Since the COVID pandemic in 2020, the education world has been fundamentally altered. Ask any school administrator what they have noticed over the last four years, and they will certainly say the increase in chronic absenteeism and truancy. Reports indicate that is the case nationwide. The rise in chronic absenteeism has generated campaigns from both the Nebraska Department of Education and the South Dakota Department of Education to encourage regular attendance. Chronic absenteeism is a broad term but is generally defined as a student missing 10% or more of school days and includes all absences such as excused and unexcused. The impact of chronic absenteeism is long lasting for students and can contribute to high school dropout rates, juvenile delinquency, and declining grades. State laws already require schools to address absenteeism in a number of ways for all students. Additionally, students with disabilities have substantially higher rates of chronic absenteeism throughout all grade levels, and that is the focus of this post. Are there red flags that your school may be missing, and how should you respond as a district?
Red Flag #1 - Chronic absenteeism may indicate a child find obligation for the District under both the IDEA and Section 504. Multiple cases across the country have indicated that if a student has a large number of absences, the District may have reason to evaluate the student for a disability, especially if the absences are believed to be disability-based. How does a school know if the absences are related to a disability? That is a difficult question, but if the student has anxiety or depression, for example, the district should address child find obligations to determine if the disability is contributing to the absences.
Red Flag #2 - The student qualifies for special education, but the IEP does not address chronic absenteeism. If a District notices an increase in absenteeism for a student with a disability, the District should reconvene the student’s IEP team to address the absenteeism. If the District is not addressing the absenteeism, there may be a claim that the District denied the student FAPE. The team should consider interventions such as a behavior intervention plan, positive behavioral interventions and supports, or related services which may improve attendance such as transportation or counseling services. Even if your team determines that absences are entirely unrelated to a disability, you should still address the impact on the student’s current services and have the discussion with the parents.
Red Flag #3 - The student’s placement may need to be addressed in order to provide the student with FAPE. The IEP team should consider a student’s placement, especially if the chronic absenteeism is related to the student’s current placement. For example, if a student with severe anxiety and depression is engaging in school refusal because the classroom setting is anxiety-inducing and is no longer making educational progress, it may be necessary for the IEP team to consider changes to the structure of a student’s day or even an outside program to address the student’s mental health needs. Additionally, IEP teams should consider a comprehensive psychoeducational evaluation to assess mental health needs of a student when there is evidence to suggest an evaluation is needed.
Chronic absenteeism is a pervasive issue in both Nebraska and South Dakota, and state and federal departments of education are focusing on it. That usually goes hand-in-hand with an increase in that area from an enforcement and compliance perspective. As a school, you have obligations to respond to these students. We encourage you to work with your teams to spot red flags and address issues early and often. If you have any questions about special education or chronic absenteeism, please reach out to the KSB crew at ksb@ksbschoollaw.com or give us a call at 402-804-8000.