TRUANCY ROAD MAP

The new truancy law may create some confusion with families. Click here to download a 3 page document that outlines the new law. The new truancy law requires schools to excuse students for medical appointments and therapy sessions.

What is the difference between chronic absenteeism and truancy?

While chronic absenteeism measures total absences, including excused and unexcused, truancy measures only unexcused absences. The number of unexcused absences it takes for a student to be considered a "truant" differs by state. Truancy can be a red flag trigger for the Child Find obligations under both the IDEA and Section 504.

Factors that may contribute to truancy:

Chronic illness
Caused by the disability
Bullying
Anxiety/fear/phobia
Emotional Disturbance

What schools should do:

Recognize promptly when there is an issue
Reconvene the IEP team if the student's absence is affecting their ability to learn and/or access services provided in the IEP.
Continue to monitor the situation.
Failure to take these steps may result in a denial of FAPE.

Steps that school staff can do:

If related to physical or mental illness, the school nurse and principal can have a conference call with the treating doctor.
Create a Student Absent Improvement Plan (SAPE)
IEP Meeting to address concerns and revise goals/supports
Re-evaluation or independent evaluation. Caveat: most evaluation reports won't pick up anxiety which may be the reason why a child is truant. Independent Evaluations can include this info. If possible, have the child fill out the rating scales so anxiety can be included as part of the evaluation.
Does the child need an FBA or Behavior Support Plan?
Create a climate of "not us against them" with parents. Help the parents access services to support them so the child isn't truant. Don't have too many people in the IEP meeting and put the parent in a defensive position of being out numbered. Include a teacher or staff member who has a good relationship with the parent(s).
Assign child with a peer buddy, kids feel isolated when they come back after a long time away. Don't pick the best kid in class. Choose someone the child seems to be compatible with.
What accommodations need to be in place to help the child feel supported. Set up for success.
Parent input is critical to share what works. Parents are not obligated to share all information but you can ask.
Home-bound tutoring
Go to the guidance counselor if they are overwhelmed and need to take a break.
Create coping mechanisms in the IEP.
Develop attendance plans.

Did you know there is a School Attendance Improvement Program with the IU20?

The goal of this program is to improve school attendance and thereby reduce the number of days students are absent from school. Secondary goals are to reduce the number of truancy-related referrals to county offices and to reduce the amount of time school districts expend on truancy-related issues. Using a blend of prevention and intervention, the School Attendance Improvement Program provides case management, collaboration with the school district, and coordination of services with both community providers and the District Judges.

Contact Information

Ron Prator, Ph.D., LPC, BCBA

Supervisor of Clinical Services & Quality Assurance

6 Danforth Drive

Easton, PA 18045

(610) 515-6473

Email: rprator@ciu20.org

Website: https://www.ciu20.org/apps/pages/index.jsp?uREC_ID=1737859&type=d&pREC_ID=1836695

MDJ should be a Last Resort! Hearing officers don't look favorably with schools who file for truancy without taking meaningful steps to address or understand what's going on. They want to see schools trying creatively to find a solution. Schools can file when they aren't able to get the parents on board despite many efforts.

Example: Downingtown Area School District, 113 LRP 34703 (SEA PA 08/11/13)

When you need an attorney:

Erin D. Gilsbach, Esq.

Executive Dir

Ed Law Interactive

Email:erin@ed.lawinteractive.com

Website: https://www.edlawinteractive.com/

Batchis Nestle & Reimann LLC

Leah Batchis
Where: 116 Bala Avenue, Bala Cynwyd, PA 19004
Call: 215-550-1760

Website: http://specialedlawgroup.com/

Facebook: https://www.facebook.com/SpecialEdLawGroup/

Frankel & Kershenbaum, LLC
Where: 1230 County Line Road, Bryn Mawr, PA 19010
Call: 610-922-4200

King, Spry, Herman, Freund, and Faul, Inc.

Contact: Erin Gilsbach, Esq.

Call: 610.332.0390 ext: 247

Email: egilsbach@kingspry.com

Website: https://kingspry.com/

Murphy & Murphy, P.C.

Angela J. Uliana Murphy

Where: 106 North Franklin Street, Suite 2, PO Box 97, Pen Argyl, PA 18072

Call: 610-863-8502

Website: http://www.murphy2.com/Attorneys/Angela-J-Uliana-murphy.shtml

TRUANCY ROAD MAP

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The new truancy law may create some confusion with families. Click here to download a 3 page document that outlines the new law. The new truancy law requires schools to excuse students for medical appointments and therapy sessions.

​

What is the difference between chronic absenteeism and truancy?

​

​Factors that may contribute to truancy:

Chronic illness

Caused by the disability

Bullying

Anxiety/fear/phobia

Emotional Disturbance

​​

What schools should do:

Recognize promptly when there is an issue

Reconvene the IEP team if the student's absence is affecting their ability to learn and/or access services provided in the IEP.

Continue to monitor the situation.

Failure to take these steps may result in a denial of FAPE.

​

Steps that school staff can do:

If related to physical or mental illness, the school nurse and principal can have a conference call with the treating doctor.

Create a Student Absent Improvement Plan (SAPE)

IEP Meeting to address concerns and revise goals/supports

Re-evaluation or independent evaluation. Caveat: most evaluation reports won't pick up anxiety which may be the reason why a child is truant. Independent Evaluations can include this info. If possible, have the child fill out the rating scales so anxiety can be included as part of the evaluation.

Does the child need an FBA or Behavior Support Plan?

Assign child with a peer buddy, kids feel isolated when they come back after a long time away. Don't pick the best kid in class. Choose someone the child seems to be compatible with.

What accommodations need to be in place to help the child feel supported. Set up for success.

Parent input is critical to share what works. Parents are not obligated to share all information but you can ask.

Home-bound tutoring

Go to the guidance counselor if they are overwhelmed and need to take a break.

Create coping mechanisms in the IEP.

Develop attendance plans.

​