Sons school is taking me for court for truancy.

Location: Pennsylvania. (First post deleted bc there wasn’t an actual question. Sorry about that)

I have never posted on Reddit before, but I am at a loss. My son is 5 yrs old. He started kindergarten this year. He is diagnosed with autism level 3, ADHD, and traumatic brain injury. All three of these issues are known to cause problems with sleep. The school is aware of all of these diagnosis. He also went to pre school there last school year. He doesn’t have an IEP yet for this school year.

Before we started him in school, we were told that the school will work with my son. They will structure his day to help him. They used the example that if he needs to go only 3 days a week or have shortened day.

He has missed days yes, but all due to his sleep. The school said 19 days. (This is incorrect). They called Children Youth Services on us. We had a meeting with a lady last Friday. I explained everything. She looked at his “unexcused” days. She said a handful of them were excused. She also said the first week of school that he missed due to the school not having bussing set up didn’t count as unexcused. (just so happened my cars battery went, and I wasn’t able to take him)

We had an attendance meeting already. The principal wanted him to be there every day, regardless on how he slept. He was sick with a doctor’s note that week. I kept him home. And I feel like she’s power tripping because we didn’t make him go when he was sick.

Because after that CYS called for the appointment . Today, I got a notice to appear at local magistrate due to his attendance.

But what I’ve read is that
1.the school miscounting days is illegal.
2. The school doesn’t have an IEP for him. I asked them to update his and his teacher said that “ because he hasn’t been going regularly”, she hasn’t been able to complete one. ( he had one in pre k). I read that they can’t use that as an excuse.
3. I also read that they shouldn’t have contacted CYS/ courts because of his diagnosis’.

Also to note, his very first day, he came home with two big scratches going up his leg. Some teacher/aid hurt him. His family doctor agreed along with his behavioral consultant. Then the week after, I got a call from his teacher stating that he fell. My first question was “did he hit his head” due to his history of traumatic brain injury. She said “no, he caught himself on his hands.” She said he was lying down (not like him) and wanted to know if anything helped him to feel safe (toy/ blanket). Then I get a call from the nurse 2 hours later saying “I know the teacher called and let you know he hit his head….” I told the nurse “no, she specifically said he didn’t hit his head.” I ended up taking him to the ER to get checked out. Both these instances, the teacher and school has dodged answering questions about these. (I have messages from the teacher not answering or vague)

We have been hesitant to send him in the first place. He is mostly non-verbal. Him being scratched and him hitting his head, along with lack of communication from the school has also made us scared to send him. On top of his problems sleeping.

Also, one night when I put him to bed at 9:30, he woke up at midnight, and was up until 5 am. I kept him home that day, I had called the teacher to tell her. She said keep him home bc when kids don’t sleep, they usually act up/ don’t get anything done. Now it’s a problem. I have messages referring back to what she said about keeping him home if he doesn’t sleep.

What are the next steps I should take?

Sorry this is long. Lots have happened. And I have never dealt with this. I just want to protect my son. Any information is really appreciated. Thank you for taking the time to read/ answer.

Author: Honest_Disaster_3908