Results 1 to 4 of 4
  1. #1

    Default If You Disagree Over an IEP Can You Decline to Send Your Child to School

    My question involves education law in the State of: California.

    I have a preschooler who attends an SDC preschool with our local school district. Her IEP is in dispute and we are probably headed to due process. She is pre-verbal and I do not wish to send her to this particular school anymore. I am uncomfortable with the attitude of the staff towards me, and am wary of sending my helpless child there. I am seeking a different placement altogether for my daughter, as a matter of fact.

    I would like to know what the attendance laws are for preschoolers in special education. The school is confusing me. The attendance clerk quoted state laws to me (supposedly a child can be absent for no more than 10% of school days per school year), but also disclaims that this law is only applicable to kids 6 yrs old and older, and not for preschoolers, because preschool is not mandatory in the state.

    I am very worried. Can I keep my child home until we have the IEP meeting to resolve our differences ? Would informing the school of this decision affect my child's placement in any way, shape or form ? I am worried that they might claim that I have withdrawn my child from school, and, that she is, therefore, no longer eligible to attend preschool within the district, without restarting the assessment process etc all over again.

    Please help. Thank you in advance for your advise in this regard.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: If You Disagree Over an IEP Can You Decline to Send Your Child to School

    A dispute with the school doesn't excuse you or your child from the state's mandatory attendance laws. Perhaps it's time for you to consult a lawyer.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,931

    Default Re: If You Disagree Over an IEP Can You Decline to Send Your Child to School

    Quote Quoting SpecialChild
    View Post
    My question involves education law in the State of: California.

    I have a preschooler who attends an SDC preschool with our local school district. Her IEP is in dispute and we are probably headed to due process. She is pre-verbal and I do not wish to send her to this particular school anymore. I am uncomfortable with the attitude of the staff towards me, and am wary of sending my helpless child there. I am seeking a different placement altogether for my daughter, as a matter of fact.

    I would like to know what the attendance laws are for preschoolers in special education. The school is confusing me. The attendance clerk quoted state laws to me (supposedly a child can be absent for no more than 10% of school days per school year), but also disclaims that this law is only applicable to kids 6 yrs old and older, and not for preschoolers, because preschool is not mandatory in the state.

    I am very worried. Can I keep my child home until we have the IEP meeting to resolve our differences ? Would informing the school of this decision affect my child's placement in any way, shape or form ? I am worried that they might claim that I have withdrawn my child from school, and, that she is, therefore, no longer eligible to attend preschool within the district, without restarting the assessment process etc all over again.

    Please help. Thank you in advance for your advise in this regard.
    The compulsory school age in CA is 6 years old. Therefore your child cannot be forced to attend preschool. However, you are correct that if she does not attend, it may be taken as you withdrawing her.

  4. #4
    Join Date
    Sep 2009
    Posts
    424

    Default Re: If You Disagree Over an IEP Can You Decline to Send Your Child to School

    My son was in an unsafe placement in 4th grade. I took him to his specialist who determined that the issues at school were having a significantly negative impact on his health and wrote a letter to put him on homebound until the end of the year (about 6 weeks) and I spent those 6 weeks working with the school to solve the problems. (Teacher ended up fired and all aides were transferred.)

    Have you tried just a 1:1 meeting with the special ed director? You will have many, many more years working with the schools to help your daughter. It is a fine art to determine which battles you have to fight and which to let go. Building a relationship with the special ed director can do wonders in the long run for your child. Remember that she/he went into special education because she/he wanted to help special children succeed. Start there -- two adults meeting to help a child succeed -- then work until you find agreement on how to do that.

    1. Sponsored Links
       

Similar Threads

  1. Termination of Support: Child is in College, Does the Custodial Parent Have to send Him the Child Support
    By mikez1960 in forum Child Custody, Support and Visitation
    Replies: 8
    Last Post: 09-17-2012, 08:24 PM
  2. Interstate Issues: Child Attending School and School Lied on Forms to Get Child Support
    By Booner in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 08-29-2012, 05:52 PM
  3. Parents Disagree Over Child's Diet
    By PCMom in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 04-13-2010, 12:20 PM
  4. How To Send A Child To Boot Camp
    By willrr in forum Juvenile Law
    Replies: 2
    Last Post: 11-23-2007, 09:36 PM
  5. Parents disagree about medicating child with ADD
    By kriky in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 03-21-2006, 10:27 AM
 
 
Sponsored Links

Legal Help, Information and Resources