My daughter has been a transfer student since kindergarten in her school. This year her transfer was revoked due to excessive tardiness. I obtained a letter from her pediatrician(who is on the board) stating that she has "chronic intestinal dysmotility" and tardies related to this should be excused. This letter was submitted to the principal who proceeded with the revocation paperwork and the school system denied her transfer. I appealed and went before 2 members of the board explaining my daughters' situation and responding to their questions. After that meeting, the full board voted to uphold the revocation, forcing my daughter to change schools for her last year in elementary school. I feel this is a form of discrimination because of a chronic illness. Please advise.
It is possible that your daughter is covered by the IDEA or by section 504 of the Rehabilitation Act. However, these laws may or may not provide you with the transfer back to the school of choice. That is because the transfer revocation may not be considered a disciplinary action and it may not affect her educational opportunities/quality.
Kirk J. Angel is an experienced North Carolina licensed attorney who focuses his practice on employment law. Mr. Angel, who has focused on employment law for more than 14 years, represents clients throughout North Carolina and more information about him is available at www.theangellawfirm.com This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.