QUESTION
Can the school deny my special education child ability to attend and what can I do?
Asked on Jun 16th, 2015 on Litigation - California
More details to this question:
The principal made it a condition that in order to attend public school full time, my son must "volunteer" to work as a dishwasher in the cafeteria three days a week. He is a special education student. Can they do that?
8 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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That would be a no.
Answered on Aug 27th, 2015 at 7:13 PM
Ronald A. Steinberg
I believe that it depends on the level of your child's special needs. The "volunteering" could be a way to help him learn to socialize with the regular students. I suggest that you discuss this with the principal and with your child's medical/psychological professionals to determine if it is in his best interests.
Answered on Jul 28th, 2015 at 1:50 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I have never heard of such a thing, but then again I don't know what city or state you live in. Contact the local Board of Education and your state's Department of Education and ask if there is some regulation allowing such a policy. If so, make them give you a copy. I'd also inquire with the state Labor Board, as this is both child labor and unpaid labor. Qualifying this as "volunteer" work is incorrect, as your son is being required to perform the work. Work that your taxes are supposed to be paying for. Also, is there such a requirement for non-special needs children? If not, then why the difference? If you get the run-around from the agencies mentioned above, go to some elected official such as your state legislator. Check to find out if there are any disability advocacy groups in your area. If necessary maybe some news agency would find it interesting to report on. Good luck.
Answered on Jul 28th, 2015 at 1:50 PM
James Eugene Hasser
There are some special federal laws dealing with special ed students. Consult a civil rights lawyer.
Answered on Jul 28th, 2015 at 1:49 PM
If it is a public school, I seriously doubt any student can be forced to do any work beyond normal homework. ?Ask the principal the legal basis of his demand, whether he will waive any legally valid requirement for your son and why not. ?Can your son do the dish washing? ?If the principal has the legal right to demand it and your son can do it, why should your son be excluded
Answered on Jul 28th, 2015 at 1:49 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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I don't know if there is a rule/regulation/policy allowing that requirement and I don't know that your son has any problem doing it.
Answered on Jul 28th, 2015 at 1:49 PM
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Bulman Law Associates PLLC
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I doubt it. Call the Montana Superintendent of Schools in Helena and explain your situation.
Answered on Jul 28th, 2015 at 1:49 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Probably not unless the principal can refer to some policy or program that finds that it is in the child's 'best interest' to assign them certain hours of work. You might want to consult a lawyer versed in education or disability law in your vicinity.
Answered on Jul 28th, 2015 at 1:49 PM