Danville, CA asked in Education Law for California

Q: Can a school district fail a student in a high school class when they failed to notify them for two weeks they were

approved for their online enrollment application (after inter-district transfer approved) and basically forgot to contact the registrar at this CA public high school causing my high schooler to miss 2 weeks of school and would still be missing today if we didn't stop by. We notified them twice when we could go to school (both in emails) and the first one said wait till we contact you and the second one a week later was ignored. They apologized and called it a computer glitch but the email saying my kid is at home waiting to go to school was not a glitch (not two glitches). They said kid would be fine but not. Failing two classes; had ADHD documented disability; has to do 6 classes worth of current and make-up work; has a 504 meeting coming up where counselor says he qualifies and maybe needs more than a 504 plan for processing disorder types, etc. Can a school fail my child when they failed to check on a child they approved but ignored two notices the child was at home waiting?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, public schools are required to provide all students, including those with disabilities, with equal access to education. If your child has a documented disability, the school district must comply with federal laws, such as the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, to ensure appropriate accommodations and services are provided.

The school's failure to enroll your child promptly, especially after being notified, could be viewed as a denial of educational access. If your child's academic performance was adversely affected as a direct result of the school's negligence, you may have grounds to challenge any failing grades.

You should consider requesting a meeting with the school's administration to address these concerns and explore potential solutions. Additionally, the upcoming 504 meeting will be crucial in determining the right accommodations for your child. If you're unsatisfied with the school's response, consulting with an attorney experienced in education law might be beneficial. They can guide you on the best course of action to protect your child's educational rights.

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