Legal Question in Education Law in California

My child's interdistrict permit was revoked due to "attendance" and "citizenship" however they know about the disability of ADHD that is a major influence on his behavior and his attendance. Medical documentation was submitted by his doctor and after he was found I eligible for iep services I requested a 504 and on 06/09/14 and they ignored it. I appealed their revocation decision under the circumstances that they failed under FEPRA law to allow me to review in complete my sons student cumulative record requested on 4/24/14. It is like they are hiding his disability in the cumulative record by not allowing me to see it in full because what they will find, is that his disability they were aware of since 2012 is related to behavior/attendance due to medical appointments. What shall I do.

Asked on 8/01/14, 8:26 pm

1 Answer from Attorneys

James Goff James R. Goff, Attorney at Law

You can contest decisions regarding either 504 or denial of FAPE (free appropriate public education) by requesting a due process hearing from the school. If revocation or denial of his inter district transfer is in the form of a disciplinary action you can contest it based on his special education eligibility, I.e., that his behavior was a manifestation of his ADHD or OHI condition. Under special education laws you have the right to request and see all of his school records within 5days of your written request. If the district fails to comply, you can file a compliance complaint with CDE (California Department Of Education) which will order compliance with your request to review the records. Failure to comply with the request for records can also be added to a due process request for denial of FAPE. If you go online to you will find forms for requesting a due process request re denial of FAPE, you will also find a list of attorneys who will help on reduced fee basis. A due process for denial of 504 protection does not have a form but you can use guidelines from OA H (Office of Administrative Hearings) form to draft a 504 due process request which again is filed with school district. The special education due process request for denial of FAPE is filed with OAH. See instructions and form on website. Good luck.

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Answered on 8/03/14, 12:51 pm

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