My question involves education law in the State of: New Jersey
My daughter is in an out-of-district school because she has Asperger's Syndrome. While she was on an overnight, out of state class trip, my daughter broke her ankle. When it first happened (on a wed evening), they thought it was just sprained. The next morning, my daughter called me and told me she sprained her ankle. The director of the school was with her and said she was getting the gym teacher to look at her ankle. There was a lot of commotion in the background so I said to my daughter after the gym teacher looks at her ankle and decides what would be best and how to proceed - the options were leave her at the hotel while the rest of the school went on tours, take her to the ER for x-rays, or for me to pick her up. So....at this point, I only person that contacted me and whom I spoke with was my autistic child who said her ankle was sprained, little swelling, no bruising. After hanging up, I went about my day and never heard anything back so I thought that my daughter went on with the school to take the tours they had planned on taking that day. Two and a half hours later, I get a text message from my daughter saying she fractured her ankle. No one called me to tell me she was even going to the ER, I did not get any call from any hospital personnel as well. So I tried calling her once I received the message, called the director, and called another teacher whos cell number I had and got no answer. Another hour goes by and I was finally able to get threw to my daughter, who was back at the hotel room. The teacher made her comfy and joined the rest of the school on the tours. Still, at this point, I had not gotten any calls from any staff at the school. The only thing my daughter was able to tell me was her ankle was fractured. So, I had my sister pick her up (she lives in VA and was closer to my daughter than I was) and met me half way. Over the period of 3 weeks, I have called the school numerous times to try to get an answer as to why I was never called regarding her injury and was told first that it was a miscommunication, then I was told that it was against HIPAA regs to inform me about her injury, and then I was told they have a written statement from one of the teachers stating that he did in fact call me and spoke with me. I told them he did not and that I can prove that no calls were placed to me by phone records so if he can produce phone records showing he did in fact call me, then please produce them.
Can any action be taken against the school for this? I'm not talking about just the possibility of a lawsuit, but are there any charges that can be brought against the school? Or is there cause to request an investigation?
Thanks in advance and I will try to answer any questions regarding this if anything is unclear.