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Is this legal?
Asked over 1 year ago - Clarksville, TN
My son who is 8 has autism he is in special needs class on a military base. We just moved to a new place and he has gone to school for several years now. However this new school only has him going 2 hours a day. At first I agreed to do this for a few weeks to get him used to the school but its been a few months now and I think they are doing it to convenience themselves. I think he needs to go all day like the other kids. Is this even legal? Only keeping him for 2 hours?
Attorney answers (1)
The law requires public schools to provide your son a Free Appropriate Public Education (FAPE). Going to school for only 2 hours per day is not appropriate for most children and arguably does not address your son's educational needs. Does your son's current IEP say that he requires a shorter school day? If not, the school is not implementing the IEP. If the IEP does support this shorter day and you think this is not what your son needs, you need to request an IEP Amendment.
I would strongly recommend that you speak with an attorney at a special education law firm. You can find one at www.copaa.org.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
I would strongly recommend that you speak with an attorney at a special education law firm. You can find one at www.copaa.org.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
