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We live in California. My nephew has medical fragile. The…

We live in California. My...
We live in California. My nephew has medical fragile. The team of Medical Specialists orders that he can only attend school 3 hrs and 2 hrs of schooling. The Special Ed Director has agreed to modified school hours and accommodate him with home schooling. However the attendance office is not pleased with themodified school schedule, and demands his parents to appear at School Attendance Review Board. This is a mandatory hearing. It states, "Due to the limited space, we ask that only ONE (1) parent attend the hearing with their student."Questions:
1. Can both parents attend even though the letter states only ONE (1) parent can attend?
2. Is there an educational law code that only allow ONE (1) parent to participate?
3. Why does the School Attendance not accept the modified school schedule when his IEP states that it is a must?
4. Isn't his IEP dictated what his school day must be?
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Answered in 8 minutes by:
3/23/2018
Legal Eagle
Legal Eagle, Education lawyer
Category: Education Law
Satisfied Customers: 13,438
Experience: Extensive education law experience
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Here are the answers to your questions:

1. Yes, both parents can attend.

2. There is nothing in the Education Code that prohibits both parents from attending. There is nothing that specifically allows both parents from attending, either. The Code has not contemplated this so in absence of some prohibition, both parents can attend.

3. This is difficult to say. EC Section 48260 requires students between 6 and 18 to attend school full-time, but the Code also allows for IEPs to have modified schedules for students as necessary. If your child is still meeting the necessary attendance requirements, the SARB meeting is unnecessary.

4. Yes, his IEP, agreed upon by the school and parents, controls his schedule, ultimately. You should explain in the SARB meeting that if they created a plan that violates the compulsory attendance law, then it must be changed and you can't be penalized or else you may file for due process against the school and possibly a complaint against the district.

Did you have any other questions for me today that I could help you with?

Legal Eagle
Legal Eagle, Education lawyer
Category: Education Law
Satisfied Customers: 13,438
Experience: Extensive education law experience
Verified
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