Legal Question in Education Law in California

Parents/Kindergartner referred to Attendance Review Board

My son suffers from asthma and many related illnesses. He is in Kindergarten this year and has missed an unusually large amount of school due to his illnesses. We have made great effort to communicate with his principal and teacher; providing dr's notes each time he has been seen & dr. requests to keep him home when considered necessary by his pediatrician. We have met (upon OUR request) with his principal on several occasions to convey our concerns & willingness to cooperate any way we can. We were reassured on mant occasions that they would work with us & that they would not report any issue to the School Board, as his poor attendance is strictly illness related. His teacher has reassured us that even though he has missed a great deal,he is very intelligent & is well within the parameters of growth & learning with the rest of his class; in fact, she has commented that he is one of her best students. Today I received a letter from the office of education demanding us (w/ our son) to attend a hearing regarding his poor attendance, and that if we do not attend, criminal complaints will be filed against us. I want to know whay my rights are and what recourse I have. This is MY child, not theirs - Please help!


Asked on 4/17/08, 11:14 am

1 Answer from Attorneys
Marcy Tiffany Tiffany Law Group, P.C.

Re: Parents/Kindergartner referred to Attendance Review Board

The purpose of the SARB is to try to determine the reason for the absences and assist in resolving the problem. Typically, it is not as frightening an experience as parents anticipate it will be. You can look at the SARB handbook on the California Dept. of Educ. website for more information. http://www.cde.ca.gov/ls/ai/sb/documents/sarbhandbook.pdf

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Answered on 4/17/08, 6:27 pm


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