Parents of special-needs students clash with Collin County schools on truancy

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Parents of special-needs students clash with Collin County schools on truancy

02:10 PM CDT on Saturday, March 14, 2009

By MATTHEW HAAG / The Dallas Morning News

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Several Collin County parents of special-needs children say that some school

districts have gone too far by filing truancy charges against them and their

children.

The parents, who have children in the Farmersville, Frisco and McKinney school

districts, say the charges followed repeated arguments with district officials

about how the schools wouldn't, or couldn't, provide the educational services

the parents believed the children needed. The parents say the districts filed

the charges or threatened to pursue them to get parents to either withdraw their

students or to squelch their grievances.

" They want to drive these kids out of school, " said special-needs advocate

Lolalee Livingston, who has assisted some of the parents. " They want these

parents to remove their kids or send them to another school. "

The school districts declined to discuss the specific cases, but they denied

using truancy charges to push out special-needs students.

" To suggest or imply that we would pursue filing truancy charges as a means of

driving students and families out of the district is offensive, " said Shana

McKay-Wortham, Frisco ISD's spokeswoman. " We do take extenuating circumstances

into account, and we work very closely with our families to try to help with

interventions prior to filing truancy. "

State law permits school districts to file truancy charges against students and

their parents when students are absent 10 or more times within six months, or

three or more days within a four-week period. Truancy cases against all students

in many districts are climbing.

Parents and disability advocates say that those charges should be reserved for

dropouts, not children who suffer from serious disabilities that cause them to

miss school.

Money suggested

Charette said she believes money is the reason school districts file the

charges.

Districts receive state funding based on student attendance, and districts

receive additional state and federal money to educate special-needs children.

" They don't get paid if the child isn't in school that day, " said Charette, who

has an 11-year-old autistic daughter.

Last month, her daughter was suspended for three days from Staley Middle School

in Frisco ISD for throwing a book. Charette's daughter was irritable and

stressed the week she was supposed to return, so she kept her daughter home for

a few days. She sent the school notes to excuse the absences.

Expensive fight

Later that week, a school official gave Charette a letter indicating that Frisco

would file truancy charges if her daughter stayed home. Charette didn't want to

send her daughter back, but she couldn't afford to fight the truancy charges.

" We could spend tens of thousands of dollars and lose, " Charette said. She said

that money would be better spent on private school.

Early this school year, the Farmersville ISD decided that Baxter would

learn better in a more relaxed and controlled environment. , 13, suffers

from Asperger's syndrome and is bipolar.

So the district agreed to pay for a teacher to tutor her at home four hours

every week. 's mother, n Baxter, said she was surprised to learn

that Farmersville ISD was alleging that had amassed 43 unexcused

absences this school year. She says the family always rescheduled any missed

days.

Last week, a Collin County court summoned Baxter to testify in her daughter's

truancy case.

" They [Farmersville ISD] know they're thinking that if they push hard enough,

we'll just pull her out and home-school her, " Baxter said. " They are bullies –

that's what they are. "

Farmersville ISD officials declined to talk specifically about 's case.

But Greg on, the district's director of curriculum, said Farmersville

handles every truancy incident the same – regardless of whether the student has

special needs.

Truancy rising

The overall number of truancy cases in Collin County has ballooned over the last

few years.

In 2006, Farmersville ISD filed no truancy cases, according to the Texas

Education Agency. Over the next two years, the district pursued 57 incidents. In

Frisco ISD, the number of truancy convictions jumped from about eight in 2007 to

about 42 last year.

Neither school districts nor the TEA keeps numbers of how many truancy cases

involve special-needs students.

Frisco said the hike is a result of hiring a full-time truancy officer.

" We may have more filings, but we also have more students, " said McKay-Wortham,

the district's spokeswoman. " We are serious about keeping students in school. "

Tabitha and Kyndall are an example of how seriously Frisco ISD takes

absences, said their mom, Suesan .

Last year, the district excused most of the sisters' absences because of

illnesses. Tabitha suffered a brain injury five years ago, and recurring intense

headaches can make sleeping almost impossible, Suesan said. Kyndall has

horrible vision and easily contracts eye infections.

said Frisco schools stopped accepting all of her notes this year and filed

truancy charges against the family. A Collin County justice of the peace found

and her daughters guilty and ordered them to counseling. Both daughters

must take drug tests as well, said.

" My children didn't purposefully skip or ditch school. They were off on

legitimate illnesses, " she said. " But they are being treated worse than that of

a drug offender. "

Heidi Wanken said she spent weeks arguing with McKinney ISD officials about how

to best educate and protect her daughter. Her daughter suffers from selective

mutism. It's a rare childhood condition that causes to be unable to speak

in some social situations.

The condition also makes her child an easy target for bullying, Wanken said.

Wanken said the district wouldn't adequately protect her daughter from bullying,

so she kept her at home. McKinney ISD threatened truancy charges.

" We decided to withdraw her immediately and home-school her rather than face

truancy charges, " said Wanken, who is selling her house and plans to move out of

Texas. " It has had a devastating effect on all of us. "