Texas Mommies: Will the School District really prosecute me for taking DS to WDW?

[LWatson]

I live in El Paso and we had a parent taken to court for truancy due to taking there PRE KINDER child out when there father was coming home from Iraq for a 2 week R&R. The school district chose to prosecute because once enrolled they are subject to the attendance laws, even if they are not of compulsary
attendance age.

I have known many military families that have had charges brought against them, because they were used to a different system. This is actually one reason my son is homeschooled here. (TX has very liberal Homeschool laws, Go figure) He has severe asthma and would have a hard time making the attendance requirements. I also would not have hesitated to take my child out for a couple of days before my DH left for Iraq again or when he got back, and that would leave me open for prosecution.


The Pre-K parents ended up with a warning from the judge and a notation in school records, no jail or anything but had to go to court. They did choose to remove their child and place him in private school after this though.

We will deff be homeschooling if we are here when its time for school because of the odd rules here. We arent fond of the school system's in this area at all.

 

[jessica52877]

We skipped PreK due to them going by the same laws.

 

[dbarker]

So, I was reading the long thread about taking kids out of school to go to WDW, and since we are hoping to go back in the fall of 2010, when DS will be in kindergarten, I decided to look up some local attendance policies. We live in the Houston area and plan on moving into either the Friendswood or Clear Creek districts before DS enters kinder, so I looked on their websites and found basically the same info. They can prosecute you if your kid misses more than 3 consecutive days of school without a doctor's note! Is this for REAL??!! There was also some vague info about "unusual circumstances" etc, that might provide an out for a family vacation, so I'm just wondering what ya'lls experience has been. I am a former teacher and I recall one student (in another teacher's class) missing at least a week (maybe two) to go to Europe. It didn't seem like it a was problem. Anyhow, I'm just looking for first hand experience. Do school districts tend to turn a blind eye to those taking kids out to go on vacation, or do they really prosecute?? I can understand not missing a week of highschool, but KINDERGARTEN??--Katie

I don't know about the prosecution aspect.

However, I did learn when DS10 was in K, that K is not required in TX, but it is highly recommended. Therefore, IMHO since it is not a requirement, then taking DS out for a family vacation s/n/b a problem. However, I would talk to his teacher and have him do all the work he will miss.

 

[floydfamily4]

Just wanted to give another "howdy from Houston"! My twins are 4 and will be 5 at the end of Nov. so they wouldn't even be eligible for kinder this year. I have homeschooled them with a mom co-op for the year using the Abeka pre-k curriculum and will do the same next school year. We are taking them to WDW for their first visit to celebrate their 5th b-day. Because of the timing I don't have to worry about them missing school but even if they were in school we would still go during the time we are traveling (week before thanksgiving). I certainly expect that this will not be their only family vacation and I believe you don't give up your rights as a parent just because your kids are in public school. So, my vote is do what you feel is best for your kids!

 

[tanyaandallie]

We are in CFISD and I took my dd out for a week to go to Disney at the end of April. I talked to her teacher before booking the trip, she said go for it so we did. My dd is doing great in kinder and her teacher said she would not miss anything that they wouldn't cover again numerous times. I will say that in the future we will not pull her out, we will go during Spring Break. I will say that I know a handful of parents who have taken their kids out for a trip and had no issues with the district.

 

[sk!mom]

Texas teacher here- That is the law and parents are prosecuted every year in my district for excessive absences and even tardies. That being said, if a child has good attendance otherwise then vacations are normally allowed.

I don't know of anyone being prosecuted under the 3 absence rule unless they already had lots of absences and the school was just waiting for three more to take them to court. Prosecutions in my District are normally due to more than 10 absences in a semester.

Definitely ask before you plan.

 

[sk!mom]

I don't know about the prosecution aspect.

However, I did learn when DS10 was in K, that K is not required in TX, but it is highly recommended. Therefore, IMHO since it is not a requirement, then taking DS out for a family vacation s/n/b a problem. However, I would talk to his teacher and have him do all the work he will miss.

Kindergarten is not required and neither is Pre-K but if you enroll your child in school in Texas then you are subject to the attendance laws. Parents take the attitude every year that "my kid doesn't even have to go to Kinder," only to find their child with court ordered attendance and themselves with fines.

As far as those who say, "it's your kid- do what you want," I agree but make an informed decision. Taking your child out without clearing it with the school if the absences will exceed the attendance policy could result in large fines.

 

[jodifla]

Well, here's a reason not to live in Texas. What's the point of this STUPID, EXCESSIVE law?

I'm surprised everyone doesn't everyone doesn't homeschool there.

I can't even find an attendance policy for my school....kids are routinely pulled out for vacation in my district, even though almost every school in it is a blue-ribbon school

 

[coastiewifern]

We are in Pearland. We pulled the kids out for 5 days for the disney cruise last year and will again in 2010. We did get the letter sent home saying they had missed 5 days. The attendence lady stated that as long as it wasn't more than 10 days they don't press the issue in elementary school. My kids had no other unexcused absences and they grade were in good standing. I spoke with the teachers before hand and their work was given to them. We decided to take this years Disney vacation around Thanksgiving and they won't miss this time. I figure 2010 will be the last year for pulling them out due to increased amount of homework as my son gets older. I personally wouldn't stress out about it.

 

[Vility]

wow...
IMO this is stupid.
Aren't families entitled to a vacation?
I totally agree with whom ever said that family comes first.
Our lives are way to consumed with work and school already.
I can understand if your a teacher and they do not want you taking time off during the school year, but these are children.

 

[ms_missy66]

I didn't read everyone's responses, but wanted to add my experience. We are not in TX, but had the following happen.

We took our kindergartener daughter out for 4 1/2 days, the week before Christmas to WDW. My dad had been sick. It was the only time we could all go together. He passed away several weeks later.

I notified the teacher two months prior. I notified the principal one month prior. I arranged for lesson plans while we were gone. Basically I made every effort to keep our daughter on top of things. Besides...she missed one of the least productive weeks of the year.

When we returned, we were required to have a meeting with the truancy officer and vice principal. We were required to sign an "Attendance Intervention Plan" that states if we have another unexcused absense or tardy in the next 12 months, we will be referred to the district level. If we miss another unexcused day or have another unexcused tardy after that, we will be required to face penalties imposed by the family courts.

WHAT?!?!?

1) I'm furious because our policy states that 10 unexcused absenses will put promotion in jeopardy and action taken by the school system. We are only half-way there. All other absences she has are excused with a doctor's note.

2) The contract is in effective for one full year. That makes me insanely mad because the "10 unexcused days" policy is a school year thing. Not a calendar year. The contract should have been in effect for only the remainder of the school year, in my opinion.

3) If we have an alarm clock issue or my daughter has to poop just as we're leaving for school, we're up a creek. If she's got a 24-hour tummy bug, I've got to run her to the doctor for a note even if I know darn well what it is. ARGH!

If your school district lays out strict attendance policies, believe them. Short of there being some all-expense paid European vacation that is only available to us during the school year, I won't take my children out again. The whole thing has stressed me out.

Now mind you, if our case got accelerated to the district level, I would walk in defending myself pretty heavily given the facts of our case. But...we're only technically half way to breaking the 10-day policy. GRRRR!

Sorry I couldn't share a better experience, but I'd love to save another parent the headaches we've been through.

 

[Elmo888]

I'm in Texas. I took DD for a 5 days in 1st and again in 2nd for our off-season trip to WDW. I wrote a note before hand, and it wasn't a problem. I'm taking her out again in December, and she'll be in 4th grade.

The only time that I've had a problem was when she was in Kindergarten and she missed over 12 days due to illness only - strep, strep, and more strep. A letter was mailed to me, but the vice principal even called to warn me that the letter was just standard procedure. She said that there would be a panel review (deciding if she could move to 1st grade or not) only if DD missed 17 days or more.

Honestly, there are so many families around here (DFW area) that are from other countries who take their kids out to visit family. I just don't see how they can say "no" to anyone. I have a friend from NZ who took her kids out for 3 weeks, and they only told her that she might have un-enroll and re-enroll her kids.

 

[C.Ann]

It might be your parental right to take your kid out of school. However, it is the school district's right to penalize you for violating the rules. It is all about funding for every district and about neglectful parents for some districts. Federal funds are tied to attendance. Every missed classroom day means a decrease in funds. That is why the schools have these draconian policies. If you don't like the policy, home school, go to private school, advocate for changes in No Child Left Behind. However, if you go to public school, abide by the rules. Or, if you violate the rules, accept the penalties without complaint.

As a poster stated very well on the other thread, kids are only in school 180 of the 365 days of the year. Surely, there is another time to go to Disney.

taitai

-----------------------------------

We don't live in Texas - we're in NY - but my DGD's school district allows this on a regular basis.. It's not a private school.. They are given their school work ahead of time and expected to have it completed when they return.. No need to homeschool or put her in a private school.. And yes - they too receive funding based on attendance..

 

[jamstew]

Well, here's a reason not to live in Texas. What's the point of this STUPID, EXCESSIVE law?

I seriously doubt Texas is the only state that has compulsory attendance laws.

 

[jamstew]

So, my vote is do what you feel is best for your kids!

Your vote is against state law, but obviously you're free to make that choice for yourself. I personally wouldn't recommend that someone else do it. As has been said, it's highly unlikely there would be any problem whatsoever with taking a kindergartner out, but parents should certainly be aware of the possible consequences.

 

[jamstew]

Well, here's a reason not to live in Texas. What's the point of this STUPID, EXCESSIVE law?

I'm surprised everyone doesn't everyone doesn't homeschool there.

I can't even find an attendance policy for my school....kids are routinely pulled out for vacation in my district, even though almost every school in it is a blue-ribbon school

Well, since Florida has compulsory attendance laws, too, you might want to reconsider. http://www.fldoe.org/faq/default.asp?Dept=107&ID=503 Since local districts are required by Florida state law to adopt policies regarding attendance, the fact that you can't find such a policy clearly doesn't mean there isn't one.

 

[KARAJ]

Well, since Florida has compulsory attendance laws, too, you might want to reconsider. http://www.fldoe.org/faq/default.asp?Dept=107&ID=503 Since local districts are required by Florida state law to adopt policies regarding attendance, the fact that you can't find such a policy clearly doesn't mean there isn't one.

I believe most (if not all) states have compulsory attendance laws. I just think she was saying that this one is excessive. To use the speeding ticket that people keep going back to......All states have laws against speeding but if one was $50.00 fine for going 10 over and another was a $1,000 fine I would think that the second state was EXCESSIVE in it's punishment. And as I have stated I do think our TX punishments for attendance violations are excessive, as our many policies on what is required for a child to be absent i.e. a doctors note for bout of 24 tummy pain, or what was my case a couple of times, a nasty asthma flare-up where he was attached to his SVN machine for the day but did not need to see the doc (we even have steroids on call at the pharmacy that the pulmo doc has as an ongoing script so that we do not need to come in even every time he need a steroid burst. I have enough experiance with him to know when he needs the doc and when he does not, just like I can tell if he can go spend the day sitting in a class or not.

I also think that making the doc note a requirement can cause undo hardship on some families that have high co-pays or no insurance. Think about it if they can not get a same day appointment for their child and they are forced to take them to the ER just to abide by the laws, this can mean a $100 co-pay and 8 hours in an ER exposing a probably not seriously ill child to an array of problems, and clogging an overburdened system with uneccesary patients. This is excessive in my opinion.

 

[PrincessNana]

As a retired Texas teacher I have to say, that every school district handles the vacation issue differently. As far as absences go, we have students that are late every day because of their parents (they can't wake up, etc. they always have an excuse) and some who are only able to come to school one or two days a week (again irresponsible parents). It is not the childs fault, but their irresponsible parents. You cannot assume that all parents are responsible and thats why school districts have had to come up with all these attendance rules. It is a shame that responsible parents and students have to be judged by the same rules.

 

[jamstew]

duplicate, sorry

 

[jamstew]

I believe most (if not all) states have compulsory attendance laws. I just think she was saying that this one is excessive.

But if one isn't aware of the laws/punishments of your own state, let alone other the rest of the country, I think it's a little unfair to single out one locality. Yes, I think all (if not all) states have these laws; however, I don't know what they are, so I'd hesitate to say that "state X's" laws are "stupid" as compared to the rest of the country. I agree that Texas laws seem excessive, but since I don't know what other state laws are, I have no basis for comparison.