Education Law Questions? Ask an Education Lawyer
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.
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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.
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