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How do I stop school from holding my child back in the eighth grade for the third time.

1 Answers. Asked on Jun 22nd, 2017 on Education Law - New Jersey
More details to this question:
Repeating the second time in the eighth grade my child has been diagnosed with ptsd, school phobia, she is in counselling for anxiety attacks. She has been bullied and ostrasized by principal and counselers. They told her she was going to repeate the grade again and she just gave up and wouldn't go, She is suffering mental difficulties, was hospitalized for cutting. Now she is just depressed, and ashamed. She is smart and can do the work. She was getting good grades when she attended classes. They refused to offer her alternative education until they were threatened. Now they have turned her over to the child study team but as far as I know they still plan to make her repeat the 8th grade again. I told them I wanted her in 9th grade no matter how they had to do it. They have not offered her summer school. She and I both believe that she can do the 9th grade work. Thank you for your time
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Answered on Jun 25th, 2017 at 5:27 AM

You will have to file a complaint with the Department of Education asking for Due process.  You will be asked whether or not you want the matter to go to a mediator, and you should do that.  You did not mention whether or not your daughter has an IEP. If she does not have and IEP or a 504 plan in place, demand that she get tested by a psychiatrist/psychologist as to the school anxiety and PTSD issues.  Good Luck.  

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Education Law
For many families, their first introduction to the legal system comes as they try to protect and enforce the rights of their children to obtain an education. An education law attorney will have experience with a host of school-related legal issues, including the education rights of special-needs children, freedom of speech issues, anti-bullying and harassment statutes, and student discipline issues. Lawyers and law firms that practice education law will also work with teachers and schools, including colleges and universities.
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