What if I disagree with the school's assessment regarding my child's ability to attend public school?

Written by FreeAdvice Staff

Public schools are not allowed to discriminate against any child, regardless of whether or not the child has a criminal history or a medical condition that requires special attention, so long as the school has the faculty and the facilities to accommodate the child’s needs. As such, if your local public school tells you that your child can no longer attend school, you need to know why and you need to understand whether the school's actions are legal or not.

The Rules for Public School Assessments

In certain instances, a child may be expelled from school because of behavioral problems. This essentially means that the school has assessed the conduct and behavior of your child and has determined that he or she is not a good candidate for public education and that his presence in the school is disruptive to the other children.

If your child is expelled, meaning barred from continuing and/or graduating, there are ways you can fight if you do not believe the assessment of his or her behavior was appropriate. An expulsion of your child for an act that doesn’t warrant expulsion can be appealed in many cases through a sit down meeting with the principal of the school. Through a discussion regarding your child’s future behavior, most expulsions can be reversed. However, if the school is unresponsive to your plea for your child you may appeal the decision before the school board in the school district in which you live. You will be given the opportunity to speak, as will your child, and a decision will be made.

If, on the other hand, the school informs you that your child is not allowed to attend the public school because of special educational or physical needs, you need to know what your rights are according to the school district bylaws, as this may be a violation of anti-discrimination laws, depending on the situation.

The best thing to do if you are uncertain of your rights is to contact a lawyer for assistance.

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