Legal Question in Disability Law in Georgia

I have a son with a learning disability (ADD/ADHD) and has received modified work, tutoring as well as other assistance in school since he was in the 2nd grade.I just was notified that he will be retained in the 8th grade even though he was not given modified classes or assistance. He did fail on the CRCT test but only by a few points( Math- 800 passing, he received 755. Reading 800 passing, he received 797...but again, without his usual modification of use of a calculator for math or a longer span of time to complete his test. Is that going against his protection under the disability act?

Asked on 6/23/11, 1:01 pm

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

No. There is no "right" to be promoted to the next grade level when a student cannot do the work. There are rights of students with disabilities to receive modified instruction. That is something you first need to try to work out with the school, not a message board like this.

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Answered on 6/23/11, 1:35 pm

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