Legal Question in Education Law in New York
holding a 5th grade child back
Who has final say- the parent or the school- My daughter has Audtory processing disorder and is in an IEP program. She suffered some set backs due to illness, loss of teacher, catstrophic accident of father and is now at a 3rd grade reading level and clearly not ready for the 6th grade-I have her in a very comprhensive turtoring program outside of school to help close the gap-but it's not enough- I want to hold her back-the school keeps to pushing her forward- who has the last legal say-before an attorney steps in.
1 Answer from Attorneys
Re: holding a 5th grade child back
The Public school has the last say thru its SEPTA committee. If you want her held back you can appeal the decision to the State Ed Commissioner and you can sue them or move her to a private institution.
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