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Attendance Review Board  

post #1 of 51
Thread Starter 
Okay, I'll set the scene.

In my city, the school board has hired a thug from Central Casting to pose as a Deputy District Attorney, and gathered up several "community" figureheads and a few receptionists and secretaries on their lunch break, and one or two janitorial and facilities management staff to form an imposing and intimidating-looking panel of "board members" aimed at scaring ME into understanding that THEY will control my 3rd grader's life; THEY will determine if she's sick and needs to stay home; and THEY will have me ARRESTED if my dd is tardy or absent for any reason without a doctor's note.

The Dep DA was the speaker/interrogator/bad cop, while the others sat there as backdrop, more than a few nodding in understanding and agreement with my "defense" and explanations of how my dd's medical condition is treated, etc.. He came on accusing me of disobeying the law, yelled at me, told me I was essentially a liar and that I had no credibility as a parent based on my "record" from dd's second, first grade and Kindergarten years, of keeping my dd home from school when she is sick, repeatedly. He told me I had lost the right to determine myself if my child needs to stay home sick, that now they were assuming that right. He implied that just because my dd may SAY she is sick does not mean she is sick and she cannot be the one determining if she is sick. *&%#@!!! I respond that, hello, I am her MOTHER, I am in the house with her, and I determine if she is well enough to go to school...

Currently, the infraction that brought me before this attendance review board is that MY dd has three excused absences, including one for bereavement the second week of school, and one unexcused absence (home sick, but no doctor's excuse), three tardies and three lates. One more TARDY, and the dep DA orders me to be arrested, which the No Child Left Behind Act allows them to do, and actually for as little as ONLY three tardies in one school year. They want me to sign a medical release so they can get all of dd's medical records, which I sign so I can get the hmmff out of there, and immediately contact the medical records dept., her doctors and revoke the release, and ask for a letter, instead, from her dr. explaining the medical condition that makes her sick a little more often than some (restrictive airways). I don't want to give the school district carte blanche on my dd's medical records, on principle.

Okay, so I get out of that meeting and tell my dd we are taking her to school no matter how sick she is and if the nurse decides she not sick enough, I will sit in class with her, and that's just how it's going to have to be for the rest of the year. She doesn't want to do homeschooling; she has her friends, doesn't want to change anything about her social life with them.

WTF.

VF
post #2 of 51
Sue! Sue now! This needs to be shut down. Sell everything you own if you have to, but hire a lawyer as you will not reason with these people. They need a lawyer to scare the shit out of them. Document everything and let them know you will do so, including tape recording all conversations. Take your daughter out of school, her social life won't matter when they put her in foster care over this. Yes, foster care. That's what they're moving towards. This is an emergency. Everything else is trivial. Get a lawyer now and don't back down until THEY sign a contract not to harass you anymore for this. Let all parents in your school know they are doing this. Let the PTA know. Do not sign anything they give you without a lawyer looking at it first. Do NOT back down. I am very worried that you think you can handle it on your own, it's just a school thing. No. Now it is time to bring in a lawyer. Get one MONDAY!
post #3 of 51


That is absolutely horrifying. I know your dd doesn't want to home school but how do you feel about it? That may be a decision you have to make for her. I agree about getting a lawyer involved.

Take care. :
post #4 of 51
Hell no on letting them have access to your dd's medical records. You are the mother and you have the final say. Get a lawyer or bite the bullet and pull your dd from the school. She may not want to homeschool but you as her mom might have to make a decision that will displease her. Are there any private schools as a possibilty? IME, most have scholarship help. What a horible situation :
post #5 of 51
Thread Starter 

foster care?

Seriously? Okay, I've been advised to get a lawyer on this, and have begun looking at the ACLU website, turns out there was a single mother in past who had to fight this district on the draconian attendance policy... she was a homeschooler and they came down on her for lack of attendance because her homeschooling was not recognized as a school... she won out.

I am VERY freaked out about my child bearing the brunt of anything scary... how could this leap to foster care...?

I did press the Dep DA about "What would happen to my dd if I was arrested
for a TARDY? I am a single mother." I didn't ask it like a scared rabbit, I was challenging him to defend this ludicrous threat to arrest and imprison me over a FEW tardies and lates of a 3rd grader. He finally was forced to be specific--other motherly types on the panel were whispering to me, "Nothing would happen, you wouldn't go to jail...", but I wanted this Punk Thug to back down, and he finally did admit that jail was not in the offing.

He said, "Have you ever gotten a speeding ticket?"

"No," I said.

"Have you ever gotten a ticket of any kind?" in that 'Ve haf vays of makeengk you tok!' voice.

"I don't recall ever getting a ticket, no," I replied, in that former Attorney General Gonzales way.

"Well," he said, "a policeman would come to your house, gather some biographical information, and you would not be taken to jail, your daughter would remain with you, but you would GET A NOTICE IN THE MAIL TO GO TO COURT! AND A JUDGE WILL LOOK AT YOUR RECORD AND YOU WILL BE CHARGED A FINE." He was livid that I forced him off-script to back up his stupid threats.

He later handed me a listing of all of the fines and court costs that are associated with increasing degrees of being found "in the wrong." He tried to force me to leave this meeting room as the school nurse representative was having me fill out and sign the medical release, and go finish it in an outer hallway, and he came round to "escort" me out, and I refused to get up, told him I would finish this paperwork right there where I was, I wasn't even finished talking yet, etc. He said they have other people waiting; I said, "Um, I'm going to finish filling this whole thing out right here at this table right now. You're wasting my time, I'm going to waste some of yours," which I did and as I said, later revoked anyway.

You know, this whole scene was scripted and blocked out like a stage play... maybe I will WRITE A PLAY!! Offer it to the drama dept at the high school.

Oh man... these may be the very last minutes of the United States' allowing some forms of civil rights, so I better jump on it. Thank you for any inspiration you can give me.

VF
post #6 of 51
Quote:
Originally Posted by Viewfinder View Post

I am VERY freaked out about my child bearing the brunt of anything scary... how could this leap to foster care...?


VF
If you have a megalomaniac working this as you so clearly do, if he makes it a point to put in jail to show how big and tough he is, you will have a criminal record. Having a criminal record for anything involving a child makes you look like an unfit mother. If anything, like vax issues, witch hunts, a custody battle with the ex or another relative were to happen, this could really, really hurt you. It sounds like this freakazoid is targeting you now. Get a lawyer right away- and do not settle for anything less than a formal apology and withdrawal of these threats. Let the PTA know what is going on, and show them any papers you have. Other parents need to know about this Dep DA, he sounds very dangerous to me, and I would not agree to work in the same district as him. You need to target him and try to get him fired. That's where a lawsuit comes in. It will protect not only your family but others as well.
post #7 of 51
I don't think that you need to fight this tooth and nail, but contacting an attorney might be a good idea at this point. As an attorney myself, I know this kind of... well, I can't think of a word that doesn't violate the UA, but the one I want to use connotes "Donkey's rear end". He's not going to listen to anyone without a law degree, because that's just the kind of arrogant jerk on a Witch Hunt he is.

If you have the means, the best and quickest way to deal with it is probably to find an attorney who would be willing to write a nasty letter to this man, copied to your school board, PTA, local news media, teacher's union, bar association, state medical association and state and national congressional representatives detailing what he's done, the tactics he's taken, that they are inappropriate from a legal standpoint and that you demand he stop IMMEDIATELY. If your DD's doctor is willing to write a statement about her condition and why she gets sick often and often needs to be kept home to recover, you could even have that included.

It would be a minor thing for an attorney, and would probably make a BIG impression. It seems like this sort of McCarthy-ist, Star Chamber Justice stuff only works when it doesn't have a lot of light shown on it, and people don't know what's going on. Letting other people know what's going on may be the best way to get them to stop.

Plus, then you have someone to contact if the excrement DOES hit the rotating blades.
post #8 of 51
Wow. Oh, wow. I've never heard of such a crock from school "attendance officials".

I'm sorry you're having to deal with these bullies.

Contact an attorney asap. It sounds like the big gorilla in the suit needs a legal kick in the fanny.
post #9 of 51
Thread Starter 

Thank you!

Oh, I already feel so grounded about this now, just hearing the roar of like-minded women behind me, shouting out ideas, paths to head down... thank you so much. I am already feeling so much better now.

The other day, I watched Naomi Wolf's internet-based interview about her newest book, something like "A Letter to an American Patriot," and it is profound! It's all about these civil rights being ripped away from us, and that it's too late for "prevention" of it happening; we're already IN it and need to fight for our--EVERYTHING. Check it out! Google it. She can't GET on the regular tv outlets she usually gets invited to... she's already being targeted by the homeland security thugs for speaking out about our constitution rights being torn asunder.

Thanks again, especially you, Belleweather... I'll be looking for a lawyer who says the same thing to me... Boom, boom, boom! Exactly!

VF
post #10 of 51
Thread Starter 

Holy Mother of God... I was not seeing this big of a picture

Quote:
Originally Posted by kmeyrick View Post
If you have a megalomaniac working this as you so clearly do, if he makes it a point to put in jail to show how big and tough he is, you will have a criminal record. Having a criminal record for anything involving a child makes you look like an unfit mother. If anything, like vax issues, witch hunts, a custody battle with the ex or another relative were to happen, this could really, really hurt you. It sounds like this freakazoid is targeting you now. Get a lawyer right away- and do not settle for anything less than a formal apology and withdrawal of these threats. Let the PTA know what is going on, and show them any papers you have. Other parents need to know about this Dep DA, he sounds very dangerous to me, and I would not agree to work in the same district as him. You need to target him and try to get him fired. That's where a lawsuit comes in. It will protect not only your family but others as well.
OH, man! You are so right! I see that now, I see the projectile of this bs. Scary! My baby! No, no, no.

I'm going to do exactly what you suggest, k, on Monday, first thing. Thank you so much, it is such a relief to hear your strength and conviction about this... it is just what I needed, to feel supported in my fury.

THANKS to all of you!!

VF
post #11 of 51
Oh, thank God! This has been lurking in the back of my mind all weekend. Here's another idea- get a letter from your dd's pediatrician, maybe signed by his whole damn practice, explaining that doctors with eight years of schooling and a career in saving lives don't have time to diagnose children who are coughing, sneezing, and are congested with.....an obvious cold. Furthermore, they don't have time to write letters to the school board confirming that children do in fact occasionally get colds.

Here's what really, really angers me- how much money is this jerk making? We can't afford to higher more teachers for smaller classrooms but we can afford this review board crap?

Keep me posted.
post #12 of 51
Quote:
Originally Posted by kmeyrick View Post
Oh, thank God! This has been lurking in the back of my mind all weekend. Here's another idea- get a letter from your dd's pediatrician, maybe signed by his whole damn practice, explaining that doctors with eight years of schooling and a career in saving lives don't have time to diagnose children who are coughing, sneezing, and are congested with.....an obvious cold. Furthermore, they don't have time to write letters to the school board confirming that children do in fact occasionally get colds.
Oooh, and if you could get them to throw in a bit about anyone but a doctor making decisions about your DD's medical condition, it's severity, and the best course of treatment would be practicing medicine without a license, that would be the best.

That's why I was thinking that sending a copy to the state medical board would be important. They're generally rather into policing that kind of thing.
post #13 of 51
Quote:
Originally Posted by Belleweather View Post
Oooh, and if you could get them to throw in a bit about anyone but a doctor making decisions about your DD's medical condition, it's severity, and the best course of treatment would be practicing medicine without a license, that would be the best.

That's why I was thinking that sending a copy to the state medical board would be important. They're generally rather into policing that kind of thing.
Amen to that!
post #14 of 51
Thread Starter 

Amen to the Amen!

Yeah, how much is it costing them--I ASKED them that very question during the review board meeting! At least fifteen (I didn't actually count them all, and I was not given a list... ) people who introduced themselves practically as Heads of State, were all sitting there looking at me and my 3rd grader's teeny-tiny "record."

And I am taking notes on all these excellent points to bring up! Excellent! I'm getting excited about it... horrified, disappointed in these people for participating in this miscarriage of authority.

I've got the doctor's letter waiting for me at the office... and I LOVE the idea of pitting the egos of doctors against the egos of the review board posse.

So much to do... but I've been pretty good about keeping a record.

Whew, tomorrow... I enter public service.

VF
post #15 of 51
Sickening! Why are some schools like this?

I took both my kids out for a day so DD could be on a TV show (in the 4th grade) and the school responded by giving her no homework because she was so excited. Talk about different philosophies!
post #16 of 51
I think how much of the budget they're spending on this should be public record. Maybe it is. Maybe the PTA would like to know. Good job on the record keeping. Get a lawyer to make them wet themselves. Dips. We can't afford text books and smaller classrooms but we can hire our own Spanish Inquisition for third graders? Gimme a break. Jackasses.
post #17 of 51
On the local news here they showed my city taking the SWAT in to round up Traunt children (mainly High School) and their parents. They were given a ticket if it was the first warning, and arrested if it wasn't. The news was reporting it like "What a relief to get these poor kids back to school" and "Shame on you parents"

Hang in there, and don't let them push you. Sounds like you have some support.
post #18 of 51
Thread Starter 

Took some steps today...

Okay, I had to slam some mean letters out with threats about lawyers and injunctions (against my own former beloved doctor who wanted to release the records against my wishes and instructions, because "you signed a 15 day release for them, and if they subpoena the records, we'll have to comply!" Yeah, but this ISN'T a subpoena; this is a tree-shaking. Do not release.") And I had to hunt down and ambush the SARB nurse representative for her reluctant signature and recognition that I revoked the release, and then fax FROM the district directly to my old doctor's medical records person. She didn't like my mean letter, but, it had the desired effect--it got them to hold up until I could get this signature bs faxed up to them. Our current doctor's records office in my new city is super anti-carte blanche on the records, and assured me that "NO WAY will we release anything to them." I pointed that fact out to my old doctor's office, too.

And, I managed to get a call in to an education attorney who I hope to hear back from tomorrow. Oh, and I have an appt tomorrow with the homeschool option group.

The school/district really wants her records, really wants to be able to medicate her with her nebulizer stuff w/o my presence, and I just said, No, no, no. Call 911. Her condition isn't that extreme, and I'm sorry, but administering her breathing treatment is an intimacy I am not willing to share with those goons, either. My dd is vulnerable during those treatments, in a host of ways... it's personal... the office is so public, no privacy anywhere; it would be embarrassing for her, I know. And it's just PERSONAL, for her to know and no one to find out if she doesn't want them to. People can jump to conclusions that are completely wrong, also, seeing a kid on a nebulizer treatment, and the office staff themselves are the worst ones to open their mouths and blurt out stuff or interpret things just completely wrong!

I'm not even going to let them get a medical authorization just for the one condition; I'm going to keep her home if she needs treatment and take her to the emergency room to get it, so that I can bring them a doctor's note. It's all so freaking weird, but, having read that northern California somewhere they got the SWAT team scaring the daylights out of "truants" and their parents, I see this is probably just the beginning.

Just wanted to update you all that I am taking action... it feels overwhelming, but I just did what I could do today, and what I had to do. It feels pretty good to have prevailed in the revocation... I feel I protected the rights of my child, and my extended family, perhaps. Who knows what personal information about ME and my condition, etc. is in her file, for obvious medical history info, etc.?

Okay, gotta get some shuteye. thanks.

VF
post #19 of 51
Quote:
Originally Posted by Viewfinder View Post
... In my city, the school board has hired a thug from Central Casting to pose as a Deputy District Attorney, and gathered up several "community" figureheads and a few receptionists and secretaries on their lunch break, and one or two janitorial and facilities management staff to form an imposing and intimidating-looking panel of "board members" aimed at scaring ME into understanding that THEY will control my 3rd grader's life; ...

The Dep DA was the speaker/interrogator/bad cop, while the others sat there as backdrop, more than a few nodding in understanding and agreement with my "defense" and explanations of how my dd's medical condition is treated, etc.. He came on accusing me of disobeying the law, yelled at me, told me I was essentially a liar and that I had no credibility as a parent ...
...
...They want me to sign a medical release so they can get all of dd's medical records, which I sign so I can get the hmmff out of there, and immediately contact the medical records dept., her doctors and revoke the release, and ask for a letter, instead, from her dr. explaining the medical condition that makes her sick a little more often than some (restrictive airways). I don't want to give the school district carte blanche on my dd's medical records, on principle.
...
Quote:
Originally Posted by Viewfinder View Post
... He tried to force me to leave this meeting room as the school nurse representative was having me fill out and sign the medical release, and go finish it in an outer hallway, and he came round to "escort" me out, and I refused to get up, told him I would finish this paperwork right there where I was, I wasn't even finished talking yet, etc. He said they have other people waiting; I said, "Um, I'm going to finish filling this whole thing out right here at this table right now. You're wasting my time, I'm going to waste some of yours," which I did and as I said, later revoked anyway. ...
If you can get the official list of "Board Members" to compare to the names and titles of everybody actually at the meeting for your attorney it could go a long way towards demonstrating the abuse of authority and your possible false imprisonment. If there were even one or two people that had no business being in that room it would strongly suggest that they were indeed trying to intimidate you and that the sheer number of people overwhelmed you into feeling like you had to sign in order to be able to leave.

It may be even more "telling" if some of the official members didn't find the meeting important enough to attend but the head "Thug" padded the attendance with non members such as "janitorial and facilities management staff".

I'm not sure how much the case for false imprisonment is undermined by him subsequently trying to rush you out the door and your determination to actually read what you signed. If most everyone else had left by that point then it might merely be a "make weight" argument. On the other hand false imprisonment up until the time you agree to sign and subsequently trying to give you the bum's rush are not mutually inconsistent. Additionally, the fact that he tried to badger you into signing something that important without actually reading it does emphasize what a bully he is.

Stay strong!

P.S. -- Your former doctor's office is lucky that you persuaded them that Medical Release was revocable. The Health Information Protection Act (HIPA) is taken very seriously.

Therefore you might want to take the additional step of notifiying the Attendance Review Board that the Medical Release form has been revoked and that any attempt to utilize it may be a HIPA violation.
~Cath
post #20 of 51
Thread Starter 

Brilliant, thank you Mommas!

Quote:
Originally Posted by CathMac View Post
If you can get the official list of "Board Members" to compare to the names and titles of everybody actually at the meeting for your attorney it could go a long way towards demonstrating the abuse of authority and your possible false imprisonment. If there were even one or two people that had no business being in that room it would strongly suggest that they were indeed trying to intimidate you and that the sheer number of people overwhelmed you into feeling like you had to sign in order to be able to leave.

I'm trying to figure out how to get that list... I am trying to make inroads to one particular lady who was present, who seemed to really like me... I got her card when I was there yesterday... she was one of the people at the meeting presented as one of the "heavies"... she's the senior administrative clerk and front desk receptionist for that department... or, padding, imo.

I'm not sure how much the case for false imprisonment is undermined by him subsequently trying to rush you out the door and your determination to actually read what you signed. If most everyone else had left by that point then it might merely be a "make weight" argument. On the other hand false imprisonment up until the time you agree to sign and subsequently trying to give you the bum's rush are not mutually inconsistent. Additionally, the fact that he tried to badger you into signing something that important without actually reading it does emphasize what a bully he is.

What do you mean "the case for false imprisonment"? Do you mean my being detained there at the hearing? He was threatening me with arrest after he "turned me in" as somehow illegally uncooperative with whatever he was accusing me of, which frankly, now is blurring in my memory. What the hell WAS he accusing me of? I better reread my op. I know he had smacked down his gavel, in effect, and was GOING to start the process of having me arrested, when the School Nurse representative jumped in and asked if he would accept, as my cooperation, me signing this release for dd's medical records. And he agreed. I did get the sense that several decent people in there were trying to protect me from Thug.

Then when my former doctor's office told me they were going to release the records unless I got the originator of the release to acknowledge the revocation, i.e., the the school nurse who was at the hearing, and I tracked her down to the district office where she happened to be giving a cpr class (via a administrative clerk who didn't know who I was), she balked at my revocation... she whimpered to her colleague that the DDA "wanted that medical release." And I said, "Well, too bad, I don't want to give you guys carte blanche, those records are MINE as well, and contain private issues of MINE." That school nurse claimed that she was just expecting that the doctor would give her specific info only about dd's breathing condition... and she talked to her colleage like she was "only this and only that," when in fact, they requested her MEDICAL RECORDS, which includes everything I ever told the dr in confidence, etc.

You know, I'm so glad I just went over there and presented myself now on three occasions to whoever I could talk to, and unannounced, so that I caught them off-guard. I'm sure that's 2/3 of the reason they cooperated; because they didn't have time to hide, or pretend to be someone else.


Stay strong!

P.S. -- Your former doctor's office is lucky that you persuaded them that Medical Release was revocable. The Health Information Protection Act (HIPA) is taken very seriously.

Therefore you might want to take the additional step of notifiying the Attendance Review Board that the Medical Release form has been revoked and that any attempt to utilize it may be a HIPA violation.
~Cath
Hmm, yes, you're right, I should probably write them a more official letter and mail it in... they did take a copy of the letter I handwrote as I waited to ambush the school nurse wherein I revoked the release, "in favor of a medical authorization form specific to the airways restrictive condition only, to be obtained on xdate when her doctor has requested to examine her for an updated diagnosis." It was written for our former doctor who was threatening to release the records, but, it was a "Notice is hereby given that the release... is summarily revoked..." (what does "summarily" even mean? I must have heard it on a tv show. It sounded good.).

And the colleague faxed it right then to my old doctor's office, so it went out with their fax cover letter, and from the school district fax machine... I asked her to print out a confirmation page; the "colleague"--someone important, she had her own office... what the heck was her name?--had really pushed me on how the school district wanted to have a nebulizer and prescription allowed at the school. "Oh, yes," she said, "your insurance will bring those things right to us.", so that, "worse case scenario, your dd goes into respiratory failure, we can begin to administer the breathing treatment."

No, she's does not have that severe a case at all, it'll never happen, and if it does: 911! "Yes, well, 911 plus we can start her on the breathing treatment..."

Shut UP! You are not going to be given authority to medicate my dd. Period. One person can diagnose her: her doctor, and one person can direct administration of her medication: me. Now I'm going home to eat a piece of pie! TWO pieces!! Whipped cream!!

And I did. I ate the last piece, which was not enough for two pieces, but a wee bit larger than what most would consider one piece. I can never wait for Thanksgiving to start making pumpkin pies... I feel better just MENTIONING my lovely afternoon treat... so yummy...

Thanks, CathMac... excellent advice, and I SO appreciate it.

kmeyrick... Spanish Inquisition is just how it feels... you're right. I guess I will have to break down and look into the PTA... I've heard they're kind of lame here... but I'll check it out.

Thank you all so much. This is the best part of MDC: support like this when you need it... brilliant.

VF
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