MACOMB COUNTY, Mich (WXYZ) - Sixteen days off so far this school year - made up of some 10 minute tardy's, and sick days have added up to possible jail time for the mother of an autistic 9-year-old boy.
Should the mom be held accountable for her son's tardies? Answer our POLL to the left.
"If they need to reprimand me or he needs to make it up in summer school or something that's fine, but jail time is not the answer," says 27-year-old single mother Andria Black. Andria claims her son's affliction affects the time she is able to get him to school in the morning.
"Some days he will just shut down on me and not want to go," Andria says.
After 3 years of trying to work something out, Fitzgerald school district has turned Andria's case over to the Macomb Country Intermediate School District, where the truancy officer is prosecuting her on charges that could lead to 90 days in jail and lead her son to foster care.
"There has been an ongoing situation with this mother and at some point when things don't change it has to go to court, our number one priority is educating kids," said M.I.S.D Deputy Superintendent Don Bollinger.
Thursday morning, Andria and her attorney Deano Ware asked for a jury trial. Ware also wants the case to focus on the number of absences for this school year and not on the absences from the past three years. He says it's too difficult for Andria to recall why her son was absent or late on a particular day a few years ago.
Both sides are expected back in court on February 16th. So far, no trial date has been set.