Legal Question in Education Law in California

My child is attending a school in california on an interdistrict permit. We recently had an IEP and he was found eligible for services. Then they dropped a bomb and said that if we sign in agreement for services, that he will not be allowed to attend the school and have to go back to his district of residence. They flat out said that if we decline services, that he can continue at his current placement. Can they do this?

Asked on 5/26/12, 2:09 pm

1 Answer from Attorneys

Allison Arkin Law Offices of Allison Arkin

The school may not condition attendance on an interdistrict permit on your agreement to decline services. If, however, there is a specific program for which your childhood qualifies under special education, and there is not suffiicient space in that program, that may be a basis for revoking the permit. I would ask for a copy of the districts regulations relating to interdistrict attendance to see if anything applies to your situation.

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Answered on 5/26/12, 5:03 pm

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