Consequences for not sending kid to school - UPDATE in OP

[monsterz]

I just found out today that the elementary school our son was placed in does not have support services in place to support his IEP.   I am still trying to figure out what exactly happened but the IEP and Special Ed Addendum  I sent to the enrollment office appears to have not been looked at when placing him in school.   As a result he is placed in the neighborhood school that does not have the services he needs.   

The principal said she has forwarded the IEP to the district office but a decision on a placement likely won't be made until after school begins.   This is unacceptable to me.  I can't have him starting school and then some point down the road change to another school.  She has said it is up to me whether or not we send him to school knowing that the placement is not permanent, but she advises against keeping him home.

What are the potential consequences if I choose to not send him until we know where he will be attending school permanently?  I am going to be pushing hard to get a placement within the next week but there is no guarantee. 


Other possible relevant information we just finalized his adoption from foster care, he has a trauma background and we just moved him across the country.   He needs a smaller more structured classroom to decompress at times and needs an aide when in the gen ed class.   The district received  his IEP and all paperwork over 6 weeks ago when I sent in all the enrollment paperwork.   


Update:  The SpED supervisor for our region called me this afternoon and we have a new school placement!   I am kind of sad that he isn't in the neighborhood school, but thrilled that he is in a more appropriate program.   I am going to go to the school tomorrow to find out more and show jr around.   I am thrilled that she turned this around so quickly today.

[Deleted]

I'm so sorry! I'd get a lawyer.

[Deleted]

I believe there is an allowable gap in enrollment of up to two weeks in most places. This would be a time when he is not enrolled anywhere and is often used in the case of a child moving where they finish at their old school but don't start at the new one until they have officially moved.
About 10 years ago we had a large family trip and BIL was set to start 6th grade that same week. MIL got the dates confused and thought he started a week later. She called the school and they suggested unenrolling him and re-enrolling him the second week of school. This way he would start fresh on the second week of school and would not have any absences.
Is something like this a possibility? Will they completely unenroll him for a week or so if they can't get the placement sorted out?
Otherwise, a program like K12 online that will allow you to do a modified homeschool one month at a time. A friend did this when they moved one month before the end of the school year. She just picked one subject (math, in their case) and did that for the month and it counted for their last month of schooling. 

[tevagirl]

The school district is out of compliance enrolling him in a school that can't accommodate him. Push the district hard to get schools switched, it should not take that long to get him placed in the proper school.

How old is he? Our district sends a letter home at 7 days missed. I don't think they are considered truant until more than 14 days are missed.

[Deleted]

I would also escalate this. They fucked up.

[cleosprite]

What is her reasoning for not keeping him home? Does she have anything solid, or is just "well, it would be best if he was in school, blah blah..." Honestly, you sound pretty worried about him changing schools, and I would listen to that instinct...but I'd also consider if your fears is about him changing schools, or starting a new school a few weeks into the school year (which he will be doing if they don't get their act together). Is there anyway the neighborhood school can accommodate him for the year, and he change schools next year?

As for actual consequences of keeping him home, I don't know, but I'd be pretty heavily documenting that they majorly dropped the ball and are out of compliance with his IEP, as much as you can. If anything comes of it, you have the paperwork to show that you were acting in his best interest, at least.

ETA: I'm so furious on your behalf. That is such a major screw up and they should be bending over backwards to get it fixed.

[redheadk]

Escalate this to your district's special ed department. This is different than the principal, who should have done this for you but is not actually in charge of SpEd services, IME.

Given the special circumstances with his background and move, I'd push extra hard to get him appropriately placed for the start of the school.

Can you get an advocate involved? It's not as hardcore as an attorney but it's let the district know you mean business and won't be pushed around.

ETA: Have you had a transfer ARD or did you just forward the paperwork?

[monsterz]

Sept 2, 2015 23:23:54 GMT -5 tevagirl said:

The school district is out of compliance enrolling him in a school that can't accommodate him. Push the district hard to get schools switched, it should not take that long to get him placed in the proper school.

How old is he? Our district sends a letter home at 7 days missed. I don't think they are considered truant until more than 14 days are missed.

He will be 7 next month and is in 1st grade.  I am definitely pushing as hard as I can so he can start school on time.  Teachers are voting to go on strike tomorrow so that may buy me some time.

[monsterz]

Sept 2, 2015 22:53:15 GMT -5 @notquiteblushing said:

I'm so sorry! I'd get a lawyer.

I am trying to get in touch with an advocate as a first step.

[redheadk]

Sept 2, 2015 23:23:54 GMT -5 tevagirl said:

The school district is out of compliance enrolling him in a school that can't accommodate him.

This isn't technically true where I am. You enroll at your home campus and have your transfer ARD/IEP meeting there but then are placed at the alternate campus. 

Just to be clear, I'm definitely not defending this school, just trying to clarify to help the OP. 

[monsterz]

Sept 2, 2015 23:17:23 GMT -5 @forcuatro said:

I believe there is an allowable gap in enrollment of up to two weeks in most places. This would be a time when he is not enrolled anywhere and is often used in the case of a child moving where they finish at their old school but don't start at the new one until they have officially moved.
Is something like this a possibility? Will they completely unenroll him for a week or so if they can't get the placement sorted out?
Otherwise, a program like K12 online that will allow you to do a modified homeschool one month at a time. A friend did this when they moved one month before the end of the school year. She just picked one subject (math, in their case) and did that for the month and it counted for their last month of schooling. 

That is possible. I called enrollment this morning to find out what options we have and if we can get him into an option school that has a program that would work for him.

[monsterz]

Sept 2, 2015 23:33:19 GMT -5 cleosprite said:

What is her reasoning for not keeping him home? Does she have anything solid, or is just "well, it would be best if he was in school, blah blah..." Honestly, you sound pretty worried about him changing schools, and I would listen to that instinct...but I'd also consider if your fears is about him changing schools, or starting a new school a few weeks into the school year (which he will be doing if they don't get their act together). Is there anyway the neighborhood school can accommodate him for the year, and he change schools next year?

She gave no reason and I didn't ask.  Last year he was in 2 kindergarten programs as he was placed with us 2 months after school started.  He had a really hard time at camp this summer and I see him testing limits to see what he can get away with and their not being staff to help.  Given how many transitions he has had I need to get him into a routine and switching schools is not something he will handle well.

ETA: I'm so furious on your behalf. That is such a major screw up and they should be bending over backwards to get it fixed.

I agree.  I have been alternating between being on the verge of tears and wanting to drink heavily all day.

[monsterz]

Sept 2, 2015 23:43:49 GMT -5 redheadk said:

Escalate this to your district's special ed department. This is different than the principal, who should have done this for you but is not actually in charge of SpEd services, IME.

Given the special circumstances with his background and move, I'd push extra hard to get him appropriately placed for the start of the school.

Can you get an advocate involved? It's not as hardcore as an attorney but it's let the district know you mean business and won't be pushed around.

ETA: Have you had a transfer ARD or did you just forward the paperwork?

We did that this morning.  The principal called when I was in the office and she had previously called when she saw his IEP.

I am looking into an advocate.

I was asked to send the paperwork at enrollment and also filled out forms to have records transfered.

[curbsideprophet]

I would start with looking up your state laws for enrollment. Sorry they messed up.

[redheadk]

Sept 2, 2015 23:58:06 GMT -5 monsterz said:

Sept 2, 2015 23:43:49 GMT -5 redheadk said:

Escalate this to your district's special ed department. This is different than the principal, who should have done this for you but is not actually in charge of SpEd services, IME.

Given the special circumstances with his background and move, I'd push extra hard to get him appropriately placed for the start of the school.

Can you get an advocate involved? It's not as hardcore as an attorney but it's let the district know you mean business and won't be pushed around.

ETA: Have you had a transfer ARD or did you just forward the paperwork?

We did that this morning.  The principal called when I was in the office and she had previously called when she saw his IEP.

I am looking into an advocate.

I was asked to send the paperwork at enrollment and also filled out forms to have records transfered.

You are doing everything right. This is absolutely infuriating. I'm so sorry.

Fingers crossed that you are able to get an advocate quickly. 

[spk926]

Sept 2, 2015 23:49:09 GMT -5 @kar said:

School isn't mandatory here until 8. I'd hope that means you shouldn't have any trouble, but...I wonder.

Just to clarify... School isn't mandatory until age 6, or grade 1, here but by enrolling your child you are agreeing to the same attendance rules and laws that ages 6 and up follow. I bet yours is similar.

[katlizabeth]

As an educator, my advice would be to go to whoever they forwarded the IEP to and talk directly to the person in charge. The principal did t seem to know for sure what would happen, when. Talk to someone who knows.

[ssmjlm]

Honestly I would escalate to someone at the school board. It doesn't seem that the principal is advocating for your son at all if they can't read a file correctly.


I don't have a kid in school, but the threads here and on ML have me very concerned for when she is in school. Putting kids on the wrong buses, not letting them go to the bathroom, etc. It's definitely not placing educators in a good light.

[Deleted]

Sept 3, 2015 7:08:52 GMT -5 ssmjlm said:

Honestly I would escalate to someone at the school board. It doesn't seem that the principal is advocating for your son at all if they can't read a file correctly.


I don't have a kid in school, but the threads here and on ML have me very concerned for when she is in school. Putting kids on the wrong buses, not letting them go to the bathroom, etc. It's definitely not placing educators in a good light.

These are exceptions. I have yet to meet a teacher who is incompetent, uncaring, or generally not passionate about doing what's best for kids.

OP- I think that an advocate is a great first step. I know that there are a handful who frequent my local FB mom board if you have any trouble finding one. I'm so sorry they screwed up. Have you talked to the district head of special Ed yet? It sounds like the principal might not be as familiar with the procedures.

[anna7602]

No advice, but I'm really sorry you are dealing with this. What a massive screw-up on their part.

[imojoebunny]

I second the advocate. We ended up pulling my daughter out, and putting her in private school, but had that not been an option, my next step would have been an advocate, or possibly a lawyer. DH and I with all our doctor reports and expensive evaluations could get no where with the district we were in on our own. It felt deliberately set up to deny services as long as possible, until the child was completely broken. I think you are right to not want to send him to be warehoused in a place without supports. There is a child in DS's school now, in second grade, who 4 weeks into school, has already been suspended and sent to the principal practically every day. All the other kids are mean to him because of his ODD style behavior, but it is taking forever to get him moved to the school that has a therapeutic classroom. It is not a good situation for anyone, least of all the child, who now will hate school all the more. 4 weeks to an adult is a long time, to a child, stuck, it would be an eternity. If they are telling you two weeks, it will really be 4 in my experience, if not longer. They have a way of resetting the "clock" and blaming you. Once they reset DD's after 30 days because the Dr who issued the report (50 pages long, all bound up nice and tidy) did not "sign it" with a signature. Of course, they didn't tell us, until day 30.

[lilac05]

It sounds like you're doing a good job handling this.

I'd continue to escalate this. Involve as many of the higher-ups as you can until someone listens and does something. They messed up here; your child shouldn't have to pay for that!

I wouldn't send him to the school without proper supports, even if that meant getting reported for truancy. He's not missing school because you don't feel like driving him there or because he wants to stay home and play video games. He's missing school because the school is failing to provide the services that THEY determined were needed to ensure a good education for him. THEY screwed up here, not you. If this was simply a preference of schools because of location or a specific teacher, that would be one thing. But they put him in a school that cannot adequately meet his needs. Not much different than if they accidentally messed up a grade assignment and somehow put a 12 year old in a 2nd grade classroom.

I'm sorry you have to deal with this. I hope it gets fixed soon.

[redwino]

Call the district sped department and talk to them. A principal doesn't have the power to place a kid from their building into another so that's why he doesn't know the timeline. The district sped department does this because they know which schools serve which needs and which programs are full. Call them and tell them you want him to begin school on day 1 and ask what can be done to make this happen. This is not a unique situation so it shouldn't be too difficult to find a solution.

[redwino]

The process takes "so long" because there must be evidence that a disability is present AND there are adverse effects on educational performance. Diagnosis=/=disability. The procedures are truly set up to protect the child and parent. I understand that it doesn't necessarily feel that way as a parent. But, it's important that every little black boy having some disciplinary problems isn't labeled emotionally disturbed and every ELL kid who isn't keeping up with his peers isn't labeled intellectually disabled. We like to think this wouldn't happen but it would. The process is cumbersome at times but working in urban settings, I appreciate every part of it.

My flameful opinion is that the real problem is with Gen ed. Most children who receive sped services do so through pullout or co-teaching. The general education setting has got to step up to meet the differing needs of students because those students are in the general education setting most of the time. An IEP can only do so much, there needs to be changes to the entire system. OK, I'm off my soap box.

[Deleted]

Director of special services is who you need to talk to. Was your child in this district last year? Was an aide already written in the IEP?

[monsterz]

Sept 3, 2015 9:39:43 GMT -5 @amydm said:

Director of special services is who you need to talk to. Was your child in this district last year? Was an aide already written in the IEP?

No we just moved from out of state which complicates things.  There is an aide written into his IEP.

I have contacted the regional supervisor for SpEd.  If I don't hear back today I will escalate tomorrow.

[kershnic]

I didn't read all the replies, but do not agree to unenroll or homeschool in fear of consequences for missing school. He needs to be in their system so they're responsible for getting the services he needs.

Technically they can get cPs involved for child neglect if yiu miss too much school, but no one wants to take that case anywhere if you've been actively working for them to find a legal placement for him.

I agree with you, I wouldn't want a kid in your kids situation to start one school and the transition to another. Good job for standing up for your kid. Blow up everyone's phone until they fix this.

[kershnic]

Oh also the woman who told you to send him likely has no rationale for it, she just can't go on record as telling a parent to keep a child home. Plus the schools have attendance targets they have to actively work to meet. It's not about your kid so don't worry about that part.

[auntie]

I'm so sorry you are dealing with this.

I would urge you to become very familiar with SPED law asap. I like this book as a primer-

www.wrightslaw.com/bks/feta2/feta2.htm

I would also suggest starting out in the spirit of collaboration. You want to be knowledgeable regarding your child's rights without seeming to be out to hunt humans. This is a new school year, the staff is just back and potentially heading out to strike- this is not a time to be that mom. I would avoid lawyering up so early in the game or you could be paying legal fees until he ages out of IDEA at 21. A paid advocate might help, but I'd reach out to special services and find out what the timeline is. If they are not cooperative, contact your state BOE and speak to someone. Your district is out-of-compliance; the DOE can help around your question vis a vis truancy.

I had a similar situation bridging my son to public school in 4th from a private lab school. I wrote the district director of special services a letter concerning DS's upcoming (Sept) enrollment in the neighborhood school in mid-February. I asked for a MFE and included copies of all of the previous testing we'd had done thus far. My intention was to have at least the MFE completed. Since this was not done; I contacted special services over the summer and reminded them they they were violating DS's rights under IDEA and asked what the plan was. She asked me what I felt DS needed and she put that all in place for him on day one. I signed his new IEP the day before the Christmas break.

I was able to get what DS needed without destroying my working relationship with the team. This isn't always possible, but is worth trying. I was able to leverage my reputation for being "understanding" on several occasions over the years to get things that were more important.

[monsterz]

So far I have not gotten angry with anybody although I am fuming as I know the people I am speaking to are not responsible for the situation I am in. Everybody so far has been very understanding and helpful. Yesterday was a tough day as it was a professional development day so the district SpEd employees were off on a retreat. I do not want to be branded as "difficult" before we even start as I want to have a good relationship with people going forward.

When jr was first placed with us the previous district requested that we keep him home for 3 days while they could put a plan in place, we then had an interim IEP meeting to determine appropriate services/placement and it ended up being great. I liked this way better than being told to start and we will figure it out later.

I appreciate all the feedback and support on this and will keep you all posted. Right now I am off to make more calls.