Can the school deny my special education child ability to attend and what can I do? 9 Answers as of August 27, 2015

The principal made it a condition that in order to attend public school full time, my son must "volunteer" to work as a dishwasher in the cafeteria three days a week. He is a special education student. Can they do that?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Probably not unless the principal can refer to some policy or program that finds that it is in the child's 'best interest' to assign them certain hours of work. You might want to consult a lawyer versed in education or disability law in your vicinity.
Answer Applies to: Wisconsin
Replied: 7/28/2015
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Why don't you share with us what your son did to get the principal to create this condition? It wasn't just because he was a special education student, or his race. Tell us the whole story.
Answer Applies to: Georgia
Replied: 7/28/2015
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
I doubt it. Call the Montana Superintendent of Schools in Helena and explain your situation.
Answer Applies to: Montana
Replied: 7/28/2015
Law Offices of George H. Shers | George H. Shers
If it is a public school, I seriously doubt any student can be forced to do any work beyond normal homework. ?Ask the principal the legal basis of his demand, whether he will waive any legally valid requirement for your son and why not. ?Can your son do the dish washing? ?If the principal has the legal right to demand it and your son can do it, why should your son be excluded
Answer Applies to: California
Replied: 7/28/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
There are some special federal laws dealing with special ed students. Consult a civil rights lawyer.
Answer Applies to: Alabama
Replied: 7/28/2015
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    That would be a no.
    Answer Applies to: Washington
    Replied: 8/27/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    I don't know if there is a rule/regulation/policy allowing that requirement and I don't know that your son has any problem doing it.
    Answer Applies to: California
    Replied: 7/28/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    I believe that it depends on the level of your child's special needs. The "volunteering" could be a way to help him learn to socialize with the regular students. I suggest that you discuss this with the principal and with your child's medical/psychological professionals to determine if it is in his best interests.
    Answer Applies to: Michigan
    Replied: 7/28/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    I have never heard of such a thing, but then again I don't know what city or state you live in. Contact the local Board of Education and your state's Department of Education and ask if there is some regulation allowing such a policy. If so, make them give you a copy. I'd also inquire with the state Labor Board, as this is both child labor and unpaid labor. Qualifying this as "volunteer" work is incorrect, as your son is being required to perform the work. Work that your taxes are supposed to be paying for. Also, is there such a requirement for non-special needs children? If not, then why the difference? If you get the run-around from the agencies mentioned above, go to some elected official such as your state legislator. Check to find out if there are any disability advocacy groups in your area. If necessary maybe some news agency would find it interesting to report on. Good luck.
    Answer Applies to: New York
    Replied: 7/28/2015
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