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Andrea, Esq.
Andrea, Esq., Attorney
Category: Education Law
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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My nephew was expelled from school. He is in 8th grade

Customer Question

My nephew was expelled from school. He is in 8th grade (middle school) and has always struggled with school, academically and socially. He has really struggled since being in middle school with the amount of students and switching classes, etc. The school is now saying he is expelled for the rest of the school year (we are not disputing the punishment). There is still over 3 months left of the school year and they are saying he can return to school next year but must start at the high school. His parents believe he should repeat the 8th grade. Again, he has a lot of issues both academically and socially and how can they have him miss 1/3 of his 8th grade year and expect him to continue on? The school has basically said it is not his parents’ choice. How can the parents fight the school district on this decision? Can they fight it?
Submitted: 5 years ago.
Category: Education Law
Expert:  Andrea, Esq. replied 5 years ago.

Hi, and Welcome to JustAnswer. Thank you for your question.

My name is***** am an Attorney and would be glad to help

I am sorry to hear about the trouble your nehew is having in school. If a child is not academically ready to move on to the next grade, he will have a worse time of it if they move him up to the next grade. With respect to having difficulties on a social level, your nephew is at a very difficult age and all children have social difficulties between the ages of eleven and fourteen or fifteen.

Your nephew's parents should demand that the school test your nephew to determine if he is academically ready to move on to the next grade and if the tests prove he is ready, then they would not have any basis on which to rest their argument inn fighting the school and the District. If the tests prove that your nephew is not academically ready to proceed on to the next level, then your nephew's parent can fight the school and the District on the academic issue,

Whether or not your nephew is ready to move to high school, his parents should take your nephew to a child psychologist to help him get over his fears and anxieties caused by the school setting. Child psychologists are specially trained to identify what causes these fears in children of his age and help the children work through it. I am sure that your nephew will do very well in both situations.


Customer: replied 5 years ago.

Would testing be the same as the ISTEP test that they take every year or is it a different test?

Expert:  Andrea, Esq. replied 5 years ago.
It would be difficult to say because I do not know what the parameters of the ISTEP are and to what extent it measures the student's grade level knowledge. Any test administered to your nephew must be of the type which is designed to measure his grade level knowledge because that is the only way it can be determined if your nephew is ready to enter the ninth grade.

Your nephew's parents should speak to a child psychologist first to see which test would be the most effective for the purpose he will be taking the test. After they have an understanding of all the tests available, they will be in a much better position to speak to the principal about the test that should be administered to your nephew.


Andrea, Esq. and other Education Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you Andrea.
Expert:  Andrea, Esq. replied 5 years ago.
You are most welcome.

Thank you for accepting my Answer, and the Bonus, I greatly appreciate it, but what I appreciate the most is placing your confidence in me to assist you. If you have not already done so, please take a moment to leave some Positive Feedback.

If you need anything further, please feel free to ask for me by typing my name at the beginning of your question, like this,

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