Q: Can a child with an IEP ever be kicked out of a school because of it?
The child was attending an out of district school with the school's consent (a fairly routine practice at this school) which can be verified. He attended the school in district for three quarters of the school year with an IEP. In such a situation can they choose to force the child out because of his disability? There is written communication that it was explicitly because of his disability and not because he had moved outside the district.
A: Were they stating that they lacked the resources to educate the child? This might be an ADA violation. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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