Legal Question in Education Law in New York

failure to educate

child attends montessori school for two years, is promoted to 1st grade,(original teacher has left) now new teacher wants to place with preschool. teacher is only trained one year montessori, is over matached.

School has not addressed this in writing to us, nor did school receive our permission to so. Child reveled during pick up 9/18. School is private. Contract says we must pay full year even if we withdraw our son. Did the school fail the child?


Asked on 9/19/06, 6:12 am

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: failure to educate

What do you mean the child "reveled"?

It sounds like you need to request an impartial hearing under the IDEA; has your child been evaluated for special ed and does he have an IEP?

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Answered on 9/19/06, 1:46 pm
Jason Stern Law Offices of Jason Stern

Re: failure to educate

Since your child attends private school and your grievance is with the private school, it has nothing to do with an IEP or the school district. This is a private contractual matter. The first step should be requesting a refund based on the school's recommendation that your child repeat the grade. If you need further assistance, you may contact me via email. Good luck!

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Answered on 9/19/06, 3:09 pm


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