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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Education Law
Satisfied Customers: 17515
Experience:  B.A.; M.B.A.; J.D.
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My child has a post concussion syndrome according to her doctors

Customer Question

My child has a post concussion syndrome according to her doctors and Neurologist. She also has had at least 4 letters stating to the school that the doctors are reccomending that all modifications be made so that her brain can heal including allowing her to do 1/2 days at school until the end of the school year. Also due to her symptoms the neurologist also asked for them to modify academics and no test taking, loud noises and physical activity unless symptoms are completely gone then she may resume normal activity slowly starting at 1/2 hr a day. My question is since my daughter goes to public school if she is not able to stay in classes due to all of the above and only do a couple hours of schooling are they required to help her in any other way as far as maybe assisting her with an aide or something? We have been trying to find a resource such as alternative schooling ie. independent study school so she can rest at home and do her work on her own to pass her classes but the only one in our district that the school will let her go to without her completely dropping these classes is full. They also are not really allowing a half day as she is on a block schedule and they cant change her schedule. My question is mainly do kids with temporary medical problems that prevent them from doing school work or going to full day of school have rights? Also this concussion happened at School softball practice and I was never notified by the school or anyone. My daughter texted me saying she thought she may have a concussion. They left her in the duggout with ice but never said anything to me or my husband. I know we sign waivers for kids to do team sports but what kind of protection do we have for our kids when these type of things happen as well. I do not want to put blame on anyone really but I feel like something should be available for me as a parent to help my child.
THank you!
Submitted: 7 months ago.
Category: Education Law
Customer: replied 7 months ago.
I also want to know if the coaches whom were with her that day did not report it to the athletic department or provide her with medical assistance or contact us as parents when it happened is this legal? A couple of weeks after the incident we got a team notification text that said they were doing pictures for the JV team at 3:30 after school. My daughter got ready and went to the picture. The coaches asked her why she was there and then told her they thought she was not part of the team. My daughter was extremely upset. They did allow her to do the team picture but we are very shocked that they told her this and especially after she personally handed them a note from the doctors saying she had a concussion and cannot continue until symptoms go away. These notes were given to them on a weekly basis and I even texted the coach two other times giving them updates of her condition.
Expert:  Phillips Esq. replied 7 months ago.
My question is mainly do kids with temporary medical problems that prevent them from doing school work or going to full day of school have rights? Response 1: Yes, the students do have rights. The school supposed to work with the students and parents to come up with alternatives. If your daughter's school is not helping,you would need to contact the local school district's administrative office and file complaint. This type of complaint is handled by the local school district and not California Department of Education. also want to know if the coaches whom were with her that day did not report it to the athletic department or provide her with medical assistance or contact us as parents when it happened is this legal? Response 2: The way the situation was handled is not proper, but I will not go as far as calling it illegal. However, this issue should also be reported to your local school district. Goodluck with your case, Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.

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