Legal Question in Disability Law in California

My Son is 18 and was told at the middle of last year that he was going to be part of the Super Senior plan at his High School which is another year of being a Senior for Robert's case he has High Functioning Autism, ADHD, Disgraphia, Social Cognition, Socializing problems, Anxiety, etc. Come the hew year went to previous HS and were turned away, not in system. Low in behold found out he is not in school district after all this and he know has to go to another district without notice. I asked the head Special Education person at SJUSD Speical Ed and she said no they will not make an exception. We live in the same district we had lived at all last year + and he went there and in his IEP it was set up for him to go to this current HS until the 1st day we found out not. THis is so much on my son as he ask everyday what is going on with this? Mom I know I didn't do good but I want to finish at this HS, the one that he was told he could. THis is very devastating for him and with the Aspergers Syndrome it is very difficult for change. I can not believe this and my son is paying for living 2 blocks out of this new district that he had gone to all last year! Please help! I am not rich but this is not about me! My son is having his rights taken away for an education and he has Special Needs! Please help me keep him in this school he fills safe and comfortable at that was supposed to go to with teachers, specialist, etc lined up already!?!

Thank you very much,

Linda Lines

wk: 408-755-7883

hm/cl: 408-401-2735


Asked on 9/16/15, 3:00 pm

1 Answer from Attorneys
Frank Pray Employment Law Office of Frank Pray

The school district accepted your child based on information it had available from the outset. Its negligence or indifference in identifying that your son was outside the district boundary has resulted in emotional harm and a learning disadvantage to your child. An argument can therefore be made that the District has waived the District boundary requirement by its own conduct. An additional argument is that the District should be "estopped" by its conduct and your son's reliance upon it from now asserting it is not responsible to carry out its IEP. If these arguments don't work, at the very least, the new district should be required to follow the Plan set up by the prior school district:

Here is what IDEA 2004 says, quoted directly from Wrightslaw: Special Education Law, 2nd Edition, pages 102-103:

Transfer Within the Same State

"In the case of a child with a disability who transfers school districts within the same academic year, enrolls in a new school, and who had an IEP that was in effect in the same state, the LEA (school district) shall provide such child with a free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents, until such time as the school district adopts the previous IEP or develops, adopts, and implements a new IEP that is consistent with Federal and State law."

- See more at: http://www.wrightslaw.com/info/iep.change.schools.htm#sthash.0ANC4QcB.dpuf

Employment Law Attorney Frank Pray http://www.employee-rights-atty.com

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Answered on 9/16/15, 10:49 pm


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