Placement

[Christi Blunt]

I'm looking for advice in the state of Kansas. Let me give you some details.....

 

-Child was enrolled in public school in Kansas

-In Pre-K family was promised that his new school could handle his behaviors and elopements.

-Now in Kindergarten (young 5 yr old currently)

-The first semester he had over 300 elopements plus big behaviors.

-Had multiple IEP meetings to try to meet his needs.

-Family wants him in behavior school, but the school district does not agree.

-School district proposed the SER program.

-Family toured 2 buildings

-Huge safety concerns due to elopement and was express to school team 

-Could not agree on placement so went to mediation

-Mediation was truly a waste of time

-Family sent an email yesterday stating they are withdrawing him from school to full time ABA (the school does not know this and the family does not want the school to know). 

-The family received the attached letter today.

 

This letter is a follow-up from the information you shared with .......Public School 
staff on 1/15/25, stating you have made the unilateral decision not to have your child
attend school. Currently, our records show that ........has not attended school since
12/20/24.
Since ........has been identified as a child with a disability who is eligible for special
education and related services through an IEP, the ........Public School district is ready,
willing, and able to provide special education services as described in ..........IEP.
Kansas compulsory attendance statute, K.S.A. 72-3421, states that it is the parent’s duty
to require all students with disabilities to attend school to receive the special education
and related services that are included on their IEP, or to provide for those services
privately. Home schools must be registered with the Kansas State Department of
Education.
According to the Kansas State Department of Education, “If the school district is aware
that an eligible child is not receiving needed special education and related services due to
the parents’ refusal to provide or accept the needed services, the school must determine if
it is necessary to report the child as a child in need of care as a result of truancy to the
Kansas Department of Children and Families (DCF), if the child is under age 13, and to the
District or County Attorney if the child is between the ages of 13-18.” Kansas Special
Education Process Handbook, Ch. 5, p.109.
It is the preference of the district to work directly with you to collaboratively resolve this
situation. There are several options available to do this:

1. Enroll your student in the ..........School District and make your child available to
receive the special education services on their IEP or partially enroll your

student and make your child available to receive the special education services
on their IEP.
2. Notify us that your child is enrolled in another school district and receiving
services on their IEP.
3. Provide us with a letter stating that you are providing special education services
and general education privately through a home school registered with the
Kansas State Department of Education.
4. Provide us with a written revocation of the consent you previously provided for
special education and related services. (Please contact me if you wish to revoke
consent for services and I will the revocation documents to you.)
Any of the above four options will meet the Kansas legal requirements. If you have
questions, please contact me at .......Our primary concern is making sure that
.........receives the educational services required and we greatly appreciate your
cooperation.
Additionally, if, at any time, you would like to hold an IEP team meeting, please contact me
at........ As a resident of the ....... School district, we want you to be aware that
we stand ready, willing, and able to provide special education and related services to
......, as required in his IEP.

 

My questions/concerns:

1. Can they actually call DCF since he is only 5 years old and it's not required to attend kindergarten until 7?

2. Any advice to move forward? 

3. I feel as if the school is retaliating against them.

 

I would appreciate all your thoughts on this and how I can advise them to move forward.

[EmilyM]

54 minutes ago, Christi Blunt said:

I'm looking for advice in the state of Kansas. Let me give you some details.....

 

-Child was enrolled in public school in Kansas

-In Pre-K family was promised that his new school could handle his behaviors and elopements.

-Now in Kindergarten (young 5 yr old currently)

-The first semester he had over 300 elopements plus big behaviors.

-Had multiple IEP meetings to try to meet his needs.

-Family wants him in behavior school, but the school district does not agree.

-School district proposed the SER program.

-Family toured 2 buildings

-Huge safety concerns due to elopement and was express to school team 

-Could not agree on placement so went to mediation

-Mediation was truly a waste of time

-Family sent an email yesterday stating they are withdrawing him from school to full time ABA (the school does not know this and the family does not want the school to know). 

-The family received the attached letter today.

 

This letter is a follow-up from the information you shared with .......Public School 
staff on 1/15/25, stating you have made the unilateral decision not to have your child
attend school. Currently, our records show that ........has not attended school since
12/20/24.
Since ........has been identified as a child with a disability who is eligible for special
education and related services through an IEP, the ........Public School district is ready,
willing, and able to provide special education services as described in ..........IEP.
Kansas compulsory attendance statute, K.S.A. 72-3421, states that it is the parent’s duty
to require all students with disabilities to attend school to receive the special education
and related services that are included on their IEP, or to provide for those services
privately. Home schools must be registered with the Kansas State Department of
Education.
According to the Kansas State Department of Education, “If the school district is aware
that an eligible child is not receiving needed special education and related services due to
the parents’ refusal to provide or accept the needed services, the school must determine if
it is necessary to report the child as a child in need of care as a result of truancy to the
Kansas Department of Children and Families (DCF), if the child is under age 13, and to the
District or County Attorney if the child is between the ages of 13-18.” Kansas Special
Education Process Handbook, Ch. 5, p.109.
It is the preference of the district to work directly with you to collaboratively resolve this
situation. There are several options available to do this:

1. Enroll your student in the ..........School District and make your child available to
receive the special education services on their IEP or partially enroll your

student and make your child available to receive the special education services
on their IEP.
2. Notify us that your child is enrolled in another school district and receiving
services on their IEP.
3. Provide us with a letter stating that you are providing special education services
and general education privately through a home school registered with the
Kansas State Department of Education.
4. Provide us with a written revocation of the consent you previously provided for
special education and related services. (Please contact me if you wish to revoke
consent for services and I will the revocation documents to you.)
Any of the above four options will meet the Kansas legal requirements. If you have
questions, please contact me at .......Our primary concern is making sure that
.........receives the educational services required and we greatly appreciate your
cooperation.
Additionally, if, at any time, you would like to hold an IEP team meeting, please contact me
at........ As a resident of the ....... School district, we want you to be aware that
we stand ready, willing, and able to provide special education and related services to
......, as required in his IEP.

 

My questions/concerns:

1. Can they actually call DCF since he is only 5 years old and it's not required to attend kindergarten until 7?

2. Any advice to move forward? 

3. I feel as if the school is retaliating against them.

 

I would appreciate all your thoughts on this and how I can advise them to move forward.

Speaking from my state, no. If he's not required to be in kindergarten, there shouldn't be a DCFS case for educational neglect. This should be nothing more than farewell and good luck.