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I need anyone's input on this. My 16 yr old daughter goes to a charter school here in Florida on a McKay Scholarship. The principal of her school kicked her out last week and told her to come back at the first of the year because she won't get credit for this semester due to absenses. Now my daughters last report card boosted 5 A's and 1 B and she is at this school due to a learning disability. Now I want to know if this is legal ? I'm pretty sure that in the State of Florida a child has to be enrolled full-time till a certain age or graduation.

Tomorrow I am going to try and enroll her in public school because it just doesn't seem right that she is not continuing her education due to the fact that school is trying to sqeeze more money out of her scholarship. Please send any advice you can.

2006-11-28 12:59:57 · 10 answers · asked by thatdarnsheila 2 in Education & Reference Special Education

First of all, thanks to everyone who took the time to answer my question. To give a little more insight to the situation, my daughter suffered from Dyslexia but is termed Progression. She is in the 10th grade at a 5th grade reading level. As for the absenses, she has a Spinal Fluid Defeciancy. Last year she was given a Spinal to check for Meningitus, which thank God was not the case. Anyway, the hole did not close properly and she was leaking spinal fluid that in turned caused her brain to sit (so to speak) on her skull. After several trips to a specialest in this field the problem has been corrected but I do resent the fact that some of you assumed that the absenses were some sort of quise for tryanncy.

I would like all of you to know that today we went and registered my daughter in a public high school with good ratings . Also I did call and cancelled my childs McKay schoalship, don't worry Florida residents your tax dollars wont be wasted this time. Thanks again.

2006-11-29 13:24:40 · update #1

10 answers

Most schools have an attendance policy. A charter school has its own rules. You need to enroller her in a regular school and make sure she can still get credit for what she has done. It would have helped if you mentioned her disability. As a student with a disability she can be suspended for 10 days after that there needs to be a manifest determination. This is a PET getting together to determine if the childs disability is the reason for the suspension.
I am a special ed teacher and I know my special ed law

2006-11-28 13:48:31 · answer #1 · answered by itsgood2b_king 2 · 0 0

The state of Florida mandates that students who miss more than nine days of school in a semester fail due to absences. That wouldn't show on her first report card, only on her semester report card, and she would not receive credit for the semester.

Schools can't afford to have delinquent students on their rosters, especially when the parent seems to be more interested in getting around the rule instead of getting the child to school.

Charter schools do not have to keep students who are failing, misbehaving, or otherwise breaking the rules, and they are within their rights to kick out your daughter. The public school also has this right since she is 16. They have to accept your child, but the absences will follow her, and she will not receive credit for this semester.

Her disability has nothing to do with it. The state provided a McKay Scholarship to the school of your choice, so the FAPE is satisfied - you and your daughter are the ones who screwed it up. She can still receive a FAPE through the public school system, but if she doesn't attend, it's not the school's fault.

The ten day suspension rule also does not apply because she is not being suspended. She is being removed from the school because she has chosen not to follow the rules and you have allowed her to do so. This has nothing at all to do with her disability.

Your daughter may do better by enrolling at Florida Virtual High School. The web site is www.flvs.net. This way she can work at her own pace and doesn't have to attend a regular day school. Another option is for you to homeschool your child. The district should be able to provide you with information about state and district requirements.

Adult education (night school) may also be an option. There are still attendance requirements, but she can work at her own pace and progress as fast as she wants to. She can get a job during the day and go to school at night.

Please stop playing the disability card and making this all about money. What does that teach your daughter, that she doesn't have to follow the same rules as everyone else? There are rules and there are reasons for the rules, and your daughter needs to learn NOW that Mommy is not going to save her when she chooses not to follow them. This is a great opportunity to teach her a lesson in maturity and responsibility - don't let it slip by!

2006-11-28 14:34:53 · answer #2 · answered by TeacherLady 6 · 0 0

Check the attendance policy of the charter school. Charter schools follow a different set of rules. If this is a public school, the rules are different.

You mentioned that your child has a learning disability so she should have an IEP. Is being absent part of that learning disability? If it is, it should be mentioned in that IEP. If not, you will have a tougher time disputing the school's decision.

Check also with the the organization that gave your daughter the McKay scholarship. Ask them what happens with the scholarship if your daughter goes to public school. This way, the receiving charter school can not ever touch that scholarship money.

Hope this helps.......

2006-11-28 14:25:01 · answer #3 · answered by ola 2 · 0 0

If she has a learning disability, you should investigate because she is being denied a free and appropriate education (FAPE). Charter schools are public schools, so they still must provide special education services, even if they have to come to the home to do it. And YOU can a get into trouble with truancy if your child isn't enrolled in some sort of educational programming. With No Child Left Behind, I don't understand how a school would tell anyone to miss 20 days of school! It could kill their rating.

I don't understand the scholarship situation, so I can't address that. If it's a Charter School, why do you have to pay tuition? As I said, Charters are independent public schools, and thus are free (unless you mean Charter in it's truest sense and it is a private school?)

2006-11-28 13:31:09 · answer #4 · answered by Twin momma as of 11/11 6 · 0 0

Why haven't you had a conference with the principal? You seem to be avoiding the issue of your daughter's absences and also ignoring the situation. You need to try and work this out through channels if at all possible. You also need to help your daughter and not teach her it's all right not to obey the rules.

2006-11-28 13:09:10 · answer #5 · answered by clarity 7 · 0 0

If she has been categorized as learning disabled (officially through the school) has an IEP etc. then this is pretty shady business. However if she's just a "regular" student then they can do it.

2006-11-29 02:52:44 · answer #6 · answered by stargirl 4 · 0 0

If she has a "Learning Disability" are all her
A's set on a curve?
The real question is why so many ansences? Any new school will look at her with caution.
Anyway public school is fun. I took it myself.

2006-11-28 17:42:55 · answer #7 · answered by Rusty 4 · 0 0

Why did she miss so many days of school?

2006-11-28 13:02:20 · answer #8 · answered by Anonymous · 0 0

why dont you enroll her in an online school.that way she can stay home and you can supervise her work more and she wont have anymore absenses it worked for my son.

2006-11-28 13:06:38 · answer #9 · answered by kelley b 1 · 1 0

the state is required to educate her. no one else. private schools can do watever they want.

2006-11-28 13:02:21 · answer #10 · answered by Anonymous · 0 0

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