My son, who is now almost 19, has mental health issues. As a result, he had many behavior and truancy issues in elementary school ( we chose to home school him thereafter because of the ridiculous issues the school district caused). We are in Kansas.
He was born with issues. At the age of 7 we sought out help from our local, rural mental health center. They diagnosed him with every behavior problem in the book. From pre-K on, we had almost daily issues with acting out, inability to sit still, unable to stay on task, fighting with other students as well as us not being able to get him up and to school on time. We stayed in touch regularly with the school so we could address problems. We knew it was not fair for the teacher or the other students. We had regular meetings with his educational team, the principal, the psychologist and his mental health team from the clinic. These meetings were almost monthly! We kept asking for an IEP for him and they would always respond "let's see how he does this time". Even their own psychologist said her tests agreed that he qualified for one. His first principal was very helpful. On one occasion, I had to take my young child to school in nothing but his underwear in 13* temperatures, with his clothes, because he could not be absent again. His principal came out to my car and the both of us chased him from the front to the back of my van until we caught him. He took him in and dressed him. During this time, we were also medicating him for ADHD. My son would fight going to bed every night. We could be sure that from 8 to midnight, it would be a fight until he literally just passed out from exhaustion. Naturally, the next day, he was too tired to wake up. This went on for years. Finally, it got to a point where he was too big for me to carry and force to school. (Spanking was not an option as this made him into an angry monster that would tear the house apart. Guess how we learned that - on more than one occasion). In 3rd grade, he got a new principal. She had been in the special needs field for 27 years. She was determined that he WOULD bend to her will! Again, meeting after meeting got us nowhere. We had decided to home school him for 4th grade, as we would rather have the headache at home than with the school. They got wind of it. That summer, we received a summons to appear in court for a Child in Need of Care based on Truancy. They literally were trying to get legal custody of him.
We appeared in court with our mental health team. The vouched that he had mental health issues and that we were trying very hard. The judge ruled that he must attend 4th grade with no issues at the same school. Then we would revisit it the next summer. That year was HELL! More than once, I had to call the police department (non 911 number) to have them pick him up and escort him to school. We reconvened and the judge dismissed the case. 5th grade was home school with NO warning. This suited him much better.
When he was 15, we took him for testing at an Autism Center. Low and behold, he has Aspergers, Bipolar, Generalized Anxiety Disorder, Severe Social Anxiety, ADHD. Not only had the mental health clinic misdiagnosed him (we stopped using them when he was 12), but the school should have picked up on at least some of this with their testing and their experience with other youths with these issues. Instead, he was basically tortured and forced something that put him in great mortal fear. And no, he didn't like going anywhere else either, except grandma's house. We had to force him to church until he was too big to carry. He hated going to the store, dinner out, etc. He even hated traveling to Texas to visit my family. To this day, he still does not venture out much, ,though he's trying.
Fast forward to about 6 weeks ago (NINE YEARS LATER). He received a letter from a collection/law office. He is being sued for the cost of the court case where the school tried to take our son. Never in all of that time, had we received any kind of notice on the bill. The collection company says that when a debt is due to a district court in a case concerning a juvenile, that when they turn 18, the debt gets attached to them and that there is no statute of limitations on it.
Long story to get to this.... I did not think it was legal or a minor to incur a debt. She would not provide me with a law/statute/whatever to verify what she said is true. I have asked that the debt be validated. Also, I'm wanting to find out if my son, now almost 19, can sue the school district and the principal for neglect or any other issues now that he is an adult, or has the statute for that run out? Its been hard to try to find this info and I'm usually pretty good at digging up stuff. They put him thru hell and caused us to also torture him. He has had to take sleeping pills since he was 12 years old just to sleep thru the night. This whole situation has been hard enough on the whole family, but entirely unfair to him, as he could not help that he was born this way.
Thank you for reading this far and any advice or opinions you can share.