Question:
What is Texas education law regarding missing school due to a disability? My daughter is an A student but due to her blood disorder she has missed 20 days from school so far this year. Can she be left back due to her disability? (Houston, TX)
My Answer:
Your child may qualify as a student with a disability under the Individuals with Disabilities Education Act (IDEA) if your child's disability adversely affects her educational performance. If this is the case, the school district must provide your child with an Individualized Education Plan (IEP). The IEP will dictate what services your child receives regardless of where she receives them. Instead of missing 20 days of school, your child might be able to be taught (at public expense) while in the hospital or at home recovering. Then, if the school decides to hold your daughter back due to her disability, they are conceding that they failed to provide her with a Free and Appropriate Education (FAPE) as mandated by IDEA and you may be entitled to compensatory services such as summer school or after school tutoring. Whenever you disagree with the school you are entitled to a due process hearing.
If you need help advocating for your child's special education rights, contact the Boston area law office of Massachusetts special education lawyer Lillian E. Wong.