Legal Question in Education Law in Pennsylvania

Can a Catholic school withhold child's records until tuition is paid in full?

I am taking my kids out of Catholic school and putting them in public school due to an abusive teacher ordeal. My son needs to betested by the school district for an audio processing disorder and they need to have his records a.s.a.p. for this. I was planning on having another month to pay balance of tuition (1400 still due and 3000 already paid). Can they legally withhold records?

Secondly what recoure, if any, do I have to recover co-pays for doctors visits, lab fees and perscription medication for nervous stomach diagnosis due to this psychotic teacher? The Principal admitted that the teacher in question has been abusing students for over seven years. Many parents(literally hundreds) over the years have fought the dioses of Pittsburgh to have her removed but they say they can't because she will sue...another Catholic scandle waiting to happen...literally hundreds of kids w/ nervouse stomache issues and anxiet issues due to this teacher...many parents willing to sign petions, depositions, affidavits ANYTHING NECESSARY to stop this abusive behavior...threat and humiliation based learning. The Principal says that they taken diciplanary action but nothing works. HELP PLEASE!!! What are my rights, if any?


Asked on 6/13/06, 2:51 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Can a Catholic school withhold child's records until tuition is paid in full?

I would say that they cannot withhold educational records if that impacts negatively on the child's education. However, I would want to know if you signed some sort of contract saying that they can withhold records if monies aren't paid. Unlike public schools, private/parochial schools aren't subject to many of the same laws which protect parents and students.

If it can be shown that the school knew about the problem with the teacher and did nothing (or nothing substantial) and this caused you damage, then you may have a case to recover any of your costs. Don't limit it to what you've identified. What about the audio processing disorder? Perhaps this was made worse by the teacher as well?

I would want to see the contract that you had with the school, what they promised in the contract, and what you agreed to, to determine how successful any suit would be.

At the very least, you have some leverage to get your records.

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Answered on 6/16/06, 6:13 pm


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