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Special Education Law and Advocacy

Experienced Special Education Attorneys

Absences from School A Criticial Factor for Students with IEPs

A recent report from Chicago found that absences from school are one of the most critical factors for
success or failure for special education students, and concluded that ""once
we take into account the fact that students with disabilities
miss many more days of school, their course failures and grades are
similar to those of students without disabilities." [Download CCSRSpecialEdWMS-Final].

In my experience special education students are frequently
required to stay home under circumstances that other students would be expected
to come back to school. One of the most dreaded telephone calls in my house is
that from the overbearing school nurse at his high school (there are several
but one in particular has been problematic). On more than one occasion she has
sent my son home because “ he has a fever even though the thermometer indicated
no fever.” Or, on occasion she has stated “just give him an extra few days it
won’t do any harm.” I am sure that if my son is being barred from school at
even a hint of illness and being required to stay out additional days at her
“discretion” it must be occurring in other schools especially in systems like
Chicago Public Schools.

 It frequently appears to me that her concern is get him out
of school so she will not be called upon to address even the most mild
indications of illness making her life easier. Very little thought is given to
the time and work missed and the overall discontinuity in his learning.

Another situation that has arisen several times over the
last few years in my practice has been the student who is undergoing treatments
for cancer or other chronic conditions, which intermittently require the
student to miss many days or many parts of  days from school. Even in situations where the
number of absences is quite substantial and the medical issues are known and
documented, schools have been reluctant to undertake a case study to determine
if there is adverse impact from an “Other Health Impairment.” In light of this
report, frequent absences alone would be strong evidence of adverse impact on
school performance.

 The other situation has been the student with an IEP who
again is intermittently absent having an enormously hard time keeping up with
work, often without tutoring at home, and as result wears him/herself out bringing
on even more days out. The student is often available for learning but usually later in the day when the effects of treatment are not so intense. In these cases, I have argued successfully for a health
plan attached to the IEP with a triggering event. This language would read
something like: “ with a note from the doctor stating that the student is
experiencing intermittent symptoms or requiting treatment that prevents him/her
from going to school for more than 3 days, a tutor will then be provided to the
student for the duration of the absence and all work will be provided.
Deadlines and due dates will be modified and the quantity of work will be
modified [usually these terms are made more specific]. In the event that the
student intermittently is absent more that 'X' days in the aggregate home
tutoring will be provided and/or a meeting will be called to address his need
for additional supports.”

 The above language is not precise but is meant to give an
idea of how I have addressed the problem of intermittent absences for students
who already have an IEP. [Please do not take the above paragraph as legal advice for your situation]. As in many cases,  getting language along these lines will
require a cooperative school district and good advocacy skills. Far too many
districts tend to view frequent absences as a sign of volitional conduct or
even worse Munchausen-by-proxy
usually on the part of the mother. 
This syndrome is rare and quite serious, but is thrown around far too liberally at
meetings to put the parent (mother) on the defense.

 This report and its findings present important recommendations
to increase student performance, and address the critical impact that absences
can have on the outcomes for students with disabilities.

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