Your child refuses to go to school.

Maybe it started gradually — stomachaches on Sunday evenings, resistance on Monday mornings, a pattern of absences that slowly became the norm. Maybe it happened more suddenly, after a difficult experience or a long stretch away from school. Either way, you are watching your child struggle with something that the people around you don't fully understand, and the school district's response hasn't been what you hoped for.

School refusal is a serious problem affecting many children and families on Long Island and throughout New York. While the causes of school refusal vary, for many children, it is a symptom of an underlying disability — anxiety, depression, a learning disorder, or another condition that has made school feel genuinely unsafe or impossible — and when that's the case, the school district has specific legal obligations to address it.

The Law Offices of Susan J. Deedy & Associates represents families throughout Long Island and New York City when districts fail to meet those obligations.

If your child has been unable to attend school and you are not getting meaningful responses from the district, call (516) 221-8133 or reach out through the contact page to discuss your situation.

What Makes School Refusal a Legal Issue

School refusal becomes a legal issue when it is connected to a disability that the district has either failed to identify or failed to appropriately address. Federal law under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act both impose obligations on school districts when a child's disability is affecting their ability to access education — and chronic inability to attend school is one of the clearest possible signals that educational access has broken down.

Districts do not always respond to school refusal as the legal and educational problem it is. Some treat it as a family issue. Some acknowledge that the child is struggling without taking meaningful steps to change what the school is offering. Some continue to move forward with inadequate programming while the child falls further behind. When any of these situations is occurring, parents have legal options — and the Law Offices of Susan J. Deedy & Associates can help you exercise them.

How School Refusal Connects to Your Child's Legal Rights

The legal framework that applies to a school refusal situation depends on how your child is classified and what is driving the refusal. Several different legal pathways may be relevant to your family's circumstances.

For Students with an IEP

If your child already has an Individualized Education Program, the district is required to revisit that IEP when circumstances change significantly — and a child who has developed school refusal is experiencing a significant change. A CSE meeting can and should be convened to assess whether the current IEP is adequately addressing the factors driving the refusal.

The revised IEP may need to include stronger behavioral supports, increased counseling services, a Functional Behavioral Assessment to identify what is driving the avoidance, a Behavior Intervention Plan, or a reconsideration of placement. In some cases, the placement itself is contributing to the problem — a child who is placed in an inappropriate program may develop school refusal as a predictable response to an environment that isn't working for them.

If the district is not responding to a request to reconvene the CSE, is proposing changes that don't genuinely address the situation, or is defending an inadequate placement rather than considering alternatives, legal representation can change the dynamic significantly.

For Students with a 504 Plan

A child covered under a 504 Plan is entitled to accommodations that address the specific barriers to attendance and participation. When school refusal develops, those accommodations may need to include a structured re-entry plan, modified scheduling during the transition back, a designated support person in the building, or other targeted adjustments that the current plan doesn't provide.

If the existing 504 accommodations are not addressing the severity of what your child is experiencing, or if the district is not implementing the plan as written, those are issues that warrant legal attention.

For Students with Not Identified as Eligible for an IEP or 504 Plan

Some of the most difficult school refusal situations involve children who have never been evaluated or classified — children whose underlying disabilities contributed to a school refusal pattern before anyone identified what was driving it.

If your child is experiencing school refusal and you believe that it is connected to a disability, even anxiety, you have the right to request an evaluation from your school district. In New York State, the school district is required to complete the evaluation within 60 calendar days from receiving your written consent. At the CSE meeting, the district will determine whether your child meets the eligibility requirements for an IEP. There are times when a district will determine the student’s anxiety to be a “home issue” that is not adversely impacting the student’s educational performance. You have the right to disagree with this position and you have the right to request an Independent Educational Evaluation at no cost to you.

Submitting that evaluation request in writing is a critical first step — it starts the clock on the district's obligation to act.

What the District Is Required to Do

When a child's school refusal is connected to a disability, the district's obligations under IDEA and Section 504 are specific and enforceable. The Law Offices of Susan J. Deedy & Associates helps parents hold districts to those obligations, which include:

• Convening the CSE promptly when a significant change in a child's circumstances warrants an IEP revision — not waiting until the next annual review.
• Providing appropriate related services, including counseling, when mental health conditions are affecting the child's ability to attend and participate.
• Conducting a Functional Behavioral Assessment and developing a Behavior Intervention Plan when behavioral factors are driving the refusal.
• Offering homebound instruction when a child is temporarily unable to attend school due to a documented medical or mental health condition, to prevent a complete interruption in educational services.
• Reconsidering placement when the current program is contributing to the refusal rather than addressing it — including consideration of specialized schools when the public program cannot meet the child's needs.
• Completing a requested evaluation within the legally required timeframe when a parent requests an assessment.

When these obligations are not being met, parents have the right to challenge the district through mediation, due process hearings, and if necessary, appeals to the New York State Review Office or federal court.

Disciplinary and Legal Proceedings Related to Attendance

School refusal can sometimes lead to disciplinary or legal proceedings — truancy proceedings, referrals to child protective services, or Superintendent's Hearings — that place additional pressure on families who are already struggling. When a child has a disability, the existence of that disability must be considered before any disciplinary action proceeds.

For children with IEPs, a Manifestation Determination Review may be required to determine whether the attendance-related behavior is a manifestation of the disability. The Law Offices of Susan J. Deedy & Associates represents students in these proceedings and in any related disciplinary matters, working to protect the child's rights and ensure the disability is properly accounted for before any penalties are imposed.

Why Call an Attorney?

If your child has been unable to attend school and the district's response has been inadequate, insufficient, or nonexistent, that situation is worth discussing with an attorney. Early involvement often prevents disputes from escalating to the point where litigation becomes necessary — and when litigation is necessary, earlier involvement produces better outcomes.

The Law Offices of Susan J. Deedy & Associates serves families throughout Long Island — including all of Nassau County and Suffolk County — as well as throughout New York City and Westchester County. Call (516) 221-8133 or reach out through the contact page to schedule a consultation and discuss your child's situation.