April 6, 2011
A West Shore School District family won an appeal overturning truancy charges against their special-needs son, who missed time while awaiting enrollment in cyber school. On March 30, York County Judge John S. Kennedy threw out the charges against Charlie and Marilyn Tocci.
They held their seventh-grade son, Chaz, out of school after a doctor said a bump or shove could threaten his life.Chaz, who has Tourette's syndrome, obsessive-compulsive disorder and attention deficit hyperactivity disorder, suffered a near-fatal blood clot in June and had a relapse in July.
He was in a special-education classroom with some students with emotional difficulties, so his parents felt the chances of being shoved or bumped were high.The Toccis said they notified the district Chaz would enroll in cyberschool.
REACTION Charlie Tocci said the family is relieved, though "we still believe the district's decision to charge us was callous and inexcusable." District spokesman Ryan Argot said the district was "disappointed" and said Chaz missed 21 days of instruction.