IEP denial based on attendance issues

[Ma Taylor II]

Can Special Education services be denied based on “lack of attendance” construed as “lack of instruction”? How much class time would a student need to miss in order to meet that “lack of instruction” definition? 

[Carolyn Rowlett]

Not if the child has a disability and needs specially designed instruction.  Excessive absences trigger the "Child Find" obligation under the IDEA no matter the circumstances of the child - wards of the state, homeless, etc. - which includes those missing school regularly.  Because the excessive absences may be attributed to a disability, the school district should try to determine the underlying cause.  An evaluation should be conducted and if the child is found eligible, s/he should receive special education services no matter how many absences are recorded.  There is an IDEA regulation (300.306(b)(1)) that lists "lack of appropriate instruction" as a reason to find a child ineligible.  However, this "lack of instructions" should not be interpreted by school districts to mean a lack of instruction due to the child's absences.  It is for situations in which a school is not providing sufficient instructions OVERALL and the reason the child is behind is due to this - not due to a disability.  A child with a disability and the need for specially designed instruction should receive special education services - without regard to absences.

[EmilyM]

I've seen cases where, in lack of other data, the excess absences made it difficult to see whether the academic difficulty was due to lack of instruction and academic exposure.

 

[Kendra mackenzie]

On 12/9/2022 at 1:04 PM, Carolyn Rowlett said:

Not if the child has a disability and needs specially designed instruction.  Excessive absences trigger the "Child Find" obligation under the IDEA no matter the circumstances of the child - wards of the state, homeless, etc. - which includes those missing school regularly.  Because the excessive absences may be attributed to a disability, the school district should try to determine the underlying cause.  An evaluation should be conducted and if the child is found eligible, s/he should receive special education services no matter how many absences are recorded.  There is an IDEA regulation (300.306(b)(1)) that lists "lack of appropriate instruction" as a reason to find a child ineligible.  However, this "lack of instructions" should not be interpreted by school districts to mean a lack of instruction due to the child's absences.  It is for situations in which a school is not providing sufficient instructions OVERALL and the reason the child is behind is due to this - not due to a disability.  A child with a disability and the need for specially designed instruction should receive special education services - without regard to absences.

I  would think this to there has to be a reason the excessive absent 

[Lisa Lightner]

Yes, this is one of the valid reasons to deny evaluations.

 

I have to head off to the dentist with the kids, but I think it's in here: https://sites.ed.gov/idea/statute-chapter-33/subchapter-ii/1414

 

[Backroads]

The best way around this is to show other evidence of disability affecting learning or demonstrate why the student isn't able to attend school.