Anaheim, CA asked in Education Law for California

Q: For a student on home hospital, can the resident district refuse to provide work?

For a student who needs to be on home hospital, I saw on the edu FAQ page that while the district of where the hospital is located is responsible for his education during his stay, he “may” continue to stay enrolled at his original school of residence to facilitate an easier transition back once he returns home. Is the decision to stay enrolled at his current school up to the parents or the school district? Can the current school district of residence refuse to provide him with school work?

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James L. Arrasmith
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Answered

A: In California, the resident school district cannot refuse to provide schoolwork for a student on home hospital instruction, as this is protected under California Education Code Section 48206.3.

When your child needs home hospital instruction due to temporary medical conditions, you as the parent have the right to choose whether to keep them enrolled in their current school or transfer them to the hospital's district program. This choice helps ensure continuity of education and supports your child's eventual return to regular classes. The resident district must provide either direct instruction through a qualified teacher or appropriate educational materials if they remain enrolled.

If you encounter resistance from your district, you can reference the California Department of Education guidelines, which state that districts must provide instruction for students expected to be out of school for more than two weeks due to temporary medical conditions. Should you need support enforcing these rights, consider reaching out to your county office of education or filing a formal complaint with the district's compliance officer.

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