Excused Absences Texas Education Code

[MightyMom]

I am in the middle of a battle with my school district. I am going to copy and paste a letter I wrote to the superintendent of our school district. I'm changing some information for privacy issues.

I could use some guidance on what my next step should be as I have not heard from anyone and I still have no resolution to this problem.

I want to pull my son out of school two mornings per week for therapy... and I'm being told he will be unexcused. This will eventually lead to truancy violations.

Please take the time to read the following and give me input. Thanks.

The purpose of this letter is to discuss our districts ongoing policy regarding excused absences and students with disabilities.

I am writing specifically in regards to my son who is a student enrolled at *T^#&( Elementary. He is under the special education umbrella for an orthopedic impairment. He has cerebral palsy and uses a wheelchair for mobility. Although he is technically being serviced by special ed, he is mainstreamed 100% of the day and is not pulled out for resource.

Although I am asking for your consideration regarding our specific circumstances, I hope this policy can be reviewed to benefit all children in similar situations.

Currently, my child is attending private physical, occupational and speech therapy as prescribed by his pediatrician. His appointments are from 8:15am- 11:00am on Tuesday and Thursday mornings. These visits are not only medically necessary (please see attached copies), but are not services being provided by the special education department. My son does not qualify for physical therapy or speech therapy services under the academic model standard implemented within the school district.

During an informal meeting on August 23, 2007 with principal $@&^$*) and 2nd grade teacher @$%*&$ , we worked out a schedule for my child. I felt comfortable with the schedule. The principal did not seem to have an issue with his absence on those mornings. In fact, I felt she was rather helpful in determining the most appropriate way to ensure he received his full FAPE.

On August 24, 2007 at the campus Meet The Teacher Night I was informed by the principal that those absences would be UNEXCUSED despite having an excuse from a medical professional. She received this information from the office of the Special Ed Director.

In subsequent informal meetings with special education staff I have been told that pulling a child out for special education related services during the school day is “strongly discouraged.”

In the past we have even been threatened with truancy violations.

I feel my son’s rights under the TEC and TAC are being violated.

Texas Education Code(TEC) 25.087 requires a school district to excuse a student’s temporary absence from school for an appointment with a health care professional if the student commences classes or returns to school the day of the appointment.


Furthermore, section 129.21 of Chapter 19 of the Texas Administrative Code (TAC) states a student’s absence for the following may be excused: medical, dental, psychological appointment; special education assessment procedures; and special education related services.

I am doing what I feel is in the best interest of my son on both a medical and academic model.

I do not want to remove him from school after the 10am attendance counting time because he would then be missing his core academics. His current schedule would only interfere with PE and Spanish/Music.

I am asking that you intervene and review the current policy which I feel violates the rights of some children in special education.

I would like to see this situation addressed at an ARD taking into consideration each individual situation.

In November 2001, David Anderson ( TEC General Counsel ) stated the following in a letter to administrators regarding this situation:

When determining the appropriate length of day for the student, the ARD committee’s consideration regarding it’s review of the relevant medical information should include: 1) how the ongoing medical treatment for which the student will be absent is related to the student’s disability; 2) how the recurring absences may affect the student’s educational program needs; and 3) whether any program modifications, including a modified instructional day or week, will be necessary to accommodate the student’s need to be absent. Finally, in making modifications to the instructional day or week, the school district ensures, through the ARD committee, that the student will be counted as a full-time enrollee and attendee without regard to whether the student’s absences would be considered “excused” under TEC 25.08. Most important, the student is more likely to receive the full benefit of his/her FAPE when the ARD committee thoughtfully considers the full impact of the student’s disability, including the need for medical treatment, on educational services.

Thank you for your time and consideration. I would like to meet with you in the near future to further discuss this situation and come to a resolution.
As of today, he has one unexcused absence because of this situation, I hope you will remedy this problem soon to the full benefit of my child.

 

[lovetoscrap]

Wow, I have no advice to give but what a great letter! You have really done your homework and seem to have all your ducks in a row. Unfortunately, it does sound like my might have to get a lawyer involved if they don't take care of this.

How did you send this letter to the super? Standard mail or by Certified/Return Reciept? If you sent it standard you may need to send another copy Certified Mail and I would also set a time limit for hearing back. Somthing like "I need a response from you by X date" or "I will call your office on X date to set up a meeting."

You can also just go ahead and call the Super's office to follow up and see what is going on and why you didn't get a response.

Good luck.

 

[cymomtx]

Having just resigned from a Texas ISD in an administrative office capacity, as long as you have a Doctors excuse they are excused absenses. No, ifs ands or buts!!!

 

[MightyMom]

Thanks for your input. I deeply appreciate it. I have been very stressed out about this issue for a few weeks now. Today there seems to be some movement towards resolution. I've been contacted by the Special Ed Director. She wants to have a meeting with me and the attendance clerk.

The law seems to be so cut and dry.... there doesn't seem to be any wiggle room.... but for some reason the school is being steadfast in their position about his absences being unexcused.

 

[MarieS]

Great letter! It certainly sounds that if there is a medical excuse, then the absence is excused.
Just as an FYI, I take my boys out of school early two afternoons a week for therapy. I have it written into their IEP's at the request of the special ed teacher and then it's counted as excused.
Hope you are able to get this resolved at your meeting.

 

[Momof2wCF]

Ooooh, I'm so irritated for you. Like you don't have enough to deal with already!!
I don't know anything about Texas law, but your son's school is violating the Federal Individuals With Disabilities Education Act (IDEA), which is meant to make sure that kids with disabilities receive "a free and appropriate public education". I've attended at least two parent education days where public health administrators explained the law and urged us to know our kids' rights in school. You have done everything they would say to do so far, but here are a few suggestions if that doesn't work.
I'm looking at a page that was written up by a patient advocate for cystic fibrosis (a lawyer who has CF herself) She writes that there is not a list of specific modifications, because the IDEA law was written to provide flexibility to meet various needs. However, the very first modification listed is: "Allot time during the school day for the student to take medical treatments or physical therapy, or to rest". It then goes on to talk about IEPs and setting them up, which it sounds like you have done something along those lines already?
One thing I remember the lawyer/patient advocate saying is these schools are funded with Federal funds. In order to keep their Federal funding, they have to obey the IDEA and the ADA laws. It doesn't matter what their school rules are, or state law says. They must follow federal guidelines. (period)
Your best advocate at this point is probably a social worker from the nearest Children's Hospital. They know what situations can develop at school and can help you talk *medical-eze* and *legal-eze* until the school knuckles under. Even if you are not familiar with the Children's Hospital near you, call and ask for the peds social worker on call. They can help you themselves, or they will find you someone who can.
I hope some of my ADA/school rant is helpful to you, I've had to fight for my kids' rights too, and it's hard. Good thing the perks of being a mom are so good, right?