Legal Question in Civil Litigation in California

Re: School Acceptance

Education Code section 48000 states: "A child shall be admitted to a kindergarten at the beginning of a school year, or at any later time in the same year if the child will have his or her fifth birthday on or before December 2 of that school year." Since your child's birthday is probably on December 3, there is a provision for a waiver on a case-by-case basis. Subsection (b) states: "The governing board of any school district maintaining one or more kindergartens may, on a case-by-case basis, admit to a kindergarten a child having attained the age of five years at any time during the school year with the approval of the parent or guardian, subject to the following conditions: (1) The governing board determines that the admittance is in the best interests of the child. [and] (2) The parent or guardian is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance.

It sounds like they made a decision without taking into account your child's best interests.

Re: School Acceptance

I don't agree with attorney Cohen as the Education Code section he cites appears to apply only to public schools. If I were you, I would bring him back to school and make them throw him out even if he is more traumatized by the experience. Then get an attorney to write (fax) them an appropriately nasty letter on attorney letterhead (maybe this would wake them up and persuade them to admit him). The possible lawsuit would be called, "Intentional Infliction of Emotional Distress."