carlafred
asks:
Q:
6th Grade child being retained by school. What rights do parents have to fight this?
My 6th grade child is being retained by her school. She has always had difficulty learning in a classroom setting. I have ask the school that she be tested for a learning disbility and of course this cannot be done until after school starts. They feel that she is young enough to be held back. She is currently tutoring at a learning center 2 x week and was tested posibitive for a L.D. I feel that with this extensive tutoring and the testing results she should be able to move on to 7th grade with her classmates. She is being punished for something that is not in her control. What rights do we have as parents to get her through to the next grade?
In Topics:
Learning issues and special needs
> 60 days ago
What the Expert Says:
Resources:
Additional Answers (4)
Carla,
As a parent of a student with special educational needs you are afforded various rights and protections under The Individuals with Disabilities Education Act (IDEA) (20 U.S.C. Section 1400 et. seq.). IDEA is the federal law which requires States receiving federal funding to make a âfree appropriate public educationâ (FAPE) available to all children with disabilities residing in the State. (Section 1412(a)(1)(A)). The law requires school districts to identify, locate, and evaluate all children who are in need of special education and related services. (Section 1412(a)(3)(A).
An initial evaluation can be requested by either the parent of a child, or the school. (Section 1414(a)(1)(B). Such initial evaluation must take place within 60 days of receiving parental consent for the evaluation. (Section 1414(a)(1)(C)(i). IDEA provides safeguards designed to protect the rights of special education students and their parents, including the right to participate in all meetings, to examine all educational records, and to obtain an independent educational evaluation of the child. (Section 1415(b)(1)).
Parents can also file a complaint for a due process hearing with the State if they believe their childâs school has failed to provide their child with a free appropriate public education under the law. (Section 1415(f)). Once a due process claim has been filed, the child must remain in their current educational placement, unless the parents and school agree to an alternate placement (Section 1415 (j)).
We at Education.com are not equipped to provide individualized legal advice. However, there are attorneys who specialize in representing special education students and their parents in complaints against their school who could address your rights in your particular situation. To obtain a referral for a special education attorney in your area look up the Council of Parent Attorneys and Advocates (COPAA) on the internet at www.copaa.org.
Good luck with protecting your rights under the law and in obtaining an appropriate placement for your child.
Best,
Hayley
As a parent of a student with special educational needs you are afforded various rights and protections under The Individuals with Disabilities Education Act (IDEA) (20 U.S.C. Section 1400 et. seq.). IDEA is the federal law which requires States receiving federal funding to make a âfree appropriate public educationâ (FAPE) available to all children with disabilities residing in the State. (Section 1412(a)(1)(A)). The law requires school districts to identify, locate, and evaluate all children who are in need of special education and related services. (Section 1412(a)(3)(A).
An initial evaluation can be requested by either the parent of a child, or the school. (Section 1414(a)(1)(B). Such initial evaluation must take place within 60 days of receiving parental consent for the evaluation. (Section 1414(a)(1)(C)(i). IDEA provides safeguards designed to protect the rights of special education students and their parents, including the right to participate in all meetings, to examine all educational records, and to obtain an independent educational evaluation of the child. (Section 1415(b)(1)).
Parents can also file a complaint for a due process hearing with the State if they believe their childâs school has failed to provide their child with a free appropriate public education under the law. (Section 1415(f)). Once a due process claim has been filed, the child must remain in their current educational placement, unless the parents and school agree to an alternate placement (Section 1415 (j)).
We at Education.com are not equipped to provide individualized legal advice. However, there are attorneys who specialize in representing special education students and their parents in complaints against their school who could address your rights in your particular situation. To obtain a referral for a special education attorney in your area look up the Council of Parent Attorneys and Advocates (COPAA) on the internet at www.copaa.org.
Good luck with protecting your rights under the law and in obtaining an appropriate placement for your child.
Best,
Hayley
Resources:
> 60 days ago
Retention is not punishment. It has some negative social effects due to classmates maybe talking about the child that is retained. However, since your child has been tested positive for LD. This is where you need more information. There is certain material that she should know or aquire by the 6th Grade and if it she has not been able to learn this, then passing her may be non beneficial. I would recommend working with her over the summer. Since you mentioned that she does not do well in a classroom environment, have you considered homeschooling?
> 60 days ago
If you choose to homeschool, you can pass her on into the 7th Grade. You will need to find a cover and check out your state's laws concerning homeschooling.
hslda is the main source for homeschoolers regarding the law
hslda is the main source for homeschoolers regarding the law
Resources:
> 60 days ago
I'm sorry to hear that your child maybe retained in sixth grade. You seem to be doing all the correct things by being involved in her academic success. I applaud you for getting her additional tutoring as well. You look at it as a punishment to her, but sometimes if LD students are moved up too quickly, they have difficulties keeping up with other students, and may or may not get discouraged academically. You have a few options in addressing the issues. You may speak to the teacher and principle in a meeting where you describe your complete commitment to her LD and to ensuring she remains in the same class with her peers. You may also speak to the PTA board.
Here are some articles which may help
http://www.education.com/topic/parent-teacher-communication/
http://www.education.com/partner/articles/ncld/page4/
Good luck with your daughter,
Rachna
Here are some articles which may help
http://www.education.com/topic/parent-teacher-communication/
http://www.education.com/partner/articles/ncld/page4/
Good luck with your daughter,
Rachna
> 60 days ago
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