Expert: Tim Runner - 10/9/2008

Question
My son is 8 and autistic. We live in PA. He's only been to school 3 days since Sept 2. He is refusing to go to school to the point of hysteria. He awakens in sheer panic with pounding heart and difficulty breathing. He screams, fights and literally gets on his knees with hands folded in prayer, begging, pleading not to go. He wakes every night screaming in terror. This began the 2nd week of summer school. The first week was great, he loved it, then on week 2 he started this behavior, insisting a teacher hit him. With my sons autism, he repeats phrases he hears repeatedly. When this began, the phrases he began repeating were in a violent tone and suggested something awful and inappropriate had taken place. My doctor believes he was emotionally or physically traumatized by an incident at school. I got legal forms to withdraw him from school on 9/14 and I am homeschooling him (I already homeschool another child) until he is accepted into a cyber charter school I applied to the 2nd week of Sept. The Cyber Charter called saying the school has been repeatedly putting them off on giving my sons records compromising enrollment and delaying a teacher assisted special needs education. Since the 2nd week of sept, when I approached the school for help, giving them my educational plan of action, the school asked me NOT to hand in the withdraw forms being the only way I could obtain their help. They knew I wanted to do things properly and was worried about being cited. They Promised no citation would be issued- But once we reached a certain date and my son became truant (18 days) they threatened citation and they NEVER gave any help they Promised. They had a meeting about my son- without my knowledge or input- and they have done Nothing about my sons complaint of being hit by a teacher, except sweep it under the rug.I only got hours notice that they planned on coming into my home to physically force my son out and to school. Considering my sons emotional health, I'm not sure thats advisable and wanted a doctor's opinion 1st and not being aware of the meeting that took place, I already had a previously scheduled Doctor appt- that very morning and All I wanted was the doctor's professional medical opinion if such forceful action was advisable, or if it would jeapordise the notable change and progress I've made with my son since working with him at home. They told me if I did not comply THAT VERY MORNING- they would issue citation- not considering my medical documentation, legal withdraw forms dated 9/14 or the previously scheduled doctor appt. Also- knowing my fear of receiving citation, they threatened to splash this all over the local news. They said the number of truant days made all my documentation including the doctors invalid- even though the amount of time that has passed was due to them putting things off- not me. I have ALWAYS been available, willing and The One Begging For Help. I reached out to them "FIRST" I NEVER pointed fingers, got loud or did anything to ask for such treatment- I just asked for Help for my autistic son. Since I asked them to wait JUST ONE DAY- so I could go to that scheduled appt- they said they issued citation. They actually told me my sons emotional health and well being does NOT matter. My doctor thinks my son needs to be evaluated first. He also Believes my son has been previously mis-diagnosed, improperly evaluated and inappropriately placed in school. Where are my sons rights? Thank You for your advice. I'm sorry this is so long. I thought every detail to be important.  

Answer
Tracy,

The school's behavior is reprehensible based on what you stated in your question. You have a legal right to withdraw your son from school to home school him and it sounds like you have complied with the notification of the school. This negates their ability to cite you for truancy. They also have no right to come into your home and remove your son. If they try this, you should call the police and have them come out to protect your son. You can show them the paper work showing that you withdrew you son to home school him.

You might also file a police report for the abuse that you believed happened to your son at school. They will investigate with the school and your son's doctor. You should also consider taking your story to a reporter with the local paper. Talk to a reporter and tell them your story. One way or another this might end up in the local paper. It will be better if they learn your side of the story from you. I would say the benefits far outweigh any embarrassment. It also eliminates one of their threats.

They can call protective services and report you. This will result in an investigation but it should not be a problem for you given all that has happened and the backing of your doctor. The school is at war with you, now it is time for you to fight back for the sake of your son.

I wish you and your son the best,
Tim Runner, Education Advocate
You can learn more at my web site:
www.special-education-answers.com
www.education-advocates.com (for DSL and phone)