Legal Question in Education Law in Pennsylvania

Can a school refuse to dismiss my child

this morning i sent a note to school with my son for him to be excused at 10:45, when i showed up at 10:40 to pick him up the principal replied that they were not going to do it , his reason was he had found out my intention to homeschool and told me i could not have my son until all the proper paperwork was done and i had a face to face meeting with the superintendent(no meeting required by PA law) i did eventually convince him to let me have my child by me lying to him telling him my son had and appt.

My question is does a school have that right to deny me access to my child??If not would i be able to file a case againest the school Thanks in advance for any help


Asked on 10/07/04, 9:12 pm

1 Answer from Attorneys
Ilene Young Young Law Offices

Re: Can a school refuse to dismiss my child

Homeschool law in Pennsylvania is more stringent than in many other places. You must comply with the regulations as well as have a knowledge of how they are implemented within your district. For this reason, it is not really possible to respond to your inquiry in this forum. If you have stated your intention to homeschool without taking the actions necessary under the law, there is the possibility that your local school's response to your seeking to withdraw your child may be occasioned by their own fear of exposing themselves to liability.m I cannot offer an opinion on this based upon the facts you provide.

Therefore, if you are intending to homeschool, it is imperative that you meet locally with an attorney or advocate who is familiar with Pennsylvania homeschooling law and its application in your particular area, so that you may be certain of being in compliance and avoid unnecessary legal difficulties along the way.

Ilene Young, Esquire/ Education Law Parent's Attorney/ Civil & Family Practice/215-444-0445

NOTICE

As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.

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Answered on 10/12/04, 9:41 am


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