What you should know about truancy

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Parents of children in special education should understand several key aspects about truancy—which refers to unexcused absences from school—and how it intersects with special education laws and protections. Here's what parents need to know:

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1.Recognize factors that may contribute to truancy:

• Chronic illness

• Caused by the disability

• Bullying

• Anxiety/fear/phobia

• Emotional Disturbance

2. Truancy Laws Still Apply to Students with Disabilities

• Students in special education are not exempt from state compulsory attendance laws.

• If a student accumulates too many unexcused absences, they may still be considered truant under state law, regardless of disability.

3. Chronic Absenteeism May Signal Unmet Needs

• Frequent absences may indicate that a child’s Individualized Education Program (IEP) is not meeting or Behavioral Plan their needs.

• Parents should request an IEP team meeting if they notice a pattern of school refusal or absences related to the child’s disability (e.g., anxiety, sensory issues, bullying, transportation problems).

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4. IEP Teams Must Address Attendance Issues

• If the truancy is related to the child’s disability, the IEP team should:

  • Conduct a Functional Behavioral Assessment (FBA) if behavior is a concern.

  • Implement a Behavior Intervention Plan (BIP).

  • Adjust supports/services (e.g., counseling, schedule modifications, homebound instruction, transportation).

  • Consider social-emotional supports or mental health services.                                                         

5. Discipline for Truancy Must Follow IDEA Protections

• Schools cannot use truancy as a reason to remove or punish a child without following special education disciplinary procedures under the Individuals with Disabilities Education Act (IDEA).

• If a student is removed from school for more than 10 cumulative days, a Manifestation Determination Review (MDR) must be conducted to assess whether the behavior was related to the disability.

6. Parents Have Rights

• Parents can:

  • Request evaluations if they suspect emotional or behavioral issues are affecting attendance.

  • File a complaint if the school fails to provide a Free Appropriate Public Education (FAPE) due to chronic absenteeism.

  • Work with an advocate or attorney if the school initiates truancy proceedings without addressing disability-related causes.

7. Communication Is Key

• Keep detailed records of:

  • Absences (and reasons why).

  • Doctor’s notes or therapy appointments.

  • Emails and communications with the school.

• Notify the school if absences are disability-related, and request accommodations.

Final Tip:

If truancy becomes a legal issue, parents should consult with a special education advocate or attorney to ensure their child’s rights are protected.

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If the school environment is so overwhelming, perhaps look into other school alternatives.