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.