Legal Question in Education Law in New York

Good morning. I need to know if I can withdraw my 5yr old from Kindergarten (NY state) and have her re-enter school the following fall. She has been having difficulty in the classroom, & spends more time in the office for disciplinary referrals for refusing to work, disrupting others & otherwise being non-compliant. She has already been assessed at a first grade level & despite disciplinary problems has managed to produce academically. She has become more withdrawn from school as the yr. progresses & I don't believe the school has utilized effective strategies to support her mental health needs in the classroom. What are my rights & options? Please & thank you

Asked on 2/13/13, 5:07 am

Arnold Nager Arnold H. Nager, Esquire

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Have you considered having the School Based Support Team evaluate your child. You are entitled to have your child evaluated.

In any event, Kindergarten is not mandatory in NY. You may withdraw her if you desire.

Answered on 2/13/13, 2:06 pm

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