It was a recent March Monday, and Anderson had answered the door in her shorts, T-shirt and socks, hardly expecting to be greeted with handcuffs by Orland police officers. She was shocked by the one-word response that came back over the police radio: truancy. Then, the 37-year-old mother of four was booked into Glenn County Jail on a $10,000 warrant.The key phrase there is "maintain state funding". To some bureaucrats, there is no greater crime than to lose some funding from some higher govt authority.
Anderson soon realized she had been arrested in connection with her dispute with the Orland Unified School District over her youngest son’s attendance record. Eight-year-old Logan suffers from asthma, the cause of most of his 24 absences this school year. Anderson has been able to persuade the school to excuse only 14 of the absences, even though she says that in some of those cases the district nurse agreed Logan should go home. ...
The Orland school district employs a truancy officer and requires doctors’ notes after a student racks up 10 absences, von Kleist said. And this year it began requiring short-term independent study for students who are removed from school for winter trips of five to 10 days to Mexico or for other reasons, helping students stay up on work and helping the district maintain state funding tied to attendance, school officials said.
Missing 24 days of school may sound like a lot, but in bigger cities like Oakland it is commonplace. CPS guidelines say not to act unless there have been over 100 unexcused absences in a school year.
Update: The mom in this story has just posted a comment below. I guess that means that she is out on bail.
These parents are being prosecuted because they have the audacity to make their own independent judgments about the welfare of their own kids. When their kid was sick, their first concern was to take care of their kid, and worry about the paperwork later. I've never heard of parents being prosecuted for some minor irregularities in the paperwork for a sick kid missing a few days of school.
29 comments:
I am Logan's mother,and I was arrested in front of my 4 boys on March 8,2010 for Truancy. I had to post a $10,000 bail and they wouldn't release me on my O.R. I've never even had so much as a Fix-It ticket let alone be in any kind of trouble! I see people get DUI's, abuse their spouses, commit burglary or theft, get arrested for drugs, on a daily basis in the newspaper, and their bail's are set at anywhere from $2,000 - $4,000! I don't know about all of you, but to me, those crimes are far worse than Truancy! The following day, my husband was arrested on the same charges in front of our 4 boys. I had to get close friends to help me bail him out since all of our reserves were spent the night before. We spent our rent money, utility money and food money for the month. To this day, we still haven't been able to pay rent and PG&E is due. Thank the Lord for the wonderful people in our lives as they bought food for our family. We are very blessed to have them!
As for the Truancy issue, my son Logan has a serious case of Asthma. The school has been very aware of this as I write it on ALL his papers every year when school starts. I even tried leaving his inhalers with the school nurse in case of emergency. But they claim that they can't have his meds there.
What has happened to me is happening because I stood up for my son's rights. I stood up to the Truancy officer, school nurse, and principal of Fairview Elementary. I even wrote an email to the Superintendent asking for his help in resolving this issue between the Truancy Officer, School Nurse and Principal. But it went unanswered. A few weeks later, my husband and I were arrested without warning, without a S.A.R.B meeting, etc.
I am glad you posted our story on your website, as it makes us feel that there is support out there.
Our Civil Rights were taken away from us, away from our children. Don't let it happen to you! Make sure you know your County's Truancy laws. And never...never handle your own Doctor's notes! Have the doctor fax them to your childs school. Better safe than sorry!
I have my first court appearance tomorrow morning. Please pray for me as the people I'm dealing with are very corrupt.
Thanks Again!!
This story is appalling. Universal cookie cutter type procedures may work with a majority of the population but can be detrimental to the people who don't fall within the 90th percentile. I am a 36 years old. I missed about 25 days of school when I was in the 4th grade. I had problems with allergies/sinuses which lead to minor breathing problems and ear infections. When I had the breathing problems, my parents took me for allergy testing and I began getting allergy shots. After 4th grade, I rarely missed more than 5-7 days a year. Being a kid that always suffered from allergies, I took allergy medicine when I needed it from a young age. I kept actifed and aspirin in my locker throughout high school. Back then nobody cared. Today I would be considered a drug offender. I don't know what I would have done without allergy medication during hay fever season. Runny nose, swollen eyes, tight chest, etc... People would ask me if I was sick. I told them I wasn't sick, I just had allergies. If I didn't take medicine, I would have earaches, sinus headaches or sinus infections. Then I would really be sick.
This story is along the lines of suspending 5 year olds for kissing kids on the playground or expelling them for sneaking Nerf guns to school. `Nothing promotes academic excellence better than expelling students and arresting parents. Schools are reluctant to initiate action against abusive parents, yet they are quick to arrest the parents of a sick child. I am truly sorry to hear about Shannon's story. It's a sad day when it is safer to beat a sick child and force them to go to school rather than keep them at home.
the state of pa is the same way but i was not arrested i had to plead guilty and not guilty on a 9 year old's trauncy case.
we moved out of the city school district to a new school district in the same county but in different parts with totally different school district and district judges i opened my mail box to see a certified letter i got the letter from the post man and it had a whopping 3 fines in it totally 500.00 for three days of missed school that we already moved on those dates. The only proof i had was my lease to my house i am renting and the enrollment paper that i gotten from the school board of their new school.
The state of pa sends out a bench warrent if #1. you never recieved the letter and it was sent back to the office on three different occasions or #2. there were other offences like a traffic stop or other fines that were not paid at all.
Since i don't drive i was still charged i am on ssrdi and i was charged these fines not the father and we are married they did not give him the fines it was me it was in my name the court clerk told my husband he has nothing to do with this case and not to show up.
if found guilty i was told i will have to pay the fines 25.00 every two weeks or 50.00 monthly until paid off which that will be until 01/2011 of next year i was served with the fines a month later after i moved.
so the state of pa the district justice and the officers that write the fines seem to pre decide the case before it even shows up in court. all i have to prove to the judge is a signed and dated lease and an form from the school which i have noterized by the notery.
wish full on my part
i am crossing me fingers
i live in NM and the same thing is happening to me. I was not arrested, however my son and I have had to go to the Juvenille Probation department to plea our case. My 9 year old suffers from asthma as well, i do not have medical insurance because I cannot afford it, and yet the state says I make too much money to qualify for Medicaid for my son. They have charged my son with 1 count of Truancy. After several meetings with the Juvenille Probation department, my case is now being forwarded to the District Attorney, where i will have to once again plead out my case. I have shown medical records to prove that my son suffers from asthma and chronic bronchial infections. The school has his medication on file in the nurse's office, he has been sent home numerous times with his asthma complications. And yet here I stand, fighting, because I am a caring and concerned parent, who refuses to send my child to school when he is sick...
My case was dismissed on May 12th... the Judge saying to the DA that there was NO Truancy issue here and the Alleged Doctor's note was not considered a document that could be forged and submitted to a court of law. (They were charging us with PC 132 & 134)
The DA has 60 days from May 12th to re-file another case if he chooses to. So at this point, we are just waiting. We have newspapers where the Assistant DA is quoted as saying that he did all of this (arresting us in front of our children) to teach my children RESPECT for the LAW!!
Well, Mr. DA....I now have two children ages 9 and 11, who sleep on my bedroom floor every night. One who cries out nightly due to night terrors. He wakes up, walks around, crying for me, saying " Don't take my mommy, Dont take my mommy!" If you try to touch him or hold him, comfort him, he screams and cries as if you are hurting him. I will NEVER forgive the school district, ORLAND UNIFIED SCHOOL DISTRICT, FAIRVIEW ELEMENTARY, The Principal Mr. Hiscock, The School Nurse Mrs. Anderson, CK PRICE MIDDLE SCHOOL, Mr. Terry Deen, (the Truancy Officer) who thought he knew everything, and Tim Ryan,(Plaza School) who set out to slander my husband for whatever reason he decided to get involved. He sent personal information on our credit report to newspapers and to the DA. WOW! Makes you wonder what these people actually do when they are at work.
There are things WE can do as parents to take back our rights to OUR children!!! Fight Back!! Get a good lawyer like I did...if you need my help, write me, or call me....530-921-6574
Congratulations. I hope your kids learn a healthy disrespect for those who abuse their legal authority.
It's really sad to know on why parents have been jailed because of truancy. I mean, it is not their fault either if their child gets sick or something happens to them. And there are other scary crimes out here and the police just don't mind them. That's unfair you know. In my hometown in Jacksonville, criminal lawyers are very flexible in giving legal advice to their clients whether the situation is easy or hard. Jacksonville criminal lawyers are properly trained and they really have the guts in protecting their clients and giving them information that is correct and accurate.
It's really sad to know on why parents have been jailed because of truancy. I mean, it is not their fault either if their child gets sick or something happens to them. And there are other scary crimes out here and the police just don't mind them. That's unfair you know. In my hometown in Jacksonville, criminal lawyers are very flexible in giving legal advice to their clients whether the situation is easy or hard. Jacksonville criminal lawyers are properly trained and they really have the guts in protecting their clients and giving them information that is correct and accurate.
Hello Parents.... I just wanted to update all of you as I see some of you are still leaving comments. It makes me feel good to see such positive support and to know that we, (my husband and I, and my son Logan) are not alone!
We PARENTS have to take a stand and continue to fight for our rights as parents of OUR CHILDREN! School districts need to remember that they are working for US, it's not the other way around. And I totally agree with "Anonymous"... I refuse to send my child to school when he is sick with the flu, bronchitis, strep throat, fever, whatever it may be... that's my right as a mother. He needs to be home, where I can monitor his fever and give him motrin, or his antibiotics when he is suppose to have them. The reason our children get sick is because Parents are so afraid to keep their children home these days, or because they use schools as free daycare, and they send their sick, feverish kids to school just to spread to everyone else.
My son Logan actually had one teacher who never let him go to the nurse. So one day, he told her his tummy was hurting him very bad after lunch and he felt like he was going to be sick. She grabbed the little trash can and placed it beside his desk and told him to puke in that! Which he did!! As a nurse... and most people with common sense knows, vomit is the most contagious part of the flu virus, YUCK! So letting kids vomit in her classroom is the best way to spread it.
I was appalled by this!! Just as I was appalled that the nurse didn't know that having "NITS" in your hair was a red flashing sign that Lice were in that child's hair!! WOW! And she has a RN after her name?
Anyways, as a family, we went through alot with this whole TRUANCY ordeal, but we fought it and we won! Make sure you know the laws in your state and your county. I will tell you, State Laws, super cede County laws. And always ask this question... what exactly is considered an excused absence and an unexcused absence?? In California.... as long as the child is in your custody, meaning, you know where he/she is, that is an EXCUSED absence!! And nowhere does it say you HAVE to give the school a DR's note!! I personally would NOT recommend EVER giving a DR's note to a school. Either have your DR fax it to the school or call the school if you feel it necessary to provide them w/ a note. That way they can never try to get you w/ forgery like they tried w/ us.
We are now in the process of suing of the school district and the Dr's office for false arrest, violating the HIPPA act and punitive damages. I also want my record expunged along w/ my husband's. Keep us in your prayers. If there are anymore of you Parents out there, I'd love to hear from you. My email is Swtcaligurl37@gmail.com. And again, thanks so much for all your support!!
Shannon,
Congrats on winning! I hope you win the law suit also. What kind of terrible people would do that? My son has missed 7 days of school in CA all excused for being sick, Allergies, Tummy trouble, fever, etc. It is the in of January, and now the school is trying to say from now on I HAVE to have a doctors note? I can not find ANYWHERE in the law stating I am required to bring a Drs. Note. I have a Co-pay of $30 for every doctors appointment, PLUS the gas to drive the 20 mins to get there. I can not afford to pay $30 for every time he has a Fever, or tummy issues. I am waiting for the Principal to call me back, and see what she has to say!
Jennie,
Thx so much for your support and your comment. I'm sorry to hear you are now going thru somewhat the same thing. You are correct when you say that nowhere in the law does it state we are required to provide doctors notes. I'm not sure where you live, but your son only has 7 absences. What is their prob? How is his grades, is he failing? And just so you know, your state education laws supersede your county education laws. So check those and compare. You are allowed to take your sick son into school, so they can see that he's sick, instead of a Dr appt, and they HAVE to accept that. You do not have to spend $30 and drive 20 min to a Dr just to satisfy them. I will never provide a Drs note ever again. I will gladly provide a note from my lawyer, :-) It's all about money, its all about a body in that desk, they don't care what kind of shape he/she is in, just as long as they get paid. Stand up for your rights as a parent, you determine when your child is sick, not the school. Good luck, and write me anytime, my email is Swtcaligurl37@gmail.com
Have A Great Night....
Shannon
Omg!!! I hate the Orland School District!! And Mill Street School principal Mrs. Hate.... My daughter loves school she don't want to miss school for nothing. One day I got a call from the school nurse mrs.anderson letting me know that my daughter was feeling sick and that she felt hot and didn't look well. I had her picked up... After she was picked up I called the school and spoke to the principal mrs. hate I asked if my daughter would be considered absent for leaving home early, even though she had been there for 75% of the time already I was told yes that will be consider an absent. I told her but why if my daughter was sick and it wasn't fair she would be marked as absent and not be on the perfect list. I asked if she rather have my daughter be in school sick and not feeling well and get other kida sick and she said YES!! wtf are you efen serious!!!!! They rather have a sick child at school because they get paid per attendi!! So of course they don't want no child to miss school!! I do not want to take her to any of the Orland schools again ¡!!!!!!
I am going through a similar situation with my sons school. It has gotten to the point where I am taking my son out of public school and putting him in a private school. Last year we had 5 deaths in our family including my father and motherinlaw within a month of each other! This school year my son was sick several times with Fifths Disease, Strep, Mono (which he missed 2 weeks of school because of) and bronchitis! My sons school is trying to get me to go to another SARB hearing but I will not attend because the one I went to 2 years ago was very traumatizing and after the year I had, I cannot handle being judged or yelled at by a group of nosy idiots! I was wondering who your attorney is? Can I have there telephone number?
I am so sorry to hear of your story... its really a tragedy when school districts try to tell us how to raise our children. My lawyers name is Helen Duree and her # 530-865-2757 at least she can give you advice or take your case if thats what you decide. I wish you the best of luck!
Shannon
I also live in pa. My son missed some school in 2001 because his grandmother died who he was very close to. I went to court the Asst. Principal took my sons side saying he was an excellent student and not a trouble maker the case was dismissed. In 2006 he missed alot due to surgeries and was sent home afterwards by the nurse cause the the incision continued to soak his bandages. Again I went to court with proof and the assistant P on our side and again case dismissed. In 2011a constable showed up at the door and arrested me i spent the next4 most terrifying days in jail until my husband could get the $1500 for the fine. The judge who had dismissed the cases as no longer in office since the one was 10 yrs old and the other 5 yr old i no longer had proof they were dismissed. .ive never been in troubke in my lufe not so much as a speeding ticket so spending 4 days in jail and having my younger children see that was something i will never get over. w
Me and my children's father have been served with papers to go to truancy court of our now 7 year daughter who has asthma as well and who has missed a total of 31 days and 19 tardy. 13 days excused and 18 days not excused and only a hand full of the tardy's excused. Every time she misses school we take her to the doctor or I write a not and send it in to the teacher. We had a medical plane set last year because she was in the hospital and also missed a lot of days. They know how sick my daughter can get and me nor her dad keep her out of school for no good reason. They didn't do this to us last year and knowing how things are with her I don't know why they are doing it this year. I am sooo scared about this and don't know what to do. I don't know if I need a lawyer or not or are they going to try and take my kids from me. If anyone can help please.
Hi. I am still trying to figure out how all this happened to me and my children. My daughter had lyme and was very sick. My ex thought it would be a great time to go after me and take my kids. So I have not been with my beautiful girls for 2 years. They don't care if your children are sick except if they have cancer or a disease they think is sick enough. Now my girls are with their father who they were afraid of and hardly know mw now. My children had legitimate lyme drs too. So move away or home school but don't let what happened to me happen to you. Also get a strong lawyer right away I did not I made a lot of mistakes because I was alone and did not know how evil people can be. If anyone has help for me please contact me jjanelli3@aol.com
This is apparently way more common that I first anticipated! Today I received a phone call from my son's school in Lincoln County Tennessee. The school secretary called to inform me that my son was on the juvenile court docket for truancy this morning. We were completely unaware of any such court date. I threw myself together and shot out the door. A little back story...... last school year my son became ill. He has lost a significant amount of weight, was complaining of severe stomach upset, had non stop diarrhea, and was throw up profusely many times daily. We were in and out of the doctors office for months. He was eventually hospitalized for severe dehydration. At that point he was FINALLY referred to a GI specialist. We were back and forth to the specialist with him missing many days of school for tests and procedures. The truancy court appearances began in fall of 2012. Now we have appeared in truancy court numerous times. Each time they do not let us speak and just hand punishment to my son in the form of community service work and fines. The last time before today I had enough and finally spoke up about how unfair it is to punish a child for being ill. Today when they said that my son's truancy file was "of significant size" I spoke up and let them know that not one single absent, tardy, or check-out early was for an unexcused reason, each one having a doctor note to back it up! I was taken IN handcuffs at that very moment and charged with "Educational Neglect"! I am appalled at this kind of activity from the very people who "claim" to have my son's best interest in mind! Where is the justice in throwing a single mother of three in jail because one of her children may not be as healthy as some others. This issue definitely would not be a problem for myself or any other person if the case was simply a matter of a teenaged boy being defiant and skipping school, but that IS NOT our case. He has a confirmed medical condition and we are still in the early stages of trying to get it under control and he is trying to cope with all of it. I have had to seek counseling for him for depression from all of this and I have voiced my concerns to the administrators at his school and still they keep taking us to court!
I am so sorry to hear your story and Yes Im afraid this is more common than most of us realize. Thats exactly why I went to the media and made a huge deal out of it. I wanted to warn other parents and educate them on their rights as a parent.
My 4 children just received a settlement from the school district that had me & my husband falsely arrested. We took it to Federal court because they violated my childrens civil rights just as your sons are being violated as I write this. Truancy laws were set forth to control and punish kids who intentionally skipped school without their parents approval. As long as the PARENT is aware that their child is missing school, for whatever reason, sick, funeral, Dr. Appt, religion or personal reasons, it is an EXCUSED ABSENCE and theres nothing they can do or say about it. Having Dr. Notes is just an added bonus, and how this school district is getting away with punishing your child for being sick is beyond me. Its criminal, really.
I will keep you and your son in my daily prayers. Leave it to God, believe me, he is the best and onky judge we need in this life. Good Luck in your crusade. :)
All My Blessings....
Shannon
I am really sad right now n feel like crying I jus recieved n my mail a letter I have to go to court for truency. Some of the days unexcused I provided a dr note. Y it was not filed beats me. 5 out of the ten days where partial days. Im pissed off! I did not know picking my girl up 3min b4 special needs school bus picks her up would b concidered a partial day unexcused 3 freakn min! REALLY?!?! I cant get a letter from transportation saying she gets out of school early they said there suppose to be released at 315 thats on the school if therr let out early. Wow really! So 2of those days where I had a appt to get an apt which I was not about to miss. And the other for lab to check her sodiom level. She has septo optic dysplasia with panyhypopituitairism I guess that dont mean nothin to them but im getting letters from different dr. That she was out at appt. N how r they not excused if I turned them n? Not right at all!!! Wish me luck n preyers my court date it april 22
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I'm with yah shannon my kids r go a be tested for a auto immune dissorder sense it runs in the family and my oldest is a 1st grader and my youngest isn't in school they catch everything and kids r sick at the school almost year long and with my kids that r over sensitive my oldest brings it home and my youngest has sever asthma and they harras me about not sending her to school when she sick my oldest missed school last week cause of strept throught and she whent bk today and her teacher told her is she misses another day of school she will suspend her. I'm livid her teacher told her that she should have called me directly. I'm done with that school if I had another way to transport my kids I would home school them. I don't drive or have a car so I have no choice but to have her continue at that corrupt school. If they actualy maid kids stay home when their sick their would be less absences and kids getting sick they even tell u even if their sick send them to school for at least a hour so they can get paid. They oviously only care about the money and not the kids and their health.
I could use help. I am in Georgia abd am a mom of 4. My oldest child has asthma . We have been threatened with truancy and I face arrest today as the da office is trying to charge me with forgery on doctors school excuses. I am scared to death. Please any help or direction is appreciated.
gapattersons02@aol.com
Hi my name is Kristen, I too am having the same issues with truancy from last school year. My child was sick alot last year, and was having a problem with a bully. So there were several tardies, and absences that were excused from the doctor. I approached the school administration several times about the kid bullying my child and nothing was done about it. I was served with papers to turn myself in or be arrested on truancy charges. I kept copies of all my child's excuses, so I thought I was fine. I went to court on the 17th of September, and was told that my records were no good and wouldn't be allowed in my defense. I was not allowed to defend myself at all. I was also told that if my child is tardy that when I came back to court in December that I would be formally charged with educational neglect which in my state carries felony charges if convicted, and dhs would take my children. I too was one of those parents that stood up for their child and this is what happens when you don't bow down to the school, or school district. I'm beyond pissed and scared because I'm in school to be a teacher, and I face losing my family, and my future career. We live in Mississippi, and my son attends school in the Harrison county school district.
I live in Sutter County and my son who is 15yrs old has an issue with going to school. We are on a SARB contract and he had ran away for 3weeks. The school I had him enrolled in dropped him and his probation officer told me that I should be getting a letter informing me of a court date. My youngest daughter has gotten a perfect attendance award and so that is probably going to be the only thing saving my butt! Since my son has been back I have been trying to get him into school, a lot of most schools won't accept him because of his past school behavior and I finally have an appointment with the principle at a new school next Wednesday. I hope. I don't go to jail because of him not being in school since he's been back home.
Can someone contact me at
jowens88@yahoo.com
I too, am going thru this truancy BS and I'm so scared, I need some info or advice on what I should do. Thank you!
My husband & I received a letter from the Harrison County Indiana Prosecutor office regarding one of our 4 children's attendance. The letter stated that our son has missed 9 days of school & the school that's listed in the letter isn't even the school my children attend. My son was injured at school in gym class, I never received a phone call or letter regarding the injury, I didn't find out that he had sprained his ankle until he made it home from school. My husband & I took him to his doctor that evening, they x-rayed his ankle & found that it was sprained & we were told he needed to rest it. We sent him to school the next day with it wrapped along with a note explaining his injury, he was still made to participate in gym class which made his injury worse so since the school overlooked the fact that my son was hurt in gym class & then they overlooked the fact that his doctor had told us that his injury needed to be rested for the week we kept him home for the rest of the week & 2 days the following week to be able to rest his ankle so that it could heal properly. The doctors excuse, the note & phone call from me & the word of my son was overlooked & ignored. In the 2 weeks before Thanksgiving Break we had 3 deaths in our family & found out that my mother-in-law is in a battle fighting cancer, we kept our 4 children home on Tuesday before their break to attend the funerals & memorial services & then to also have an extra day to spend with their grandma. We kept them home only 1 day for 3 deaths, I honestly didn't think it'd be a problem. Now we are being told that the 9 days my son has missed this school year are not excused & will not be even though technically the school is at fault for the injury that my son had in gym class along with his injury worsening due to them not listening to what his doctor had written in the note that was given to them regarding his ankle. I do not have a record, I've never been to jail & I do not want to go to jail but I do not regret keeping my children home. As a parent my number 1 responsibility is to keep my children safe, to love them & look after their wellbeing. In my opinion I would have neglected my son had I sent him to school while his doctor recommended him resting his ankle, I would have sent him if the school didn't overlook the fact that he was hurt & that kickball was the last thing his injury needed. I feel the teachers, the school nurse, and the school officials period neglected my child by overlooking the fact that even his doctor stated that he needed to rest his injury & instead of letting him rest his ankle they demanded he participate in gym class. Then the deaths in our family, no one seen these deaths coming, they weren't planned. Along with my mother-in-law & the battle thats she's fighting with cancer, my children love their grandma & this is hard on all of us & now my husband and I are facing whatever this deal is with the prosecutor. Im at a loss, my children have lost 3 family members, they're watching one suffer with cancer & now possibly their parents might be locked up because of 9 days & 7 of those days are in my opinion the school systems fault for negligence, had they took my sons doctors note seriously then I wouldn't have felt the need to keep him home to make sure his injury was getting the proper rest that was ordered by his physician. I'm a disabled mother of 4 wonderful children 17, 15, 11, & 5 the kicker is I'm wheelchair bound due to a lying corrections officer that works for the same County, he was in full uniform when he hit my vehicle & caused severe nerve damage to my back causing me to lose the ability to use my left leg & he was never charged, he wasn't charged with impersonating a police officer. My case was swept under the rug, my family has already lost enough due to Harrison County Indiana & now my children might lose even more, their parents.
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