Legal Question in Education Law in Pennsylvania

Special Education - Placement

My son's 10th grade Hon. Chem & Hon. Geometry teachers did not recommend him for Hon. Physics & Analysis because of 27+ days' absence. IEP provides supportive tutoring.

LEA's position is that the classes are a piviledge, not FAPE. Thus they have no legal obligation to provide the Hon. classes.

Is it worth it to fight this placement? (He has been placed in college-prep courses)


Asked on 8/26/07, 9:17 am

1 Answer from Attorneys
CHARLES WEINER Law Office of Charles Weiner

Re: Special Education - Placement

I presume that you are in CR South. Without more information particularly regarding the IEP it is difficult to answer the question. While gift education is not a civil rights law like special education. The PA School Code does contain provision for gifted education which cannot be administered in an arbitrary fashion. If you are interested in discussing this further, feel free to call me.

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Answered on 8/27/07, 8:02 am


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