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Can i sue a school for pushing my son threw the education system when his transcripts obviously show he has not passed?

Wilmington, IL |

Transcripts show he has not passed sense the 6th grade.. But yet he is now a repeated failure in high school and he is in the 11th grade. Is it legal to push a kid for 6 years threw the educational system just to fail him in the end and not be possible for him to get a high school diploma ?

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Attorney answers 2


The question does not indicate whether the child every went thru the evaluation process for special education services, if such services were in fact needed. Was an Individualized Education Program (IEP) created and was the school working within the IEP?

It would be wise to seek a lawyer with knowledge of special education services

ALSO, you might contact
Prairie State Legal Services, Inc. - Joliet Office
5 W. Jefferson Street, LL Joliet, IL 60432

Phone: 815-727-5123

The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.


It has been my experience that sometimes students are 'placed' in the next grade when they have not met the minimum requirements to 'pass' or to be 'promoted' to the next grade level. Promotion/retention committees sometimes make that decision when, based on all data available, it would be in the child's best interest to move on rather than repeat a grade. Even if your son isn't a special education student as my colleague mentioned, it would still be a good idea to consult with an attorney who specializes in school or administrative law. If your state has graduation requirements (such as passing a standardized test, etc.), then your son may be at risk of not graduating and getting a diploma if he doesn't have the preparation and knowledge needed to meet those requirements. You might want to investigate other options for him besides the traditional senior year / classes route - many school districts have unique programs for high school students who struggle with a traditional program. Wishing you and your son the best -

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