Ithaca, NY asked in Family Law and Education Law for New York

Q: I have an ACD for my daughter missing too many days in school due to metal health issues. They keep violating me.

She is almost 16. (5 months) and now wants to drop out due to the legal pressure and due to her mental health. Can they still keep this case on me if she does? They gave me educational neglect! This is all mental health related so why is it a crime against us? Also, They did not give her an IEP. I don’t want her to drop out either and am trying my best to get her the help she needs. But they still are violating me and trying to jail me because her attendance is still poor, but I’m doing everything I can!

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • Education Law Lawyer
  • New York, NY
  • Licensed in New York

A: Why is it a crime? Because that is how the system works. If she has an IEP, you need to call an emergency CSE and get placement so there is no neglect. If she has no IEP, you must demand an immediate educational evaluation. Then, do whatever they say to save yourself. On dropping out, it is possible at 16, but you really need to consider if that is what you want for your daughter. The economic future for a dropout is bleak.

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