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Can the School Deny Special Ed Services Because of Absences?

10/04/12
by Wrightslaw

I was told that if a child has excessive absenteeism, he cannot receive special education services.  The school is not allowed to evaluate a child who has not had adequate instruction due to absences?  What percentage of absences would deny special ed services?

Schools cannot refuse to evaluate a child who has frequent absences. This statement is incorrect.

“Excessive” absences trigger the school’s Child Find responsibilities under the IDEA.

  • The district needs to know why the student is absent.
  • The district needs to determine if the student has a permanent or temporary condition related to a disability that is causing absences.
  • The district should complete a comprehensive evaluation as part of the fact-finding process.

Child Find requires each state to devise a practical method to determine which children are receiving the needed special education services, and which children are not.

After identifying children who may need services, all necessary evaluations must be completed on these children, at no cost to parents.

Please read Excessive Absences Trigger Child Find Responsibilities here: http://www.wrightslaw.com/blog/?p=3131

The article explains why schools can’t refuse (or aren’t “allowed”) to evaluate a child who has frequent absences.

Learn more about the Child Find Mandate: What It Means for You

More about Identification & Child Find.

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6 Comments on "Can the School Deny Special Ed Services Because of Absences?"


Rosemarie
11/20/2012

Janice:

I understand, as a teacher myself, how frustrating that is. It sounds like either the mother was keeping the child out and/or not getting her medical attention. I am glad that absences must trigger an investigation in some places. It could be the mother was guilty of neglect for whatever reason. It could be that she was uneducated and didn’t have the means to get medical care for a sick child. I hated students being absent because it meant more work for me catching them up. And often the reason was parenting. Not getting kids up on time. But, sometimes there was another reason.

janice
10/18/2012

I am a special education teacher. I worked in a charter school. I had a student who had up to 100 days of absence a year. The mother jumped from school to school. When she received a letter stating the school district would bring her to court if she did not bring in a letter or provide a reason why her child was not in school, she would jump to another school. This happened over the course of several years and the child was in school no more than 1/3 to 1/2 of the school year. This went on over several years. I said that this was a case of excessive absences. She could not provide me with documentation from doctors that the child was ill. The school did not want to confront the mother but I did and she went crazy. I actually became fearful over the whole business.

Chuck
10/05/2012

The school’s response is likely based on their interpretation of section 300.306(b). “A child must not be determined to be a child w/ a disability..(1) If the determinant factor for that determination is– (i) Lack of appropriate instruction in reading ..(ii) Lack of appropriate instruction in math”. They are not seeing the difference between absences due to health problems & parents holding students out of school for homeschooling, or other reasons.