Being Prosecuted for Truancy during Treatment

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I am so upset and angry and would really appreciate some advice, moral support and honest opinons. I am  a 48 yo single mom with 4 awesome kids.  My 2 oldest are grown and have graduated college and my 2 youngest are 6 & 10.  I was diagnosed a year ago with what was supposed to be a small cancer "Dont worry you wont lose your breast or your life!"  11 surgeries and heart failure later I am still having to do herceptin and finally recovering from the 6 months of weekly T/C/H when I get a court summons from my kids school.  I am being sued for contributing to my kids truancy.  They have only missed 2 days and 8 tardies!!  Yeah I know the tardies are bad but I was winded from heart failure and vomiting constantly!!  sheesh!!  I went to court and my only options are to plead guilty and pay thousands of dollars or plead innocent...which I feel I am and hire an attorney which I cannot afford.  There is also the fact that they left notes in the kids backpacks which would have excused their absences but they did not take them out of the bag and will no longer accept a parent note!  I have read that I can get any person with a doctorate degree to write a note excusing my childrens absence and it will be accepted, but this seems dishonest.  I dont want to be dishonest or teach my kids that.  I know they were with the child life counselor a lot but I dont know when and dont have notes...  Do you feel this is right?  I really honestly have done my best.  I am worried to say that though because what if they say well then we will find someone who can do better until you get well or something?  My son was repeatedly attacked by a bully at school and they didnt return my calls and I involved the police and I am wondering if this is a retalitory thing.....   HELP!!!!

Comments

  • GreenMonkey
    GreenMonkey Member Posts: 666
    edited February 2012

    Hi Laurel, 

    I don't have any sound advice to give you but I wanted to reach out an offer my emotional support. I don't understand why the school system isn't more supportive. My grandson is 10 and I help out taking him to and from school. Occationally I forget to pick him up (I feel terrible when that happens!) And they never give me a hard time.  My daughter in law is a single, working Mom (my son was her husband and he passed away) and she struggles trying to balance everything. 

    You have been through a lot and it hurts to hear your son is being bullied at school.  Children can be so cruel.  Sending you a warm ((((((HUG)))))) and  love.  shannon aka Green Monkey 

  • pickle
    pickle Member Posts: 1,409
    edited February 2012

    Oh my gosh Laurie..this is so awful for you to be dealing with this on top of your treatment. I am not familiar with the truancy laws there because I am in canada but this sounds outrageous to me.

    Is the school aware of your health situation? Perhaps the school leaders should be taking classes in compassion. The school community (parents, neighbours and teachers) should be stepping in to help you. This is just wrong.

    Can you get a free consultation with a lawyer? I think many firms offer a half hour or one hour phone consultation or do you have legal aid? Legal aid here provides a lawyer for people who are unable to pay for one.

    Best of luck to you

    Beth

  • Leah_S
    Leah_S Member Posts: 8,458
    edited February 2012

    Laurie, I am appalled to hear that the school district is doing this. 2 missed days and 8 tardies? Yes, it does sound like retaliation to me.

    It won't help you to emphasize that, though. I am sure you're eligible for a Legal Aid attorney so I suggest you pursue that route.

    Best of luck.

    Leah

  • Anonymous
    Anonymous Member Posts: 1,376
    edited February 2012
  • LaurieInDallas
    LaurieInDallas Member Posts: 29
    edited February 2012

    Thank you all so much for your support.  I called the school today and they said perhaps I have not read the code of conduct and they would be glad to send me a copy!  ((((hugs)))) shannon thank you Beth, my doctor sent them a letter months ago telling them that I was unable to drive and very ill in the morning.  They do not care.  I will try to get some kind of legal aid.  Thank you so much Leah and Windlass, I really appreciate your support.  I cry and then get angry and want to plan a picket of a thousand Moms with breast cancer!!!!  I was doing well and very positive before all this... now I feel so helpless and alone and scared for me and my kids...Thank you for helping me feel we are not so alone.

  • GramE
    GramE Member Posts: 5,056
    edited February 2012

    Not sure this will help, but American Cancer Society or some local support group could/should help you with this.  It is horrible that they are doing this and what does this teach the children?   Don't get sick, don't have compassion...    Hugs and Blessings

  • leggo
    leggo Member Posts: 3,293
    edited February 2012

    Oh Laurie, this just hurt my heart. Are they nuts? I don't even know what to say. I'm Canadian so I don't know about the US truancy laws either, but if it takes getting a note from a doctor, I'd do it, honest or not. Eight tardies doesn't sound like a lot to me with you being sick. It really sounds like someone's not aware of your situation. Have you spoken to the principal or the director of the school board to tell them of your situation? I feel so sorry for your child that was bullied. Doesn't sound like the school will be particularly helpful in that area. I can only tell you what I did when my son was bullied in the first grade. I paid a grade eight student to "talk" to the bully (if you catch my drift).

  • leggo
    leggo Member Posts: 3,293
    edited February 2012

    I just wanted to ask Laurie, why do you think getting someone with a doctorate to correspond with the school would be dishonest? You had perfectly valid health reasons. You know that, right? I wouldn't hesitate to ask my family doctor for help in this situation. I'm sure he'd write a note for you.

  • MiniMacsMom
    MiniMacsMom Member Posts: 595
    edited February 2012

    Gracie. I dont know if this applies but a lot of schools r really strict. They get paid by how many days kids r in school so they can be really strict about stuff because of money.



    Regardless, I hope it gets worked out easily. I second calling the doctor again and getting him involved.

  • leggo
    leggo Member Posts: 3,293
    edited February 2012

    Geez, I just keep getting madder. So money is the reason, not the best interests of the child....that's so messed up. I know this is after-the-fact, but is there no bus service to school or a friend/neighbour who could drive? It bugged the snot out of me to ask my neighbour to drive my son to school, but it turns out he was so happy to help...and you do what you have to do.

  • JanetM
    JanetM Member Posts: 336
    edited February 2012

    Have you been in contact with the school psychologist or social worker regarding this.  I know schools are strict about this but this is certainly taking it to an extreme.  Did you receive any correspondence/phone calls about the children's absences or tardiness before you received the court summons?  I would have to think that there is some procedure in place for notifying parents/guardians that be served with a court summons will occur if the children's attendance does not improve.  I would strongly endorse seeking out some legal advice on this matter.

  • Moonflwr912
    Moonflwr912 Member Posts: 6,856
    edited February 2012

    Yep, you need help and ((((hugs))))))))  check into legal aid, get your doc to write a note, call the Social worker at the school, and You could even go public - usualy there are TV stations that investigate this kind of stuff.  You might not even have to do it, just tell them you are looking into that!  Schools hate publicity that doesn't look good, and it sure does sound retalitory.  Please hang in there, you have been through a lot and don't need this crap! Much Love.

  • Anonymous
    Anonymous Member Posts: 1,376
    edited February 2012

    Try to get a legal aid lawyer. 

    If that doesn't work, contact the local media.  Most newspapers and TV stations have "troubleshooter" correspondents who will go to bat with you and for you. 

    The local school district does not want to show up on the evening news for maliciously prosecuting someone battling cancer because their kids had a couple of missed or late days.

  • leggo
    leggo Member Posts: 3,293
    edited February 2012

    I don't know about the media thing. Maybe it's just me, but I wouldn't want to subject my family to any kind of cancer-related publicity. It might be embarassing for the kids....and since one is already dealing with a bully....I don't know. If it comes to that, I guess you'll have to, though, but that would be a last resort.

  • MiniMacsMom
    MiniMacsMom Member Posts: 595
    edited February 2012

    Ok. Not sure how to articulate this. My potential future bil is a really good lawyer who works in tax and medical law. Now he has said that to get insurance companies to cover things... Or for other problems sometimes all it take is the threat of going public. They hate bad publicity and te newspapers love it. I read a national article today about how a teacher threw out a kids turkey sammy and banana and made him get the school lunch of chicken nuugets because his wasnt a fully rounded lunch. They school is on full ass-kissing patrol (pardon). So sometime if nothing else works a threat of getting a lawyer and hitting up the today show,might work. Some lawyers might even do it probono if call around. Again, good luck and i hope itworks out amicably for u and thekiddos.

  • judyfams
    judyfams Member Posts: 148
    edited February 2012

    I would advise you to make an appt to speak to the supt in person.  take someone with you to take notes of what is being said at the meeting.

    To this meeting, bring letters from your doctors explaining your complicated medical condition, and a letter from your pastor as well. Ask the supt. if he can judge your case on an individual basis due to extenuating circumstances and not just one of the usual truancy cases.

    After the meeting send him a thank you note with a summary of what went on at the meeting and end it by saying you are looking forward to hearing from him.

    If you don't hear from him or he doesn't rule in your favor - then go through the same process with the town mayor.  And finally if you don't hear fromthe town mayor or he says he cannot do anything then you should go to the local paper and speak to a reporter there.

    Only go public when you have exhausted all other options.  Also ask your pastor if he knows of anyone in the congregation who can represent you legally as a pro bono case.

    Judy

  • Outfield
    Outfield Member Posts: 1,109
    edited February 2012

    Laurie,

    Unbelievable!  

    I don't know why a note from somebody with a doctorate would be "dishonest."  My pediatrician would I'm sure write a letter if one from my own doctor wasn't good enough.  If your pediatrician doesn't know you well, offer to give your oncologist's contact information and sign a release so the pediatrician can speak to your oncologist.  Is your oncology clinic big enough to have a social worker?  That person might be able to help as well. 

    This situation makes me really scared for you.  Do you have much help?   

  • maggiesuzanne
    maggiesuzanne Member Posts: 63
    edited February 2012

    Get a social worker to come to your home and be an advocate for you! You are not crazy, you are physically I'll and a social worker will help you!!!

  • LaurieInDallas
    LaurieInDallas Member Posts: 29
    edited February 2012

    I have had the same pediatrition for 10 years and he will not write any kind of note unless you have been to his office on that date.  I asked.  We have two wonderful social workers(child life specialists) for the kids, but I have been too sick to do that lately....   I have cried off and on about it all day, but I am going to just try to let it go and have a good weekend and do what I can with the kids.  They both cried a lot tonight too and want me to just homeschool them.  I would give anything to be able.

  • leggo
    leggo Member Posts: 3,293
    edited February 2012

    Laurie, why not take yourself and the kids to your family physician? He must have your treatment records and he could intervene on your behalf. I'm still unclear why you think that this would be dishonest. I like living in denial sometimes too, but we're talking about your kids here. I hate to say it, but if you don't take care of this....who knows what's going to happen. From other posts I've read here, it sounds like all the power lies with the school. I'm not sure I'd be taking any chances. Like I said before, I'm not familiar with the US school system, but surely a doctor's letter would trump whatever they think is happening.

  • tedwilliams
    tedwilliams Member Posts: 178
    edited February 2012

    As a retired teacher, I agree with the process Judyfams suggested.  As hard as this is, there are 3 sides to every story.  For a school to proceed with legal action means they have exhausted their avenues to ensure attendance.  This is not just about ADA but also about what is best for the children.

    Laurie...you mentioned you have social workers for the children.  They need to be contacted and asked for support in this matter.  They may be able to find a source of transportation to aid you in getting the children to school.  Perhaps they can advocate for your family with the school.  Being a single mom is tough enough without adding the cancer card.  Stability and routine are essential for the entire family.  That may require asking others for help during this time...sometimes a hard thing to do.  We all want to be the strong ones for our kids.  Sometimes being strong means asking for help.

  • judyfams
    judyfams Member Posts: 148
    edited February 2012

    Laurie,

    I wrote my post about the proess you should do because I am not only a retired teacher, but also president and chief negotiator of my local union for over 10 years before I retired.

    In school systems you have to "play by their rules" and just be a little smarter!  You need to demonstrate that you went through the chain of command - truant officer, principal, then superintendent.  You also need to establish a paper trail to show that you tried to resolve this at every level.  When that is done then you have demonstrated that you have exhausted all your options and then you can take it further (as I mentioned in my previous post) without being accused of jumping the gun and not trying to resolve the issue in the correct manner. You can also do the process I stated with a social worker to act as a parent advocate for you.

    This WILL NOT go away if you wait.  You need to be proactive -NOW!  Also one word of caution - when you meet with these people do not bring up the bullying issue - that is mixing apples with oranges.  Concentrate on this one issue, then when this gets resolved you can take up the bullying issue.  By that time the school district will know you really mean business and will deal with the bullying issue more readily!

    Judy

  • exbrnxgrl
    exbrnxgrl Member Posts: 12,424
    edited February 2012

    I am currently a public school teacher. I can only speak to laws in my state. ADA, average daily attendance, is the major source of funding for most districts in my state. The laws that define truancy are state laws not laws determined by individual districts or school sites. Judyfams and tedwilliams have given you excellent advice. On a more practical level, and only if you are comfortable, does your school community know about your situation? My school is very close knit and when parents have illnesses or other crises, the community has stepped up with giving rides to children, meals etc. I know because even though I'm a teacher, I had meals sent to me while I recovered from my bmx.

    Best of luck with this and I hope it can be resolved without too much stress.

    Caryn

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