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Mentally Handicapped girl needs held back

My daughter Hunter is slightly mentally handicapped and has trouble with school. I hired her a personal tutor but she still is struggling. Both the tutor and I believe that Hunter needs to stay back in the 1st grade for another year so that she won't struggle later in life with school. The school however disagrees and refuses to hold her back saying she meets the standards to pass. She never "failed" a subject however she struggled to make the low grades she received. They say I have no right to hold her back. Is that correct or is there something I can do to help my daughter?

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Attorney answers (1)

Reputation Level 6
If your daughter has not yet been tested to see if she is eligible for special education, you should request in writing that your District undertake the testing. The District would then have 15 days from the start of school to get you an assessment plan and then must test her and hold a meeting within 50 days of your approval of the assessment plan in order to determine whether she qualifies for additional services. Schools are loathe - and with good reason - to hols students back anymore - It sounds like the real issue is whether she needs additional specialized instruction in school to help her keep up.

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