Legal Question in Education Law in South Carolina

Profoundly Mentally Handicapped Child

My son is in a PMH class in a local public school. He is unable to learn and spends most of his time watching TV at school or lying on a mat. Is there some way I can hire a lawyer to draw up papers stating that I would not hold the DOE responsible for his ''lack of education'' and keep him at home? He is severely physically handicapped and is totally dependent upon me and his dad. We have a Dr. that has put him on ''medical homebound'' but the school is saying that they can override the Dr. and make him come. I appreciate the fact that some handicapped kids are educable and need public school. Also, due to my child is not being educable I am not allowed by law to homeschool. Any info would be appreciated. Thank you.


Asked on 1/15/08, 7:39 pm

1 Answer from Attorneys
Elizabeth Hyatt E.H. Robinson Law, LLC

Re: Profoundly Mentally Handicapped Child

What District are you in? how old is your child?

Medical homebound is a totally different animal from the IDEA and has its own rules and regs, but it certainly appears that you have reason for it.

Moreover though, it seems like your child is not receiving the free APPROPRIATE public education that he is entitled to receive by law. It may be that forcing their hand on that issue would change their feelings about having you educate your child at home.

I would be happy to talk more about this with you. Email me at [email protected]. Good luck.

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Answered on 1/16/08, 3:44 am


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