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socrateaser
socrateaser, Lawyer
Category: Family Law
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Experience:  Retired (mostly)
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My child is under court order to attend school due to past

Resolved Question:

My child is under court order to attend school due to past truancy issues; i received summons in mail re: another hearing due to excessive absences. I have sent notes and she has also had physician notes due to illness which we are still dealing with. However, attendance secretary said "parent notes are not excusable and not accepted".....I have spoken with my child's principal who is aware of court order and health issues and he went back in and approved parent notes, etc but when I called about these changes, I was told I still had to come in and answer to the absences. I'm confused and need to know what my rights are and my child's rights are at this point. I am unsure how to handle this when it seems to have been a breakdown in communication and someone not putting in parent notes.

Thank You,
Sonya Sims
Conway, SC
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
Hello,

I'm a bit confused, too. Please clarify:

1. Who does the summons name as defendant or respondent (you or your child)?

2. Who is requiring you to appear to discuss the child's absences (a court or the school principal, or police officer, etc.)?

Thanks in advance.
Customer: replied 1 year ago.
It is from the Horry County Schools Coordinator of Attendance to me in re: to my child and requests that she be in attendance also. It says it is due to truancy issues or violation of a previous court order and that we are to be present for a hearing. My child is 15.
Expert:  socrateaser replied 1 year ago.
Okay, thanks.

This is not a real court hearing. It's an intervention step which is used to avoid having to file a petition re truancy in the family or juvenile court.

I would encourage you to cooperate and see if you can obtain some sort of consensus with the Coordinator, so that he/she doesn't decide to push things up the ladder, where a judge could actually sanction you or the child (money, community service, jail, juvenile detention, etc.). However, if you or your child do not want to answer any question, then you can refuse. You can also refuse to testify or sign anything under oath.

The SC Board of Education Rules re truancy can be found at this link. Scroll down to Section 43-274.

Please let me know if my answer is helpful. Thanks in advance.
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34180
Experience: Retired (mostly)
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