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Truancy but its medical

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wismo

Junior Member
What is the name of your state (only U.S. law)? Massachusetts
I live in ma. my son has been sick for 5 months with an a semi diagnosed illness he has general anxiety disorder and general fatigue like symptoms and has been literally to sick to go anywhere school or anywhere else.

So far he missed 16 days of school hes 15 years old and wher being threated with truancy weve been seeing medical help with out solution yet is there anythin I can do to get these people off our back so we can concentrate on his health right now Thanks for any help
 


mistoffolees

Senior Member
Sorry, but if he's been too sick to go to school for 5 months, a 'semi-diagnosed illness' wouldn't be sufficient for me. "General anxiety disorder"? Give me a break.

Now, if he is being appropriately treated by doctors and has a real (rather than imagined) illness, then you would be OK with a doctor's excuse. So what is the doctor saying when you ask when the child can go back to school?
 

Zigner

Senior Member, Non-Attorney
The school district is required to provide educational services to your disabled child. When you requested assistance, what did they tell you?
 

wismo

Junior Member
He hasnt misse 5 months of school only 16 days.
And Drs. can only say he has to try to get to school.

And refer us somwhere else so undiagnosed really no Dr. wants to commit to saying yes hes has something right now we dont now what it is but hes sick to be in school right.
 

mistoffolees

Senior Member
The school district is required to provide educational services to your disabled child. When you requested assistance, what did they tell you?
I don't see any evidence that the child is disabled.

He hasnt misse 5 months of school only 16 days.
And Drs. can only say he has to try to get to school.

And refer us somwhere else so undiagnosed really no Dr. wants to commit to saying yes hes has something right now we dont now what it is but hes sick to be in school right.
So the doctor says the child can go to school, but you're simply not sending him. Sorry, medical excuse doesn't cut it. My daughter used to try that. About once a week, she's wake up with a 'stomach ache and not feeling well'. After a couple of times when she was fine by 9 am, I started sending her to school unless she had a fever or severe symptoms. Her complaints stopped.

As far as the court is concerned, your child is malingering and simply doesn't want to go to school. In order to beat that presumption, you need a doctor's order that says the child can't go to school. So either get the child to school or get the child to a specialist to find out what's wrong.
 

Zigner

Senior Member, Non-Attorney
I don't see any evidence that the child is disabled.
Actually, what the OP is describing would fall under Section 504. I would recommend that the OP take a peek at http://www2.ed.gov/about/offices/list/ocr/504faq.html for more information.

Here is a snippet:

The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.
(emphasis added)

The hurdle that the OP will have to overcome is the unwillingness of the doctors to actually diagnose the child. OP should request that the district evaluate the child for special education services.
 

wismo

Junior Member
I don't see any evidence that the child is disabled.



So the doctor says the child can go to school, but you're simply not sending him. Sorry, medical excuse doesn't cut it.


Why didnt I think of that Just tell him to go.
These prblems have been gong on way before school started this year and when he was on summer vacation he was already lke he is now fatigue wont even o outside to play..
 

CdwJava

Senior Member
So, rather then letting your child suffer and potentially fail out of school, seek special services or an alternative program that can allow him to learn from home, perhaps. It does him no service to keep him from school and watch as he fails school because of so many missed days that he cannot keep up with the work.

if this were MY child, and he had a legitimate medical need, I would find a program that would allow him to maintain his education at home, if need be, until some sort of resolution could be found to address his medical needs and allow him to attend school.

The problem you have with mandating the state to provide these services is an apparent unwillingness of a doctor to nail down the cause of his ailment or say, definitively, that he should not go to school. I would seek an IEP to address the issue and provide resources and alternative plans.
 

wismo

Junior Member
Thanks java Ya its hard because hes seen psychitrists nuroloists his pediatrician er at chidrens hospital. But no ones pinned down aroot cause.
Hes willin to do his work and has done some at home but school wants him at school.
But we are going to go back in and see about an alternative if ther is one.
 

CdwJava

Senior Member
Thanks java Ya its hard because hes seen psychitrists nuroloists his pediatrician er at chidrens hospital. But no ones pinned down aroot cause.
Hes willin to do his work and has done some at home but school wants him at school.
But we are going to go back in and see about an alternative if ther is one.
The school wants him there because that is where the instruction is, and, they likely only get funding if he is present - not absent.

The bottom line is that if he is not in school he is missing out on the learning. An alternative program would be made MUCH easier (perhaps even mandatory) with an IEP in place. You need to look for options and work WITH the school district, not argue with them. By their rules - and pursuant to state law - you may very well be permitting your child to be a truant.

Perhaps you might need to home school him until a diagnosis is made. At least that should keep you out of trouble provided you do it by the numbers.
 

mistoffolees

Senior Member
Actually, what the OP is describing would fall under Section 504. I would recommend that the OP take a peek at Protecting Students With Disabilities for more information.

Here is a snippet:

The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.
(emphasis added)

The hurdle that the OP will have to overcome is the unwillingness of the doctors to actually diagnose the child. OP should request that the district evaluate the child for special education services.
That's begging the question. Your source states:
"To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities."

I don't see any evidence at all that the child meets ANY of those requirements. In fact, the doctor has certified that the child is able to go to school, so the child does NOT meet the requirements.

I really object to the use of money that should be used on educating the children who can actually be bothered to go to school to provide special care for a kid who simply doesn't want to go - at least as far as any evidence is concerned.

Give me a break - fatigued? Try getting my daughter up in the morning. ALL kids are tired when they wake up if they don't want to go to school. General anxiety disorder? Translated, that's "there's nothing wrong with the kid but Mom is driving us crazy asking for a diagnosis".

Legally, the kid needs to be in school unless a doctor says otherwise. The doctors who have examined the child say the child can be in school. The kid needs to be in school - even if he's a little fatigued. Stop covering up for his malingering. OR, see a specialist to see if there's something really wrong. But you can't simply continue to say "he's too tired to go to school even though the doctor says he can go".
 

wismo

Junior Member
That's begging the question. Your source states:
"To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities."

I don't see any evidence at all that the child meets ANY of those requirements. In fact, the doctor has certified that the child is able to go to school, so the child does NOT meet the requirements.

I really object to the use of money that should be used on educating the children who can actually be bothered to go to school to provide special care for a kid who simply doesn't want to go - at least as far as any evidence is concerned.

Give me a break - fatigued? Try getting my daughter up in the morning. ALL kids are tired when they wake up if they don't want to go to school. General anxiety disorder? Translated, that's "there's nothing wrong with the kid but Mom is driving us crazy asking for a diagnosis".

Legally, the kid needs to be in school unless a doctor says otherwise. The doctors who have examined the child say the child can be in school. The kid needs to be in school - even if he's a little fatigued. Stop covering up for his malingering. OR, see a specialist to see if there's something really wrong. But you can't simply continue to say "he's too tired to go to school even though the doctor says he can go".[/





I wasnt tring to convince any one here that my kid is sick or not and hes been to specialists if you want to call it that BUT Drs. are missing something and the problem isnt only fatigue but thats besides the point it and congradulations you can get your kid up in the AM mine is in bed ALL day and doesnt leave house or room much and by the way FYI he never been in trouble hes not a juvenile delinquent.
However Im done here I askes a question I dont need my parenting skills attaked by some goofballs who think they have legitamate advice to offer it looks like people cant read the op and understand the words to actually helpnot frustrate but like I said Im done FREE ADVICE.... I GUESS U GET WHAT YOU PAY FOR!!!!
 

cyjeff

Senior Member
I wasnt tring to convince any one here that my kid is sick or not and hes been to specialists if you want to call it that BUT Drs. are missing something and the problem isnt only fatigue but thats besides the point it and congradulations you can get your kid up in the AM mine is in bed ALL day and doesnt leave house or room much and by the way FYI he never been in trouble hes not a juvenile delinquent.
However Im done here I askes a question I dont need my parenting skills attaked by some goofballs who think they have legitamate advice to offer it looks like people cant read the op and understand the words to actually helpnot frustrate but like I said Im done FREE ADVICE.... I GUESS U GET WHAT YOU PAY FOR!!!!
Wow... never heard THAT before.

What we are saying is that no one can find anything wrong with your son. That means he needs to be in school.

I am the parent of a 17 year old girl. Getting her up and moving has taken a great deal of my time over the last 4 years or so... ALL kids are fatigued a bit.... comes with the "growing pains" thing.

Unless a doctor finds something to attach, you have to come to grips with the fact his condition may be self imposed and make him go to school.

Want to make sure?

Next time he is too tired to move, let him stay home... but remove all computer, video game systems, music players and leave him with nothing but a pile of homework.

After all, he should just be sleeping, right?
 

mistoffolees

Senior Member
Wow... never heard THAT before.

What we are saying is that no one can find anything wrong with your son. That means he needs to be in school.

I am the parent of a 17 year old girl. Getting her up and moving has taken a great deal of my time over the last 4 years or so... ALL kids are fatigued a bit.... comes with the "growing pains" thing.

Unless a doctor finds something to attach, you have to come to grips with the fact his condition may be self imposed and make him go to school.

Want to make sure?

Next time he is too tired to move, let him stay home... but remove all computer, video game systems, music players and leave him with nothing but a pile of homework.

After all, he should just be sleeping, right?
Exactly. In addition, what time is he going to bed? Our older daughter used to stay up until 2 am chatting with her friends - and then fought all morning about being too tired to go to school (it didn't work).

The younger daughter used to try "I don't feel well" several times - during the year she had a teacher she didn't like. The next year, she liked her teacher and her 'problems' all went away. There were probably 20 days that she 'didn't feel well' and went to school, anyway. As soon as she got to school, she was fine.

If the child is really sick, they need to be home for their sake and the sake of the other kids. But "I'm tired and don't feel well" shouldn't be grounds for an extended vacation. Not only is there the potential for criminal charges, but the child is being deprived of an education.
 

someonehelpme

Junior Member
Actually, what the OP is describing would fall under Section 504. I would recommend that the OP take a peek at Protecting Students With Disabilities for more information.

Here is a snippet:

The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.
(emphasis added)

The hurdle that the OP will have to overcome is the unwillingness of the doctors to actually diagnose the child. OP should request that the district evaluate the child for special education services.
agree, you need to get your child disgnosed and a 504 in place. my child already had an IEP for a learning disability so adding the 504 for her newly diagnosed medical issue was easy. the trick is that it has to be in effect before your child misses school to get the school off your back. also if it is a lifelong illness, make sure that all teachers are aware and that it continues with him through college.

research your childs symtoms. i knew what was wrong with my daughter 4 months b4 the docs labeled it. you have to fight for your child because NO ONE else will. if she were a docs kid, she would have been diagnosed and medicated in a week. even with a 504 you may have to fight the school to provide the services that are needed.

its easy for people not involved or unaware to criticize. one soccer mom called my daughter lazy because she wasn't able to keep up with the soccer team on the runs. the kid had lost 15 lbs(was 103) in 3 months and was basically starving to death. can't understand why she didn't have any energy.:mad:
 
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