The parents of a Florida boy with Asperger’s syndrome say their school district is threatening them with truancy charges after they disagreed with their child’s classroom placement.
Officials at the Broward School District assigned Blake Buell, 7, to a class specifically for children with autism. But the boy’s parents disagreed with the placement, arguing that their son is at grade level and should not be placed in a class with children who may be less capable academically simply because he has behavior issues.
As a result, the Buells enrolled Blake at a private school and requested a due process hearing.
Now the school district is threatening the Buells with misdemeanor truancy charges unless they officially withdraw their son since the boy has not been attending the class he was assigned to.
The parents, however, say withdrawing is a move they’re reluctant to make, fearing that doing so would absolve the school district of its responsibilities under the Individuals with Disabilities Education Act, reports WPLG, the Miami ABC affiliate. To read more click here.
I believe these parents are being intimidated, harassed, and retaliated against for bringing due process against the school district. Their advocacy for their disabled child is a protected right under ADA and the Rehabilitation Act. They should get their lawyer to write the school and tell them to cease & desist. And if it does come up to a truancy hearing, they’ll want their sped lawyer there to explain that (1) the child is in school so there is no truancy and (2) the school is violating the parents’ civil rights.