Legal Question in Education Law in California

Gifted Child Disruptive in Class

We live in Orange County, and my 8-year-old daughter is in the GATE program. She has always had behavior problems in class. I received a letter today from her teacher indicating that they are creating a formal record of her behavior and having her monitored by others. She is disruptive, but not dangerous. Her schoolwork is top-notch. Her teacher writes that she is ''violating other children's rights to an education and my right to teach.'' I fear that they are trying to remove her from the GATE program. She is highly gifted and this program provides an important and appropriate education for her. Before she entered GATE in 2nd grade, she was bored to death in class and was receiving an education that was well beneath her abilities. Her teachers generally used her to tutor other children -- not, I feel, an appropriate use of what is supposed to be her learning time. I am frightened to death and feel that I should hire an attorney to represent my child's interests. Can you guide me as to what my next steps should be?


Asked on 10/12/07, 10:01 pm

1 Answer from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Gifted Child Disruptive in Class

The GATE program is regulated under EC 52200. The school should have published policies on how they handle discipline and behavior issues. Have you consulted these guidelines? Have you requested a parent teacher conference to discuss these issues? Of course, children do have rights to public education. I am a little confused as to her statement concerning her rights to teach…maybe she is stating that she has a right employment ( no idea what she means). I would really understand the policies and I would ask for a meeting with the teacher ASAP- that is where I would start. You can contact my office if this doesn’t work or you are looking for an alternative.

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Answered on 10/15/07, 11:18 pm


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