IEP and Absences on School Transfer

[Alinc88]

Hello! So my son (9yo) was diagnosed with adhd and severe anxiety. He does have an IEP but it doesn’t include absences. He’s missed 28 days and 10 early sign outs. Most have dr notes because they are for therapy and dr appointments. They are all excused. Here is the thing, his teacher isn’t happy with it and keeps complaining to the principal. He’s transferred to a different school in same district because he was bullied at his last school. Because of his absences they are threatening to move him back to his old school next year. I’m extremely worried. I’m in NC and I have tried to search for information on this and can’t find anything. Can they do this?

[Lisa Lightner]

First, I am embarrassed--but this post never sent a notification, I just found it "hidden" when I was trying to do something else.

[Lisa Lightner]

You’re right to be worried, and you’re also right to push back because what you’re describing raises both IEP and discrimination concerns.

A few key points:

• IEP coverage of absences. If your child’s medical and mental health needs require frequent appointments or cause him to miss school, that can and should be addressed in the IEP. For example, the team can add accommodations such as “excused absences for medical/therapy appointments will not be counted toward truancy” or “work will be provided in advance/alternative format when absences occur.”

• Placement decisions. Moving him back to his old school because of absences isn’t an IEP team decision, it sounds more like an administrative threat. Under IDEA, placement must be determined by the IEP team based on his needs (34 C.F.R. § 300.116), not as punishment for medical absences.

• Discrimination concerns. Since the absences are tied to documented disabilities (ADHD and anxiety) and medical treatment, punishing him for that could be a violation of Section 504 of the Rehabilitation Act, which prohibits disability discrimination in schools.

• North Carolina angle. NC has compulsory attendance laws, but excused absences for medical reasons are not supposed to trigger punitive measures. A school cannot override federal law (IDEA/504) with a local policy.

What you can do next:

1. Ask for an IEP meeting to discuss how absences impact his education and write in accommodations/supports around this.

2. Put your concerns in writing to the principal and district, document that these absences are medically necessary and excused, and that moving him would not be appropriate or supportive of FAPE.

3. If they keep pressing, you can escalate by filing a state complaint or a 504 complaint with the Office for Civil Rights.

You’re not overreacting....schools can’t use absences related to a disability as a reason to deny services or change placement. Getting it into the IEP is the best way to protect him moving forward.