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Legal Eagle
Legal Eagle, Education lawyer
Category: Education Law
Satisfied Customers: 5235
Experience:  Extensive education law experience
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My wife, son and I want to retain our son in the 8th grade.

Customer Question

My wife, son and I want to retain our son in the 8th grade. The school was informed of this and sent emails saying they would follow up- but haven't. School starts on the 16th. What can we do to ensure that our son is able to repeat the 8th grade?
JA: Have you spoken to an attorney or school administrator about this?
Customer: School administrator/official: yes. Attorney: no.
JA: Because laws vary based on location, what state is the school in? And is it a public or private institution?
Customer: Texas. Public school in Katy. Sorry. I skimmed this and thought it was for Texas only.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The student was in special ed. He passed his classes due to special acomodations made for him in the testing process and environment.
Submitted: 2 months ago.
Category: Education Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. I am a special education attorney so I will be able to provide some quality assistance. Generally, parents are not able to hold a child back. The law gives the school district's the authority in holding a child back or promoting them to the next grade. If your student is a special ed student in you feel as if they were promoted incorrectly, then this itself may be a violation of the individuals with disabilities Education Act. The IDEA basically says that every student is entitled to a free and appropriate public education. This means that if they are not being appropriately educated in your being promoted despite obvious signs that they need not be promoted, then you may be able to recover some compensatory education from that school district. Part of the settlement of this could be that the student ends of repeating the grade that you want them to repeat. You may want to consider doing a quick Google search for special education attorneys in your area. A special education attorney will be able to help you out in terms of understanding the nuances of this law.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 2 months ago.
Can you provide the appropriate section(s) of the IDEA and the Texas code?
Expert:  Legal Eagle replied 2 months ago.

34 CFR §300.17 defines FAPE; Title 2 Sec. 29.001 of the TX Education Code defines FAPE as well. FAPE means free and appropriate public education.

Expert:  Legal Eagle replied 2 months ago.

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.