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"Truancy" of Kindergartender

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momof3247

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

I have a 6 year old child who is currently enrolled in mainstream Kindergarten at our local public school. He has an IEP, and has had an IEP since the age of 3.

This year, there have been many difficulties with the elementary school where my son is now attending. Things started to get progressively worse, and my son was beginning to come home with self-inflicted injuries. Since September, I had been making recommendations of what could be done to prevent these behaviors, based on previous years in school and what had been shown to work there (which are documented very well in his educational records). The self-inflicting behaviors continued over a few months' time and I continued to communicate my concerns to the school, but the recommendations were never implemented. They actually disciplined and secluded him for these behaviors that he has no control over.

My son came home with three separate injuries recently, the worst day he's had at school by far, and I informed the school that due to the unsafe environment, my son would not be attending until further notice. I requested an interim IEP meeting to discuss strategies being used, and my concern with their ineffectiveness. Now, after pulling him from school and essentially demanding these changes be implemented, the school is willing to use these recommendations. We're now just waiting for the tools the school has ordered to come in, and for staff to be trained in their use, and also be trained in the changes accepted by the school at the IEP meeting. I plan on sending my son back to school as soon as most of this equipment is available for his use (much of it has to be shipped to the school).

My problem right now is in dealing with the district and the compulsory attendance laws. The district is engaging in truancy proceedings unless we can provide an excuse from his doctor or psychiatrist that states my son is "temporarily not in proper physical or mental condition to attend school but can be expected to return to school upon termination or abatement of the illness or condition." (Page 6, FAQ#14 - http://dpi.wi.gov/sspw/pdf/schlattendqa.pdf)

Autism isn't a mental condition that can be terminated, and its abatement was completely in the school's hands. What happens when the reason for him being out of school is due to his safety at school, and during this time period we're waiting for the changes to be implemented? I'm trying not to place the "blame" on the school, but I've done everything I could think of in trying to get them to understand their approach was not effective in maintaining a safe environment for him.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Wisconsin

I have a 6 year old child who is currently enrolled in mainstream Kindergarten at our local public school. He has an IEP, and has had an IEP since the age of 3.

This year, there have been many difficulties with the elementary school where my son is now attending. Things started to get progressively worse, and my son was beginning to come home with self-inflicted injuries. Since September, I had been making recommendations of what could be done to prevent these behaviors, based on previous years in school and what had been shown to work there (which are documented very well in his educational records). The self-inflicting behaviors continued over a few months' time and I continued to communicate my concerns to the school, but the recommendations were never implemented. They actually disciplined and secluded him for these behaviors that he has no control over.

My son came home with three separate injuries recently, the worst day he's had at school by far, and I informed the school that due to the unsafe environment, my son would not be attending until further notice. I requested an interim IEP meeting to discuss strategies being used, and my concern with their ineffectiveness. Now, after pulling him from school and essentially demanding these changes be implemented, the school is willing to use these recommendations. We're now just waiting for the tools the school has ordered to come in, and for staff to be trained in their use, and also be trained in the changes accepted by the school at the IEP meeting. I plan on sending my son back to school as soon as most of this equipment is available for his use (much of it has to be shipped to the school).

My problem right now is in dealing with the district and the compulsory attendance laws. The district is engaging in truancy proceedings unless we can provide an excuse from his doctor or psychiatrist that states my son is "temporarily not in proper physical or mental condition to attend school but can be expected to return to school upon termination or abatement of the illness or condition." (Page 6, FAQ#14 - http://dpi.wi.gov/sspw/pdf/schlattendqa.pdf)

Autism isn't a mental condition that can be terminated, and its abatement was completely in the school's hands. What happens when the reason for him being out of school is due to his safety at school, and during this time period we're waiting for the changes to be implemented? I'm trying not to place the "blame" on the school, but I've done everything I could think of in trying to get them to understand their approach was not effective in maintaining a safe environment for him.
So get an excuse from his psychiatrist as to why he is causing self inflicted injuries. Oh, you don't have one of them? Your son isn't in counseling to find coping mechanisms?

As for not blaming the school, you shouldn't. Your son needs counseling and should be in counseling so he does NOT self injure. If you have not engaged him in counseling when he FIRST started to self injure, then you are the one to blame. You are being negligent in helping your son.
 

Humusluvr

Senior Member
My problem right now is in dealing with the district and the compulsory attendance laws. The district is engaging in truancy proceedings unless we can provide an excuse from his doctor or psychiatrist that states my son is "temporarily not in proper physical or mental condition to attend school but can be expected to return to school upon termination or abatement of the illness or condition." (Page 6, FAQ#14 - http://dpi.wi.gov/sspw/pdf/schlattendqa.pdf)

Autism isn't a mental condition that can be terminated, and its abatement was completely in the school's hands. What happens when the reason for him being out of school is due to his safety at school, and during this time period we're waiting for the changes to be implemented? I'm trying not to place the "blame" on the school, but I've done everything I could think of in trying to get them to understand their approach was not effective in maintaining a safe environment for him.
I'm going to agree with Ohiogal. If the doctor won't provide the necessary documentation, or you pulled him out of the school without getting him the proper medical care for his self-injury, then you ARE going to be charged as truant. You had other steps you could have taken without running the risk, and if you can't get documentation because you didn't document, then you will have to face those consequences. Schools have reasons for their rules, which are put in place so that parents don't make arbitrary decisions to keep their kids home.
 

I'mTheFather

Senior Member
I have a different take on this. This most likely isn't a child who self injures because of emotional problems that can be solved with counseling. In fact, with an IEP since the age of three, this child is probably already getting counseling as part of his IEP.

The problem is that the school requested a statement that the child was out of school due to his own illness or condition, and may return when the illness or condition improves. OP's stance is that the illness or condition will not improve without action on the school's part. She is correct. Even if the IEP did not require the changes they've agreed to make, the school should have called another meeting earlier in the year to address the issues the child was having.

I suggest that OP have the doctor write a statement saying that the child was out of school due to unaddressed issues in school that resulted in his self injury. The child is allowed to return to school when those issues have been addressed and supports have been put in place.
 

st-kitts

Member
Why not look into homeschooling for now? There are a huge variety of curriculums available. Maybe in the interim period where you are trying to make the situation better at school, this could serve everyone's purpose. The child wouldn't lack the needed education and you wouldn't fear his continued emotional/physical harm at the school.
 
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Ohiogal

Queen Bee
I have a different take on this. This most likely isn't a child who self injures because of emotional problems that can be solved with counseling. In fact, with an IEP since the age of three, this child is probably already getting counseling as part of his IEP.

The problem is that the school requested a statement that the child was out of school due to his own illness or condition, and may return when the illness or condition improves. OP's stance is that the illness or condition will not improve without action on the school's part. She is correct. Even if the IEP did not require the changes they've agreed to make, the school should have called another meeting earlier in the year to address the issues the child was having.

I suggest that OP have the doctor write a statement saying that the child was out of school due to unaddressed issues in school that resulted in his self injury. The child is allowed to return to school when those issues have been addressed and supports have been put in place.
But the doctor (psychiatrist) can still state -- if true -- that the child is out of school due to his illness and will return when the IEP is in effect. The child -- if self injuring -- needs counseling. If not in counseling, that is a problem. If in counseling, it should not be that difficult to get a note if all this has been documented by the counselor.
In other words, unless she does what the school requests, she can be charged for the truancy. If the child is NOT in counseling, then that is on mom for neglecting that portion of her child's mental health.
 

Ohiogal

Queen Bee
Why not look into homeschooling for now? There are a huge variety of curriculums available. Maybe in the interim period where you are trying to make the situation better at school, this could serve everyone's purpose. The child wouldn't lack the needed education and you wouldn't fear his continued emotional/physical harm at the school.
She may not be able to enroll the child in homeschooling this late in the year.
 

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