GALLATIN, Tenn. – The Sixth Circuit ruled against parents asking the court to prevent a school district from charging them with truancy if they remove their autistic son from its school for a second time so that he can receive specialized care. The parents were convicted of truancy the first time they removed their child to the private therapy program, where their son showed signs of improvement. 

The court ruled that the “hypothetical threat” of future prosecution does not warrant a preliminary injunction.

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