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 I am worried that they might claim that I have withdrawn my child from school, and, that she is, therefore, no longer eligible to attend preschool within the district, without restarting the assessment process etc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.