Legal Question in Education Law in California

Independant Study Program , Ca Public School System

My son is in 11th grade in a Ca Public School System. He has been in that school district since the 7th grade. I reside in Pa. I also have sole legal custody of him and it has been that way since he was 9 months old. I had been going thru a difficult time period at that time. This past Christmas 2008 my son was placed on a plane by his father and sent packing to me in Pa. They had been having some issues for awhile now and I know this was best. Since I have been in constant communication w/ the school over the years (esp. of late) they are aware of the issues going on in that home. When they were to return from Christmas break, since he was still w/ me I IMMEDIATELy made phone calls to inform them of the situtation. The councelor offered to try getting him into the Indep. Study Pro., was given the ok by Administrator to do so. Then...a day later we received a call saying no they could not do that due to me having sole custody of him. That technically his education(since 7 th grade) is invalid due to this and it was an error on their part. What can I do ? How is this fair to him?


Asked on 1/11/09, 11:24 am

1 Answer from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

Re: Independant Study Program , Ca Public School System

This s confusing. So, you have sole "legal" custody based on Calif. divorce, but your ex had physical custody while son resided in Calif. and attended school in Calif. Calif. has jurisdiction over the case, notwthstanding your PA residency. Son is also a Calif. resident, and entitled to certain educational rights. The school is wrong in asserting that son's previous schooling is invalidated because of their confusion about residency issues. If in doubt, go back to family court since they have an ongong interest in your son's wellbeing. Send me an email if you need further clarification.

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Answered on 1/11/09, 11:49 am


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