When School Refusal Becomes a Legal Battle Instead of Support

[Lisa Lightner]

Posting for a reader:

I just want my kid to go to school. We have a school refusal issue. She has an IEP and from my viewpoint. They’re not addressing the IEP because they’re not addressing the school attendance issue just finding me I asked them to go to truancy court and they find me $500. I currently have a warrant out because I refuse to pay it. I asked for their help all they did is add to the difficult situation. I’m already in

[Lisa Lightner]

It’s heartbreaking (and unf not uncommon) for parents to end up in this situation. When a child with an IEP refuses to attend school, the district’s response should never begin and end with truancy. Under IDEA, if a disability is impacting attendance, that’s a special education issue, not simply a discipline or compliance one.

Here’s what should be happening instead of fines and warrants:

1. The team should address the “why.” School refusal is almost always rooted in anxiety, mental health, sensory overload, or a lack of appropriate supports. The IEP team needs to determine why your child can’t attend, through evaluations, data, and input from mental health professionals.

2. Attendance concerns should trigger an IEP meeting, not truancy court. When a disability is preventing a student from accessing school, that’s a denial of FAPE. The district has an obligation to consider additional supports, placement changes, or even home/hospital instruction if necessary, not punitive action.

3. Document everything. Keep a written record of your requests for help, your communications about your child’s difficulties, and any documentation showing the disability connection to the attendance issue. This becomes crucial if you need to escalate your concerns.

4. Request an IEP meeting specifically to address “school refusal.” Ask for updated evaluations (including a functional behavioral assessment or mental health evaluation) and for the team to develop a return-to-school plan that includes gradual reintegration, counseling, and accommodations that make attendance more possible.

5. You’re not alone in this. Many parents have faced similar situations where districts turn a complex disability issue into a legal one. The key is reframing the problem: attendance isn’t defiance, it’s a symptom. And IDEA requires schools to address symptoms that interfere with learning.

[JSD24]

If the IEP isn't providing what your child needs, that's a great reason for school refusal.  (I guess you can't say that in truancy court.)

I'm in PA & they changed the rules a few years ago.  Schools need to hold an attendance improvement meeting BEFORE they can go to truancy court.  They need to contact the parent 3X about the meeting before it's held.  If the student has an IEP, they need to have the IEP team at the meeting so changes can be made if that's needed.  Can you ask for an IEP meeting for the purpose of discussing the reasons behind poor attendance?  Then the discussion could be about getting the right support at school so she's willing to go to school.

I'm sure it's more complicated than this.  (In some states, the truancy fine is how they get the parent's attention on getting the child to go to school.  If the child doesn't cooperate, they aren't going anywhere.)  I remember taking my child to the doctor so I could get a note so her absence could be excused - I had written for the max number of days that I could write.  She was stressed and refused to go.  Would a medical excuse make sense if this is ongoing?