Full question:
I have a five year old disabled daughter who is attending school; she is in kindergarten. I want to take her out of school because she is unhappy. I can say the schools care of my daughter's feelings and needs are terrible; however, they say I cannot keep her home even though a parent of a child who is not disabled has this choice. Is it true that because my child is special needs I have no right to do what I think is in her best interest?
- Category: Education
- Date:
- State: New York
Answer:
Policies and regulations about school attendance can vary by school district. In New York, children between the ages of eight and eighteen can be admitted to home schools under certain conditions. These include:
- The application must come from parents or guardians with legal custody, along with their written consent.
- Truants, incorrigible pupils, or children under specific legal descriptions can be committed to a school by authorities or a court.
- Children found guilty of juvenile delinquency may also be committed to such schools.
For children with special needs, the situation can be more complex. While parents generally have the right to make decisions in their child's best interest, school policies may impose restrictions on withdrawing a child with disabilities. It's important to consult with local education authorities or legal experts to understand your rights and options in your specific situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.