Legal Question in Education Law in California

Hi my question is regarding my niece whom is a teenager. My sister moved and the day before my niece was suppose to start , her 1st day at her new school she caught a bad case of "whooping cough" the doctor gave us papers and wanted her home for 5 weeks .During this time , my niece father passed away. my niece was totally inconsolable and very depressed we ouldnt even get her out of bed. she was seeing a counselor. etc. . now my niece is coming back around and im upset with my sister because my niece is ready to go back to school however my sister has a lot og guilt due to divorce weeks prior to her ex death and basically "babied" my niece. finally im able to convence my sis to let my niece comr stay with me and im am attempting to enroll her back in schhol. However my sister is scared shes is going to be in big trouble because of the fact she has not been in schhol for soo long . either way im enrolling her monday morning please help tell me what im in for ( or what my sis is in for) also i thought of maybe enrolling her in a charter school or home schooling her for the remainder of the year just to catch her up and maybe avoid drama. im open to any suggestions please help. thanks


Asked on 4/19/13, 10:04 pm

1 Answer from Attorneys

Daphne Macklin Law Office of Daphne L. Macklin

I am a little surprised that school officials have not contacted your sister sooner. You did not state how old your niece is however. Your sister will have problems with school authorities if she does not re-register or re-enroll the child in a school program as soon as possible. While the child had "whooping cough" the child should have been receiving home school services for children with serious medical problems. My deepest concern is for the child who has lost a good deal of the school year for medical and emotional reasons. Steps should be taken to catch her up on her school work or she will either have to attend a summer program or repeat this school year. I would be concerned that your sister is not acting her child's best interests.

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Answered on 4/21/13, 4:21 pm


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