I'm looking for advice in the state of Kansas. Let me give you some details.....
	 
	-Child was enrolled in public school in Kansas
	-In Pre-K family was promised that his new school could handle his behaviors and elopements.
	-Now in Kindergarten (young 5 yr old currently)
	-The first semester he had over 300 elopements plus big behaviors.
	-Had multiple IEP meetings to try to meet his needs.
	-Family wants him in behavior school, but the school district does not agree.
	-School district proposed the SER program.
	-Family toured 2 buildings
	-Huge safety concerns due to elopement and was express to school team 
	-Could not agree on placement so went to mediation
	-Mediation was truly a waste of time
	-Family sent an email yesterday stating they are withdrawing him from school to full time ABA (the school does not know this and the family does not want the school to know). 
	-The family received the attached letter today.
	 
	
		This letter is a follow-up from the information you shared with .......Public School  
		staff on 1/15/25, stating you have made the unilateral decision not to have your child 
		attend school. Currently, our records show that ........has not attended school since 
		12/20/24. 
		Since ........has been identified as a child with a disability who is eligible for special 
		education and related services through an IEP, the ........Public School district is ready, 
		willing, and able to provide special education services as described in ..........IEP. 
		Kansas compulsory attendance statute, K.S.A. 72-3421, states that it is the parent’s duty 
		to require all students with disabilities to attend school to receive the special education 
		and related services that are included on their IEP, or to provide for those services 
		privately. Home schools must be registered with the Kansas State Department of 
		Education. 
		According to the Kansas State Department of Education, “If the school district is aware 
		that an eligible child is not receiving needed special education and related services due to 
		the parents’ refusal to provide or accept the needed services, the school must determine if 
		it is necessary to report the child as a child in need of care as a result of truancy to the 
		Kansas Department of Children and Families (DCF), if the child is under age 13, and to the 
		District or County Attorney if the child is between the ages of 13-18.” Kansas Special 
		Education Process Handbook, Ch. 5, p.109. 
		It is the preference of the district to work directly with you to collaboratively resolve this 
		situation. There are several options available to do this:
	 
	
		1. Enroll your student in the ..........School District and make your child available to 
		receive the special education services on their IEP or partially enroll your
	 
	
		student and make your child available to receive the special education services 
		on their IEP. 
		2. Notify us that your child is enrolled in another school district and receiving 
		services on their IEP. 
		3. Provide us with a letter stating that you are providing special education services 
		and general education privately through a home school registered with the 
		Kansas State Department of Education. 
		4. Provide us with a written revocation of the consent you previously provided for 
		special education and related services. (Please contact me if you wish to revoke 
		consent for services and I will the revocation documents to you.) 
		Any of the above four options will meet the Kansas legal requirements. If you have 
		questions, please contact me at .......Our primary concern is making sure that 
		.........receives the educational services required and we greatly appreciate your 
		cooperation. 
		Additionally, if, at any time, you would like to hold an IEP team meeting, please contact me 
		at........ As a resident of the ....... School district, we want you to be aware that 
		we stand ready, willing, and able to provide special education and related services to 
		......, as required in his IEP.
	 
	 
	My questions/concerns:
	1. Can they actually call DCF since he is only 5 years old and it's not required to attend kindergarten until 7?
	2. Any advice to move forward? 
	3. I feel as if the school is retaliating against them.
	 
	I would appreciate all your thoughts on this and how I can advise them to move forward.