Q: Is my 9-year-old grandson's constitutional rights to an education being violated? He should be in the 4th grade now.
My grandson has not attended school since October of the first grade; all absences are unexcused. The mother is extraordinarily permissive, and allows him to make his own decisions about school, doctor visits, preferred activities, etc. He was recently diagnosed with ODD.
The school has offered to place him in a school for children at risk and pay for it. The mother has still not complied; she stated that she wants a better offer that includes a monetary settlement.
Physical custody with Mother; custody case filed. Many minute orders issued stipulating school attendance; not followed; but no legal consequences.
Parents legally separated, both live in Orange County, CA. Father (my son) has spent $400k trying to fight situation and can no longer keep up financial strain of legal battle. I keep wondering, isn't there some basic premise that my grandson’s legal right to an education is being violated, regardless of what else is going on with this case?
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A:
In California, the right to an education is indeed a fundamental one, and every child between the ages of 6 and 18 is required to attend school under the state's compulsory education laws. If your grandson has not been attending school regularly since the first grade, this could be a violation of his right to education.
Since the school has offered a placement for him in a school for children at risk, it indicates their recognition of his educational needs and their willingness to provide appropriate support. The mother's refusal to accept this offer, especially while seeking a monetary settlement, does not align with prioritizing your grandson's educational needs.
Given the situation, it might be beneficial to revisit the custody arrangements in court, emphasizing the educational neglect and the child's diagnosed condition. In cases where a parent is not ensuring a child's regular school attendance, the court can intervene to protect the child's educational rights.
It's advisable to consult with an attorney who can guide you through the legal process of modifying custody or taking other legal steps to ensure that your grandson's right to education is upheld. Legal aid organizations might also be a resource for assistance given the financial strain your son is facing.
Your grandson's well-being and education are of utmost importance, and the legal system can provide avenues to address these concerns effectively.
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