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gina_girl72376 August 30, 2008

I am in a constant battle with the school PLEASE HELP!!!

gina_girl72376
My daughter rides the special ed bus and her school (after only knowing her for a couple of days) are saying she is retarded of course not in so many words. However, she has a severe speech inpediment that has limited her ability to learn like other children.

My problem is ...they are saying someone has to be home to get her off the bus. They are saying that is a federal rule. I tried looking that up but couldn't find anything on it. My daughter knows how to let herself in the house and knows to lock the door behind her. She also has access to a phone and knows all the phone #'s to call including 911. She is a very responsible 11 yr old. She is only alone for about 30 minutes until I can get there.

At this point, I think she needs the independence. I don't see any reason for not be alone for 30 minutes a day after school. How can I convince them?
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Parent Answers to "I am in a constant battle with the school PLEASE HELP!!!"

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Anonymous
Anonymous December 6, 2008
www.latchkey-kids.com/latchkey-kids-age-limits.htm

This is State to State, hope this helps :)
gina_girl72376
gina_girl72376 December 6, 2008
That is what I am trying to get changed unfortunately, I don't get a say in it and the rest of the ARD committee is saying she can't be left alone.
kbafam
kbafam December 6, 2008
Usually, in ARD paperwork for SpEd transportation, you have the option of saying whether the child can be dropped off with nobody home. Ask if this is something that can be changed in the ARD paperwork - this is the way I've always seen it done.
AllReading
AllReading August 31, 2008
At what age does the law say a child may stay home alone?

If the school system contends that there is a federal law that applies to parents, ask to see it. Chances are it's a law that governs the school system, such as a law prohibiting it from dropping off a child below a certain age when there is no adult waiting to meet the child. Even though such a law wouldn't create a responsibility on your part, the school system could decline to transport your daughter if no one will be there to meet her.

Any law that would govern the parent would likely be a state law, not a federal law. Every state's laws on such matters are different. Not every state will even have a law. Well-meaning police may not know the law on such matters. For example, if you're a homicide detective or an undercover officer in the drug unit, you would have no reason to know whether there is such a law. Those working with juvenile delinquents are most likely to know of any applicable state law.

It may be that your local child-serving agency that deals with abuse and neglect might consider it inappropriate for a child of 11 to be home alone. You don't want a knock at your door from such an agency.

Frankly, 11 is too young to be home alone, even if the 11-year-old is mature. This is particularly true where she has a speech impediment which might make it difficult for her to summon help in an emergency.

There are options. Do you have a neighbor or friend who can meet your child at the bus stop and look after her for 30 minutes? Can you change your work schedule so you arrive 30 minutes early or reduce your lunch hour to 30 minutes, and then leave 30 minutes early? Is there an after-school program or activity and then a later bus?

Has your daughter been evaluated by the public school system? If so, get a copy of the evaluation report and see what it says. Does it say she is mentally handicapped? or just that she has a speech impediment? If you are not satisfied with the evaluation, you can request an evaluation from an expert in private practice, and the school system will pay for it. Read more at the Wrightslaw website at www.wrightslaw.com.

You and your daughter need some answers, and not just about the bus situation.


priestj1981
priestj1981 August 31, 2008
I'd like to help! I think that's wrong of them to do, but just want to give you a little info. though, in some states you have to be a certain age to be able to stay home alone by law. Our state you have to be 13yrs. old and older.
Cinderbell
Cinderbell August 30, 2008
If your schools says this is Federal Law, ask where you can see this in writing. Either it doesn't exist or they should comply with your request. I would also ask this in writing also, and send it to your district.

Regarding the experts who say there is nothing wrong with your daughter, who are they? Did you have private evals done? If the school did the evals then the teachers should not be saying your daughter is retarded and I would inform them as well as the principal about this, again, in writing, as this is wrong and I would think, would make you uncomfortable with this kind of talk and if it were me, I would tell them this is not acceptable. If the school still insits she is, ask them why as there might be more going on than you are aware of.
immrsp
immrsp August 30, 2008
If there is such a law, it probably applies to the school district, not to parents. Your local police wouldn't be responsible for enforcing that law, so they wouldn't necessarily be aware of it. The law probably holds the school district responsible for the safety of students in their care until they're released to an adult.

Are all students in the district required to be 12 years old before they can get off the bus alone or just students in special education? If it's a rule specific to special-ed students, your district's special education department may be able to give you more information about the legal aspects of it.

If there really is a law that holds the school district responsible for kids until they're released to an adult, they won't be able to make an exception for your daughter, no matter how mature and responsible she is. Fortunately, she'll be 12 within the year, and then you won't have to worry about this any more.
healthy11
healthy11 August 30, 2008
There is a website where you can ask legal questions for free, and lawyers might be able to answer your question, www.lawguru.com Be sure to tell them the city/state you live in, even though you think it's a federal law. ( You might write the school a letter, and say that you have spoken with the local police department, and they do not know of any such law, so you would appreciate a copy of it to show them.)
gina_girl72376
gina_girl72376 August 30, 2008
The school is the one that is saying she is retarded. She has been evaluated almost every year and no one has said she is retarded. She has came a long way from when she first entered into school at 3 yrs of age. She used to not even be able to say mama and she wasn't walking until she was 2. The doctors think she may have had a stroke which has caused the speech impediment and she is slow in the learning department but all the experts agree that she is not mentally retarded.

I have talked to CPS and the police enforcement about how old a child can be left unattended. There is no age but they said as long as they know the correct #'s to call and knows basic safety rules then its ok.

The school is telling me this is a federal rule that someone be with her when she gets off the bus. All last year at her last school she stayed by herself for about 30 minutes everyday. Nobody had a problem with it.
healthy11
healthy11 August 30, 2008
As cinderbell mentioned, it sounds like there are two main problems. One is the age at which a child can be legally left home alone, the other is your daughter's educational needs.

You should be able to call the local police department for clarification of the age situation....I believe they use the term "child endangerment" to address underage kids being left unattended....of course, by age 12, many children are babysitting, so I have to think that it would be okay by then...

It sounds like you're in a new school and maybe in a new home? Are there any neighbors (ie, senior citizens) who can meet your daughter off the bus to satisfy the school district guidelines in the meantime?

The other big concern really is the statement you've made about her speech impediment limiting her ability to learn...I can see where it might limit her ability to express WHAT she's learned verbally, but if that's all she's dealing with, it should not be limiting her ability to learn. When was her last comprehensive educational evaluation? I'd like to invite you to join the Learning and Attention Difficulties Group at community.greatschools.net/groups/11554, where many more parents of children with special needs can advise you.
Cinderbell
Cinderbell August 30, 2008
BTW...Who is saying your daughter is retarded? if it is the school(teachers, ect) and she has a speech problem, you and the school should be looking into having her evaluated and the school should be helping your daughter through speech/language services if they aren't already.
Cinderbell
Cinderbell August 30, 2008
I'm not sure if this is why your school is saying this, but I believe children has to be 12 years old in order to be home alone-in most states, I believe.

Who told you someone had to be there waiting for her? If it is your school, I would think my reason given is why but if it is the bus driver I find it odd he/she knows exactly how old your child is.

It sounds like your child knows the protocols of staying home alone, I just hope she remembers to do everything "safe" all the time.

Any contributed content above is the subjective opinion of that member or external author, and not of GreatSchools. GreatSchools does not check for accuracy in community posts or verify the contributor’s identity. If you are searching for health-related advice we strongly suggest you seek professional medical support. View our Community Guidelines for more details.
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