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CalAttorney2, Attorney
Category: Education Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Can I sue my local school district holding my daughter back

Customer Question

Can I sue my local school district for not holding my daughter back when I wanted, and have continued to pass her through grade to grade?
Submitted: 1 year ago.
Category: Education Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn of your daughter's situation.

You say that your daughter was tested for a learning disability - was she actually diagnosed with a disability?

Does she have an IEP? (Individualized Education Program)

Most students with circumstances such as your daughters will have rights stemming from the IDEA Act which gives them a right to an IEP which can plan their education (including grade level appropriate work, extra help, pull outs, one on one aides, etc. to help your child receive a "Free and Appropriate Education").

If your child does not yet have these things - that is where to start. The County Office of Education will have a special education director that can assist you with this.