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Our elementary school is in the process of possibly being

Customer Question
taken over by a charter...
Our elementary school is in the process of possibly being taken over by a charter school of which the school district will make the choice of. Do we as parents have any rights to dispute or appeal any decision that the school district decides? Do we have any rights to stop the take over of our school?
Submitted: 2 years ago.Category: Education Law
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Answered in 22 minutes by:
8/31/2015
Education lawyer: Ely, Attorney replied 2 years ago
Ely
Ely, Attorney
Category: Education Law
Satisfied Customers: 102,923
Experience: Attorney in general practice,
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Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Technically, yes. A parent can appeal the decision of a public agency to Court, once they run out of administrative appeals. This is called a writ of mandate. See HERE. However, there is no guarantee of success, and one would have to prove that the district is doing something against the law, or, is not following its own ministerial rules, for example.

Good luck.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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Customer reply replied 2 years ago
would I need legal backing to do this? What is the first step in trying to appeal the decision?
Customer reply replied 2 years ago
Where do i begin the process? with Legal help?
Education lawyer: Ely, Attorney replied 2 years ago

I am sorry, I was offline when you responded.

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Education lawyer: Ely, Attorney replied 2 years ago

A writ of mandate is essentially a lawsuit. Yes, legal help is needed unless you feel comfortable filing a lawsuit on your own (not recommended, of course). You can find a good attorney at martindale.com. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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Ely
Ely
Ely, Attorney
Category: Education Law
Satisfied Customers: 102,923
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