Several Collin County parents of special-needs children say that some school districts have gone too far by filing truancy charges against them and their children.

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Tabitha (left) and Kyndall Perry's illnesses often keep them home from school. Frisco ISD filed charges.

The parents, who have children in the Farmersville, Frisco and McKinney school districts, say the charges followed repeated arguments with district officials about how the schools wouldn't, or couldn't, provide the educational services the parents believed the children needed. The parents say the districts filed the charges or threatened to pursue them to get parents to either withdraw their students or to squelch their grievances.

"They want to drive these kids out of school," said special-needs advocate Lolalee Livingston, who has assisted some of the parents. "They want these parents to remove their kids or send them to another school."

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Marion Baxter was summoned recently to testify in her daughter's truancy case brought by Farmersville ISD. Courtney Baxter, 13, suffers from Asperger's syndrome and is bipolar. 'They are bullies - that's what they are,' Marion Baxter said. A district official said every truancy incident is treated the same - regardless of whether the student has special needs.

The school districts declined to discuss the specific cases, but they denied using truancy charges to push out special-needs students.

"To suggest or imply that we would pursue filing truancy charges as a means of driving students and families out of the district is offensive," said Shana McKay-Wortham, the Frisco ISD's spokeswoman. "We do take extenuating circumstances into account, and we work very closely with our families to try to help with interventions prior to filing truancy."

State law permits school districts to file truancy charges against students and their parents when students are absent 10 or more times within six months, or three or more days within a four-week period. Truancy cases against all students in many districts are climbing.

Parents and disability advocates say that those charges should be reserved for dropouts, not children who suffer from serious disabilities that cause them to miss school.

Angela Charette said she believes money is the reason school districts file the charges.

Districts receive state funding based on student attendance, and districts receive additional state and federal money to educate special-needs children.

"They don't get paid if the child isn't in school that day," said Charette, who has an 11-year-old autistic daughter.

Last month, her daughter was suspended for three days from Staley Middle School in Frisco ISD for throwing a book. Charette's daughter was irritable and stressed the week she was supposed to return, so she kept her daughter home for a few days. She sent the school notes to excuse the absences.

Later that week, a school official gave Charette a letter indicating that Frisco would file truancy charges if her daughter stayed home. Charette didn't want to send her daughter back, but she couldn't afford to fight the truancy charges.

"We could spend tens of thousands of dollars and lose," Charette said. She said that money would be better spent on private school.

Early this school year, the Farmersville ISD decided that Courtney Baxter would learn better in a more relaxed and controlled environment. Courtney, 13, suffers from Asperger's syndrome and is bipolar.

So the district agreed to pay for a teacher to tutor her at home four hours every week. Courtney's mother, Marion Baxter, said she was surprised to learn that Farmersville ISD was alleging that Courtney had amassed 43 unexcused absences this school year. She says the family always rescheduled any missed days.

Last week, a Collin County court summoned Baxter to testify in her daughter's truancy case.

"They [Farmersville ISD] know they're thinking that if they push hard enough, we'll just pull her out and home school her," Baxter said. "They are bullies – that's what they are."

Farmersville ISD officials declined to talk specifically about Courtney's case. But Greg Jameson, the district's director of curriculum, said Farmersville handles every truancy incident the same – regardless of whether the student has special needs.

The overall number of truancy cases in Collin County has ballooned over the last few years.

In 2006, Farmersville ISD filed no truancy cases, according to the Texas Education Agency. Over the next two years, the district pursued 57 incidents. In Frisco ISD, the number of truancy convictions jumped from about eight in 2007 to about 42 last year.

Neither school districts nor the TEA keeps numbers of how many truancy cases involve special-needs students.

Frisco said the hike is a result of hiring a full-time truancy officer.

"We may have more filings, but we also have more students," said McKay-Wortham, the district's spokeswoman. "We are serious about keeping students in school."

Tabitha and Kyndall Perry are an example of how serious Frisco ISD takes absences, said their mom, Suesan Perry.

Last year, the district excused most of the sisters' absences because of illnesses. Tabitha suffered a brain injury five years ago, and recurring intense headaches can make sleeping almost impossible, Suesan Perry said. Kyndall has horrible vision and easily contracts eye infections.

Perry said Frisco schools stopped accepting all of her notes this year and filed truancy charges against the family. A Collin County justice of the peace found Perry and her daughters guilty and ordered them to counseling. Both daughters must take drug tests, as well, Perry said.

"My children didn't purposefully skip or ditch school. They were off on legitimate illnesses," she said. "But they are being treated worse than that of a drug offender."

Heidi Wanken said she spent weeks arguing with McKinney ISD officials about how to best educate and protect her daughter. Her daughter suffers from selective mutism. It's a rare childhood condition that causes Brooke to be unable to speak in some social situations.

The condition also makes her child an easy target for bullying, Wanken said.

Wanken said the district wouldn't adequately protect her daughter from bullying, so she kept her at home. McKinney ISD threatened truancy charges.

"We decided to withdraw her immediately and home school her rather than face truancy charges," said Wanken, who is selling her house and plans to move out of Texas. "It has had a devastating effect on all of us."