Chronic Absenteeism

Iowa law requires children ages six to sixteen to attend some form of school. This can be public school, accredited nonpublic school, competent private instruction, or independent private instruction. For a student who is enrolled in kindergarten at age 5, compulsory attendance begins when they start school. For a student who is enrolled in pre-school at age 4, compulsory attendance begins when they start school.

A student is considered “chronically absent” when they have missed 10% of school days within a grading period. Grading periods are usually either semesters or trimesters. When a student reaches this point, the school must notify the student’s parent or guardian and the county attorney that the student is chronically absent.

A student who misses 10% to 20% of school days during a grading period may be required to participate in a school engagement meeting. This meeting should identify the causes of the student’s absences, barriers to their attendance, and interventions or services that may be useful to improve their attendance. An absenteeism prevention plan (APP) is created and agreed to by the school, student, and their parent or guardian.

A student is considered truant when they have missed 20% or more of school days within a grading period. A school district will make a referral to the county attorney to recommend charges be filed against a parent or guardian, unless they determine that the absences are not affecting the student’s academic progress. If a referral is made, the county attorney may decide whether to file charges against the parent or not, depending on the situation.

The number of absences a student has (the numerator, or “top” number in a fraction) will be divided by the number of days the student should have been in school (the denominator, or “bottom” number in a fraction). A student who has been absent for 10 days in a school period of 50 days will be absent 10/50 days or 20%.

There are several exceptions to compulsory attendance requirements. The days when one of these exceptions apply are not counted in the denominator when calculating the student’s percentage of absences. These exceptions are:

• The student is participating in military entrance or enlistment duties
• The student has completed graduation requirements
• The student is excused by a court or judge
• The student is attending religious services or instruction
• The student is absent due to legitimate medical reasons
• The student’s IEP or 504 plan affects their attendance
• The student is attending private college prep school
• The student is deaf/hard of hearing, blind, or is physically or mentally unable to attend school (subject to special certification requirements)
• The student is a member of a religious group that has been exempted from compulsory attendance
• The student is traveling to attend a wedding or funeral

The Iowa Department of Education issued guidance on how to interpret and apply the exceptions here. It states that when a school sends the child home due to illness at school, that is a legitimate medical reason. A legitimate medical reason may include mental or physical health. Not all legitimate medical reasons require a doctor’s note, and school should be mindful of the barriers parents and families face in accessing health care.

The Iowa Department of Education issued guidance on how to interpret and apply the exceptions here. An absence may be related to a student’s IEP or 504 Plan when there is a connection between the student’s absence and the IEP or 504 Plan. This may include things that are specifically written in the IEP or 504 Plan as part of the team’s decisions, such as:

• The student is attending third-party services related to the disability addressed in the IEP or 504 Plan
• The student is attending third-party services that are prescribed by their IEP or 504 Plan
• The IEP or 504 Plan notes that the student will be regularly absent due to appointments relating to their disability
• The IEP or 504 Plan includes strategies for dealing with frequent absences or reducing absences

Whether to apply one of these exceptions to a student’s absence is in the school’s discretion and should be evaluated on a case-by-case basis. If a parent or guardian disagrees with the school’s decision to apply or not apply one of these exceptions, they should attempt to resolve the issue with the school district first. This may include speaking to the school’s superintendent or school board. The school board is responsible for setting the attendance policies, so parents or guardians may want to advocate for a change in policy with the school board. A parent or guardian can ask for input from their child’s outside providers, such as doctors, therapists, or other service providers as to why an exception should be applied or if the absence is necessary. A parent or guardian may also request the AEA provide a mediator to problem solve with the school.

If a parent or guardian disagrees with the school on strategies and services that may address the student’s absenteeism, they can use dispute resolution options under IDEA and Section 504 such as state mediation, state complaints, or due process complaints.

A parent or guardian who refuses to enter into an APP, or who violates such plan, may be subject to charges by the county attorney. Only the parent or guardian are liable for violations of the APP – there is no language in the code subjecting the school district to liability for violation of the plan.

If you are charged with a violation of the compulsory attendance laws, DRI recommends you hire a criminal defense attorney or, if you cannot afford an attorney, ask the court to appoint one to you at no cost.

If a parent or guardian can show that they have made reasonable efforts to follow compulsory attendance laws but have not been successful at improving their child’s attendance, they may not be found liable for the child’s absences. In this case, the charges against them will be dismissed and no jail, fine, or community service will be ordered.

For parents or guardians who are found guilty of violating the compulsory attendance rules, the penalties may include:

• For the first offense: ten days in jail and/or $100 fine. Forty hours of community service may be ordered instead of jail or a fine
• For the second offense: 20 days in jail and/or a $500 fine. Community service may be ordered instead of jail or a fine
• For the third or subsequent offense: 30 days in jail and/or $1000 fine. Community service may be ordered instead of jail or a fine

If a student’s absences are due to their disability or they are impacting the student’s ability to receive a free and appropriate public education (FAPE), it may implicate IDEA and/or Section 504. For a student who has not been found eligible under the two laws, the student’s absences may trigger a school’s Child Find obligations and require them to evaluate whether the student needs to be evaluated. For students who have been found eligible, the absences may need to be addressed in the student’s IEP or 504 Plan, the team may suggest that a Functional Behavioral Analysis and/or Behavior Intervention Plan if necessary, or may suggest that the student needs to be re-evaluated to determine what supports are necessary to address the absences. A failure to address the student’s absences may be a denial of FAPE depending on the circumstances.

The IDEA and Section 504 also have procedural safeguards when a student is removed from school due to disciplinary actions. This may be a formal suspension, or the student’s parents may be called to pick them up early for the day (known as informal removal). If a student is removed from school for this reason, it should be documented as a suspension – it should not be documented as any of the exceptions listed above. This is because documenting a suspension as another absence makes it difficult to keep track of the number of days the student is removed due to disciplinary actions, which can be a barrier to parents or guardians exercising their due process rights.

Learn more about Restraint, Seclusion, and Shortened School Days here.

The APP is a separate document from a student’s IEP or 504 Plan and may be created without the entire IEP or 504 team present. However, a reasonable APP should consider a student’s disability and their IEP or 504 Plan to be effective at addressing the student’s attendance. The APP may be kept as an attachment to the student’s IEP or 504 Plan for easy access.

Because the entire IEP or 504 team may not be present, an APP should not contradict or make amendments to a student’s IEP or 504 plan. When the APP and IEP or 504 Plan conflict, the IEP or 504 Plan take precedence over the APP and the teams should meet to make the two plans align.

There are several strategies and best practices that may help families navigate compulsory attendance laws more effectively, such as:

• Document, document, document!
  • Make sure all communications regarding your child’s absences are in writing.
  • If you have a verbal conversation, follow up with the person you spoke with in an email or other written communication
  • Keep track of your student’s absences and the reasons for those absences including suspensions and informal removals.
• Address absenteeism early and often
  • If you believe absences may become a problem in the future, bring it up with the school as early as possible to find strategies to address
• Develop a system that the whole team uses to keep communications organized in one location
• Write into the IEP or 504 Plan:
  • Accommodations or modifications
  • Strategies or services
  • Documentation in the ‘parent concerns’ section if the school is unwilling to address it elsewhere in the IEP
  • Expectation that the student will be absent in certain circumstances, with schedule if possible
• Plan for how instruction and work will be made up while the student is absent
  • Who is responsible for gathering materials?
  • Are materials being picked up or sent home?
  • How are missed deadlines handled?
  • Will work be reduced to only absolutely necessary work?
• Get to the root cause of absences and eliminate them if possible!
  • Anxiety about a particular subject, class, person, location, etc?
  • Self-confidence, bullying or harassment?
  • Safety concerns or school-based trauma?
  • Incentives to go to school versus staying home?
  • Accessibility issues?

Hire a criminal defense attorney or ask the court to appoint you one as soon as possible

• *DRI does not handle criminal defense matters*

Tell your criminal defense attorney about:

• Your child’s disability and how it impacts their attendance
• Your child’s IEP or 504 Plan
• History of addressing/attempting to address truancy issues with the school.
• All outside services you have obtained or are attempting to obtain for your child

If your attorney is unfamiliar with special education law, have them reach out to DRI and we may be able to provide general information or technical assistance.

Truancy may be better addressed through the IEP or 504 Plan process and not in the criminal courts