better chance of being successful. e.g. they want to expel her (a position). why? they fear a lawsuit if she is injured (an interest). Can you meet their interest by giving them ideas for successfully getting through an injury. (not to mention hinting they will be sued if they expel her, not if they keep her :) I have used this style of negotiating many, many times, and it really does work. It keeps people from locking into their position or refusing to budge because they would lose face. Good luck! What a hard thing to have to face on top of adjusting to a new medical condition. Hope my message is not too invasive.
Chris D
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