Truancy problem.. Need advice..

Find or post information on the legal aspects of homeschooling in your state.

Moderators: Theodore, elliemaejune

babyblueeyes
User
Posts: 10
Joined: Mon Oct 23, 2006 9:35 pm
Location: West Virginia

Truancy problem.. Need advice..

Postby babyblueeyes » Fri Nov 03, 2006 4:39 pm

I have a court hearing coming up on truancy. My daughter did not attend school from having phobia but most of her absences were excused, however the school messed up her attendance record and unexcused her days from homebound which clearly made it look like I committed truancy. I called the homebound office last week and they called her school to straighten up this issue. But when I asked them for her attendance records earlier this week because of this issue, they smarted me off and said the attendance director told them to count her absent because she did not attend. And told me that I could not get a copy of her records because they were erased completely from their computers once she entered another school (homeschooling by the way), and told me to talk to the attendance director about it. Furthermore, as soon as I spoke with her school about it, for some reason, they called the attendance director and told her about it, whom is by the way the person taking me to court. When I spoke with this woman, she said she'd give me a copy of her attendance record if she had a copy. Also denied my daughter was ever actually counted unexcused from homebound on her attendance record. But I have her past attendance records and the court papers both showing that she was. She also asked me to bring my daughter to the court hearing, not that I will, and told me that the judge would go easier on me if I did just so he could talk with her about the importance of attending school. She will not drop the court hearing even though I actually haven't committed truancy. And I found out that her records are right up there in the office building that this woman works from talking to someone else there. She told me that she had a copy of my daughter's excused days with homebound and said she'd supply me with a copy of them on the day of the hearing. Not that I will just sit back and wait for that to happen. I also have the problem with my son. When he returned back to school, she sent me a legal notice from the school that same day showing he returned, but not bothering to mark off his doctor's excuse he turned in, which made it able for her to send me this legal notice. Why do I think that was on purpose?????? Now if he misses just one day, she can take me to court over him. Maybe it's just me ........ but I have a bad feeling this woman wants me to get in trouble ..... and wants my daughter taken away from me. Does anyone know if I could still possibly get in trouble... even though I can prove I didn't commit truancy.... just because the woman taking me to court is who she is? If anyone here has ever went to court over truancy issues --- were you asked to bring in your child?

Aurie
User
Posts: 33
Joined: Mon Oct 30, 2006 8:02 am

Postby Aurie » Fri Nov 03, 2006 6:49 pm

Here is a summary of homeschooling laws in WV.

http://www.hslda.org/laws/default.asp?State=WV

You may want to join this group if you aren't a member already. They will be able to give you legal advice and help you through this process. There is an emergancy number on the site once you fill out the membership form. They can speed up your application process this way AND assist you faster.

Let us know how things go.

babyblueeyes
User
Posts: 10
Joined: Mon Oct 23, 2006 9:35 pm
Location: West Virginia

Postby babyblueeyes » Fri Nov 03, 2006 8:08 pm

That website from what I've seen so far seems to deal with helping people legally have the right to homeschool their children. I was approved for that the day after I applied. The magistrate did not sign the summons for me to appear in court until the day after my approval. How fast is this organization?? I will be in court in less than 2 wks..and I read that their application process typically takes 2 to 4 weeks.

Aurie
User
Posts: 33
Joined: Mon Oct 30, 2006 8:02 am

Postby Aurie » Fri Nov 03, 2006 9:52 pm

I have no idea how fast they are. When I called with a question, they got back to me within 24 hours. Part of protecting your right to homeschool is to make sure you aren't arrested for truancy. If you have done all you were supposed to have done, they should be able to help.

User avatar
Theodore
Moderator
Posts: 2122
Joined: Thu Oct 06, 2005 4:14 pm
Location: Missouri, US
Contact:

Postby Theodore » Sat Nov 04, 2006 12:09 am

In retrospect, you should always get anything important like excused absences in writing. I imagine there's something legal that can be filed to force the school to produce the evidence (assuming it hasn't been destroyed...), but that's something that a lawyer will have to handle. I concur with Aurie's advice to get HSLDA in on this.

User avatar
elliemaejune
User
Posts: 647
Joined: Mon Oct 30, 2006 4:37 pm
Location: The Fireswamp

Postby elliemaejune » Sun Dec 03, 2006 3:15 pm

babyblueeyes wrote:That website from what I've seen so far seems to deal with helping people legally have the right to homeschool their children. I was approved for that the day after I applied. The magistrate did not sign the summons for me to appear in court until the day after my approval. How fast is this organization?? I will be in court in less than 2 wks..and I read that their application process typically takes 2 to 4 weeks.


You said that you were "approved" for HSLDA membership "the day after you applied." If you are in fact a member, you should be calling HSLDA Monday morning and telling them what is going on. If you are not sure, you should STILL be calling HSLDA Monday morning to find out what is going on.


Return to “Homeschool Law”

Who is online

Users browsing this forum: No registered users and 2 guests