Folks, It has been almost a year since I have been to this forum. Unfortunately we are not homeschooling this year, and boy, oh boy do we miss it sometimes! Anyways, my question is specific for Texas families, and may even need to be moved to another sub forum. I have a relative out there who has a 4 year old in a full day program in a public school. He has been sick a LOT this year, and had several home days. She recently got a letter from the school system BOE that she has exceeded his allowed unexcused absences, and that he CANNOT be absent any additional days WITHOUT a doctor's excuse. If so, they reserve the right to contact DHR, etc. truancy officers, etc. OK, I get that... some of these big huge systems have to ahve form letters like that for families that need them, but... HER CHILD IS FOUR!!! As i understand it, the compulsory age in TX is six. I cannot find any info on the specifics of the law that would answer this question, but just because she has decided to enroll in this public pre school, does that mean they can legally do that??? She is kind of freaked out, and obviously thinking about homeschooling for kinder. (She has other reasons that really affirm her interest in HSing, but that is another story.) Is anyone familiar enough with the policies, that can reassure us that this is a mistake? or can offer some information she can equip herself with? I mean, PLEASE...everytime he has a green runny nose, or a low grade fever, or a bad headache, she has to go see the doctor??? UGH! I really miss you folks! Thank you, Miller in AL
Well if it were me and the kid was sick that often, I would write them a little note back saying that mandatory attendance does not begin until 6, and between now and then I changed my mind and decided to keep him home. The end! And between now and THEN I would come up with a plan to HS
http://www.hslda.org/laws/analysis/Texas.pdf He would need to be withdrawn, but as long as he's not 6 and/or in 1st grade yet, they can't force him to attend school.
Folks, it is this simple: "Parents give up their rights when they drop the children off at public school." -- Melinda Harmon, Federal Judge, 1996 Regardless of which state it is (as I have yet to see a law that opposes this in any state), once a child is enrolled in any public school at any time, the state is the "ultimate parent" and you must go by what the state's rules enforced by state agents. In this case, the school is the agent of the state, sooooo...yes, the school can do this even with a 4-year old, under the compulsory age, because the parents gave up their rights when they enrolled him. Every moment he is physically on school property or should be (because he is enrolled), the state has rights over the child that supersede the parents' rights.
All you have to do is take the child out of school and send a certified letter to the school simply stating you are withdrawing him to homeschool. Send a copy of the letter by regular mail to the Texas Homeschool Coalition if you want (I did). Texas is a super easy state to homeschool in. I'm begining year 5 and have never had an issue.
I feel as long as he is under the public care they have rules and you must follow them. No matter what age he is. Thats there rules. But, what I don't get is they don't want you to send your child to school sick but then he can't miss days if he is sick. Which one do you want? I am glad I homeschool.
I would take him out and send a letter and then breathe a sigh of relief. There will be positive results--he will be at home where he is loved and possible he won't get sick as often (it seems like some kids are magnets for whatever anyone else is sick with).
Once the child has been enrolled in a public school, the parent must--not just should but must--inform the school that the child is being pulled out. Otherwise, the child could be and most likely will be considered truant. The best way to cover oneself legally to present these intentions in a dated letter and keep a copy. This way there can be no misinterpretation.
Actually in the state of Texas this is not true. Parents are not required to send any notice to the school. Just as if you were taking your child out to enroll in a private school, because in Texas that is what a HS is considered. Now, personally to keep the truant officers off my back I would send it certified maybe even with a copy of the laws, but it is most certainly NOT required.
I wrote that the school must be informed and I suggested that it should be in writing for legal protection so there is no misunderstanding that the child is truant. A child transferring from one school to another usually requires some kind of notification and usually in writing for the same reasons. Otherwise, any parent can simply say the child is now homeschooled for the sole purpose of avoiding truancy charges.
According to HSLDA website compulsory attendance ages applies to "a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade,and who has not yet reached the child's 18th birthday shall attend school." I would have them print that out from the HSLDA site and take it up to the school. BUT If I were that parent I would definately pull my child out. I would also be sure to inform the school through a certified letter of my intentions and THEN call the HSLDA to make sure you are doing what they suggest since they have already been threatened with truncy charges. Even though we are not required to inform the school it's better to do so especially if they pull the child out in the middle of the year. Just to cover all the bases. We've been down the same road with the truncy warnings. Which was really annoying since the year before that I had been called nearly EVERY single day to come get my son due to his tummy hurting but he wasn't running fever. Once he was home he was fine. The next year it started again and I informed them that I didn't think he needed to come home unless he had a fever. Guess what, they would call me to tell me his tummy hurt and he had a fever. I would check it when i got home and NOTHING. he said they didn't take his temp.. The school nurse got crabby with me a few times over it. But there was nothing wrong and it was confirmed by a doctor. I even took him straight to the doctor and had THEM check his temp and he didn't have one. I wanted to pull him out mid year but hubby wanted him to finish out the school year. We found out later that he was being bullied. Angela
As a child I missed alot of school due to sickness...... they called and sent a letter to my mother. All she had to do was meet with the staff at school and they were fine with it all...... but in your situation, he is 4..... I would do as MOnkey MOmma said.... sounds like a good plan....then withdraw him and homeschool.
