Can a disabled child be homeschooled or do they have to go to public school?
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?
05/11/2007 |
Category: Education |
State: New York |
#4500
Answer:
Policies and regulations vary by school district. The following is a NY statute governing admission of children to home schools:
§ 4807. Children admitted to such school. Children not more than
eighteen nor less than eight years of age may be admitted to or received
in such school as follows:
1. Upon the application of the parents or guardians having the legal
custody and control of such children accompanied by the written consent
of such parents or guardians.
2. Truants, incorrigible pupils or children coming within any of the
descriptions mentioned in section thirty-two hundred fourteen of this
chapter upon commitment thereto either by the school authorities or by a
court having jurisdiction thereof.
3. Children coming within any of the descriptions mentioned in
sections four hundred eighty-five and four hundred eighty-six of the
penal law upon commitment thereto by a court.
4. Children under twelve years found guilty of juvenile delinquency.
5. Children over twelve and under sixteen years of age found guilty of
juvenile delinquency for the first time and for an offense of a grade
not higher than misdemeanor.
Children resident in the city establishing such school duly committed
thereto shall be received therein. The board of managers may in their
discretion and upon such terms as to payment of expenses as they see
fit, admit children resident in the county in which said city is
situated or resident in any adjoining county not having a city to which
this article applies.
