Legal Question in Education Law in New York

holding a student back in 7th grade and 8th grade

does the school have the right to hold a student back in both 7th grade and then again in 8th grade, do to poor attendance? and poor grades from poor attendance? is there any thing that a parent can do to help her pass into the 9th grade with some kind of extra help? i am having her evaluated for a learning dissability and also a psychological evaluation. she was in a 504 program when she was in elementary school that was supposed to carry over to middle shool and did not. she has had problems since she was approx 4 we have been to counclours and pshychatrists . they tell me she is good in school when she is there but not good when she is home, can you help me? can i make them pass her?

thank you!

--name removed--


Asked on 4/25/06, 12:17 pm

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: holding a student back in 7th grade and 8th grade

It sounds as though your child has special needs, whether it is categorized as a learning disability or a behavioral problem.

The School District under the IDEA must provide a free and adequate public education (FAPE) to all children, and where the child has special educational needs the district must have a CSE meeting to plan an appropriate curriculum. This usually is accomplished through an IEP for the child.

The parent should have the opportunity to attend the meetings and provide input. If the District does not do these things, you can request an independent hearing through the District to correct these matters.

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Answered on 4/25/06, 4:15 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: holding a student back in 7th grade and 8th grade

Sorry, FAPE stands for Free and Appropriate Education.

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Answered on 4/25/06, 4:17 pm


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