Legal Question in Education Law in Pennsylvania

Private School student hold back

My son will is scheduled to enter first grade in September 2001 at the same Private school where he has been attending pre-school and kindergarten for the past three years. His academic progress seems good, he is beginning to read and spell and can perform basic math. However he exhibits some inattention and forgetfulness. The school wants to have him evaluated (psycho-educational) and is considering denying him entry to first grade, subject to their review of the evaluation. Concers were raised at his first parent teacher meeting and he was evaluated for cognitive processes and speech and was determined to be normal at that time. What are his legal rights regarding access to first grade and what sort of due process must take place before he can be denied entry?


Asked on 3/09/01, 10:45 am

1 Answer from Attorneys
Kathleen Loyer Law Offices of Kathleen M. Loyer

Re: Private School student hold back

Since it's a private school you really need to refer to your student handbook and/or contract with the school regarding their policies in this matter. Private schools are not bound by the same laws as public schools. You should also check the laws of your state regarding private schools, as they vary state to state.

If the school suspects a learning and/or attention deficit, it may be a good idea to have a full psycho-educational battery done. Now is the the time to do it rather than waiting until the child reaches the higher grades and the disability becomes more overwhelming.

Please be advised that the comments made here are for information purposes only and should not be construed as legal advice.

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Answered on 5/21/01, 10:28 am


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