Vermont Bar Journal, Vol. 40, No. 2 Summer 2015, Vol 41, No. 2 | Page 38

by Jay Diaz, Esq. THE CHILDREN’S CORNER Chronically Absent Students or Chronically Absentminded Policies? How Vermont Can Change its Truancy System to Keep Kids in School and Stop the School-to-Prison-Pipeline It was a sun-drenched summer afternoon that I arrived at the courthouse to meet my clients, Jenny and Ben.1 Jenny is the single mother of Ben, a stout ten year-old boy. Ben was diagnosed with Pervasive Developmental Disorder, a mild form of autism, at an early age and has been on an Individualized Education Plan (IEP) at school since he was six. Although a loving boy, he has presented many challenging behaviors throughout his life. His needs and behaviors, in addition to Jenny’s own disabilities, have forced Jenny to drop out of a master’s program and she is unable to maintain regular employment. It has never been easy. On this particular day, the pair was in family court because Ben misses a lot of school. He regularly refuses to leave home when it is time to go to school and he is also sick more frequently than other students. He refuses to leave for a number of reasons: he’s afraid to leave his mom alone, he is afraid of storms, and he fears being stung by bees. When he is not physically ill, it will typically take his mom three to four hours to get him to dress, eat, take care of basic hygiene needs, and leave for school. Throughout the mornings he will cry, become upset, throw things, undress, and simply refuse to leave. Because of Ben’s absences and late arrivals, his school sent a request to the local state’s attorney’s office asking that a “Child in Need of Care or Supervision” truancy (CHINS(D)) petition be filed in the family court. Under Title 33 of Vermont law, upon request of a school dis