school says they filed with court for daughter being absent

[Tealx25]

My question is, my daughter is in 8th grade. She was out of school last week, I will admit she has missed alot of school, but she also has an IEP for anxiety and school phobia, has panic attacks and gets herself so upset that she actually would rather hurt herself than go to school somedays. I have been working with the school and gone through a few counselers, and still trying to find one that she is comfortable with. So the school officer who is also local police, went to my house last week while I was at work and knocked and called my daughter to the door. My daughter would never go to the door out of fear. I along told the vice principal that she probably would not answer for him and she stated she also told the officer that. I guess after she didnt answer he said he filed with the court. This was last week on Wed or Thurs. I didnt hear anything else, so when my daughter went into school today the principal and vice principal told my daughter she was suppose to be in court today. My child said my mom didnt know anything about it. They asked her if I got a letter in the mail, which i didnt. Then the principal stated she was going to call my daughter lawyer. She spoke with a man on the phone and asked what to do since alexia was at school and not court with her mother. My daughter got upset and asked to call me. I didnt hear the phone so I called back 4 mins later and stated someone called me and the secretary sent me to the superintendants office and i stated my name and who my daughter was and that secretary said oh this is the superindetants office let me send you back to the school secretary. So fustrated I hung up..figuring they would call me back. I never heard back until my daughter came home and told me what happen. My daughter was in the office when I called back and they never said anything to me! The secretary knew what was happening so why she acted unaware of who called me or why is beyound me? Doesnt the court have to send me something in the mail? Doesnt it take more than 7 business days for a court date? Why does my daughter have a lawyer that I know nothing about? And how could they file before knowing if my daughter had a doctors note to be out? How can they take me to court knowing my child has mental health issues that cause her absents, that is stated in her iep and diagnosed by the school departments pysch doctor after several tests given by her? Sorry so long and so many questions..but this has just caused my child severe anxiety thinking she will be going to court in front of a judge and I cant answer her questions im unsure of? Please help? Thank you in advance

 

[army judge]

I suggest you hire a lawyer and get to the bottom of all of this.
One thing is for sure, your resolution won't be achieved via the internet.
Your remedy lies in a MA court room.
Your problem is growing in severity.
You and your daughter require real lawyers licensed in your state, MA.
You also should only discuss this with your lawyer(s).

Good luck.

 

[Tealx25]

Thank you for taking the time to respond to my post. I know its a complicated suituation, I will contact a lawyer, I want to know my rights as well as my childs before I make any contact with the school about this.

 

[army judge]

Thank you for taking the time to respond to my post. I know its a complicated suituation, I will contact a lawyer, I want to know my rights as well as my childs before I make any contact with the school about this.

Your rights remain the same.

There's no need for you to speak to anyone at the school.
You need to be smart, protect yourself, and defend you and your child in court.

You have the RIGHT to remain silent.
You have the RIGHT to face your accusers in a court of law, and to cross examine those accusers in court.

I'll make it very simple, as a licensed attorney in several sates for many years: You should always politely decline to answer any questions, never try to explain or convince your accuser of your innocence. Why? Your accuser only wants to you to confess.

Remember this: (the exact wording varies from state to state, but the essential advice is to keep your mouth shut)


You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be provided for you.
Do you understand the rights I have just read to you?

All you ever need to say, is YES. Then you say no more!!!!



This applies to your minor child:

http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/juvenile.html


This blog explains it all in very fine detail:

http://www.mirandawarning.org/whatareyourmirandarights.html

http://www.mirandarights.org/prearrestquestioning.html

 

[ElleMD]

So when your kid is too upset or whatever to attend school, you are calling the school to report her absent, correct? And if she is that distressed that she can't attend school or answer the phone or door, you are home with her, correct? Your daughter wouldn't just be skipping school without your knowledge with no notice to the school?

I have spent many years in education. If the child fails to show with no absence reported and mom doesn't answer the phone when she is called, it is customary to send the police or resource officer to the home to make sure the child is safe. If there is no answer, it is standard practice to follow legal channels.

 

[CdwJava]

Also understand that your child could very well fail out of school as a result of missing the work. If she is so overcome with anxiety that she is regularly unable to attend school, you should seriously consider an alternative education plan. There are home study programs or other plans that might have her attending school for part of the day a few days a week and doing most of the work at home. If your goal is to keep yourself out of trouble, that's fine, but it doesn't benefit your daughter. If the goal is for her to obtain an education, work with the school and/or the county to get her into a program that will fit her needs.

Understand that the police do not have to consider the IEP for their part. If a child is truant or otherwise in violation of the law, they can act even if the school feels they cannot due to an IEP.

 

[ElleMD]

Also, the purpose of an IEP is to render services and assistance while the child is IN school. The school can not help her if she isn't showing up. While a home teacher or remote classes could be part of the IEP, that doesn't sound like the case here.