San Antonio -- His parents say he was sick. But the school district says he was truant. Now it's taking the family of a disabled child to court.
8-year-old Austin Besterman has a lot of physical disabilities. Still, he loves drumming, singing, and going to school. Problem is, when he's sick those things aren't always possible.
News 4 WOAI Reporter Mireya Villarreal visited Austin Besterman on a good day. It was a healthy day free of headaches, nausea, and exhaustion. But it isn't always like that for Austin.
"I actually have three illnesses,” Austin explained. “Arnold-Chiari Malformation, Spina Bifida, and Hydrocephalus.”
They all take their toll on his little body.
"He has a hard time toileting. He has a hard time getting dressed,” his father, William Besterman, told us. “And he has to have his braces and crutches to walk."
This past year Austin had a major battle with his Hydrocephalus. The illness causes too much fluid to be produced in a person's head, affecting the brain. Austin missed 32 days of school this year because of it.
"When he had a headache we would keep him home so we could monitor him because if things started to get really bad, which is what we were told could happen. Then we would immediately take him to the emergency room," William Besterman said.
Austin was only excused for 20 of those 32 absences. The district considered the rest of the days as skipping.
"We've outreached to this family on multiple occasions. We met with them on February 27 and laid out a plan for them,” Pascual Gonzalez, Northside ISD spokesperson, pointed out. “Unfortunately they didn't follow through."
Austin's mom and dad were taken to court and charged with “parent contributing to non-attendance”.
"We had notes. Every time we had to keep him home for anything,” William told us. “Every time we took him to the doctor's office we provided notes."
"We do not have sufficient documentation from the parents or the doctor that indicates that this child has this health issue," Pascual Gonzalez refuted.
Justice of the Peace Stephen Walker handles truancy cases in town. While he's not the judge in Austin's case, he tells News 4 WOAI over the last year he's seen a rise in cases just like it; mentally and physically disabled students and their parents being taken to court.
"I don't want to see special needs kids falling through the cracks. They don't belong in the justice of the peace courts," Justice of the Peace Stephen Walker said.
Judge Walker is meeting with San Antonio Legal Aid lawyers to see how they can keep cases like this out of the courtroom. He's also contacting school district officials.
"I'm asking the school district's to fix it,” he told us. “You're not doing what's right for the child."
Northside's spokesperson also explained they have thousands of other mentally or physically disabled student's whose parents follow their attendance guidelines. And they don't often have problems like this.
Justice of the peace walker said while they have seen a rise in cases like Austin's, they don't typically have a problem with Northside ISD.
Austin is still being moved to the next grade. His absences won't hold him back. But his parents have pled not guilty to the charges. Their hearing is in September.
