School says any tardy is unexcused. Kids had dr appts for adhd and asthma. Is that legal?

Question

My daughter has ADHD and my son has asthma. Both kids are now attending public school since we moved. This morning I had an asthma check on my son (had an ER visit this weekend which always requires a follow up) and my daughter had her ADHD checkup. When I dropped my children at school. I was told that any tardy is unexcused no matter the reason. They (the school) argued with the county over that in regards to doctor's appts but the district stated that the kids can go to appts after school. Now mind you my kids are in school from 845 until 3 Monday through Friday. So my question is both my kids are protected under the American with Disabilities Act and my daughter under IDEA and 504. Is it legal for them to do that? I think personally it is discrimination and is taking away one of their rights. Any one who can help me find the answers on this, please let me know. I am researching it now as we speak and planning on going to the school board with it first by letter then by legal action if necessary.

Answer 1

I went through all that with my son years ago.  Yes its illegal, but there is nothing in the law that punishes them for their behavior.  Its kinda like if the law against stealing something said, "You can't steal and if you get caught you have to give everything back".  You can get a lawyer and force them to change, but that costs money. How much do you want to spend for the Free Appropriate Public Education?

Answer 2

What is the penalty for tardies? If they won't really affect your children, don't worry about it. Unless the kids are going to get detention or something, just speak to the school board about it and hope it gets changed. But really, if it's not detrimental to your kids' education, who cares?

Answer 3

I would get a doctors note stating that the child had an appointment that day, or the date she missed school. It will become an excused tarty or absents.  

Answer 4

Insist on a 504 plan---it accommodates students with health issues..

teh accommodation could be excused absences or tardys for medical reasons..

that rule is absolutely unreasonable---doctors don't just have office hours from 3-8---they expect kids to miss school for appointments..

the onlytime this should be enforced is for routine annual physicals.

while telling them ahead of time is a courtesy--it shouldn't be required

Answer 5

I cannot speak for the school's rules but if you brought a note indicating MD appt that might help.  You also don't indicate if it's a public or private school.  If they have a 504 plan or IEP's or medical documentation on file with the nurses office that also might help.

Before you get too worked up - ask to see the policy in writing - probably in the handbook and see under what circumstances an MD appointment is excused.  If there is nothing - I would calmly say that as a parent it is my responsiblity to provide for my childrens medical care and MD's make the appointments - when possible I will honor your rule but not to the detriment of my childs health.

You may find them reasonable - if not - then you will have to consider what other steps might be available to you.  If your kids don't have an IEP you are going to have to go throught the Office of Civil Rights try this site:

http://www.ed.gov/about/offices/list/ocr...

Answer 6

did u call in and tell them your son and daughter have DR appts? you have to do that if you are dropping them off late. school is BS, they have retarded policys good luck with the case

Answer 7

as long as the tardy doesn't affect their record or grades it wouldn't be such a big problem about the tardy, however it is discrimination and that isn't okay, do if you intend to pursue something I would fight the discrimination instead of a stupid tardy policy. plus you will probably get further if you don't just sound like you want the tardy excused, but if you really had a problem with the whole "no matter what" thing even if it is something that you have to do.