Legal Question in Education Law in California

My 8 year old daughter was denied an Interdistrict Transfer Request to the school she currently attends (for the 2010/2011 school year) as ...."our Special Education program is impacted so we are not able to approve your request".

She has been at this school for a year now and her IEP with this school district runs out in November of 2011.

Her twin sister WAS admitted back to the school for next year as an Interdistrict Transfer and she does NOT have an IEP.

Can a school district not admit her based upon her having an IEP?

thanks


Asked on 5/15/10, 10:56 am

2 Answers from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

This may raise important legal issues that cannot be answered with simple answers over the internet. Please call (805) 549-7745 and see our website www.higheredjustice.com.

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Answered on 5/20/10, 11:16 am
James Goff James R. Goff, Attorney at Law

Unfortunately, your question omits critical facts that affect any answer. Technically, a school district can deny an interdistrict transfer for a number of reasons including lack of an adequate classroom. A district cannot deny a transfer because a child has an IEP. It can deny a transfer because they lack assets at the school to provide the services necessary to provide your child a FAPE. If the IEP provides for placement for the coming school year at the transfer school, failure to provide that placement would violate her IEP and would justify a non-compliance complaint to the California Department of Education. Good luck.

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Answered on 5/20/10, 11:23 am


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