School refusal has been becoming increasingly prevalent in New York – one with not only academic consequences, but with legal consequences. When a child refuses to go to school, both the parents and the school district have legal responsibilities designed to ensure that the student attends school and receives the supports needed.

Here in New York, parents are responsible for ensuring that their child attends school until age 16 and sometimes 17. When a student has such stress and anxiety relating to school and refuses to attend, but the district does not know the full story, they often just see a student is not attending school. Sometimes school districts will view the situation as “educational neglect” and contact the authorities. Sometimes the district will mistakenly view the student as being “truant”.

If your child is refusing school and you are not getting the help they need, contact the Law Offices of Susan J. Deedy & Associates or call (516) 221-8133 to talk about your options.

What Is School Refusal?

School refusal describes a child who has difficulty attending school or remaining in school for a variety of reasons. There can be many reasons at the root of the refusal: anxiety, bullying, difficulty with academics, feeling misunderstood by teachers, lack of support services.

School refusal is not a diagnosis nor is it listed as a classification for eligibility for special education services. However, the underlying reason for the school refusal often is due to a situation that may warrant eligibility under the IDEA.

What Parents Are Legally Responsible For

Parents have clear legal obligations when it comes to their child's education. In New York, those include:

• Making Sure Your Child Attends School When Able — New York's compulsory education law requires children to attend school from age 6 until at least age 16, and some districts require attendance until 17. Parents are responsible for making sure their child attends when able.
• Notifying the School About Absences — Parents are generally expected to tell the school when their child is absent and why, following the district's attendance policy.
• Providing Documentation When Requested — If absences are related to a medical or mental health condition, the district may ask for documentation from a doctor or therapist.
• Giving Consent for Evaluations — A district cannot conduct an initial special education evaluation without the parent's written consent. Parents who believe their child’s school refusal is related to a lack of educational supports and services, will need to consent to evaluations.
• Participating in the Process — Parents have the right to take part in meetings about their child's education, including Committee on Special Education (CSE) and Section 504 meetings, and to share information about their child's needs. Parents are entitled to be “meaningful participants” and may bring along others who have information about the student (ie. therapist, tutors) to a CSE meeting.

Parents are not legally required to diagnose their child, design their child's supports, or provide their child's education on their own while the child is enrolled in school. Those responsibilities fall on the district.

What Can Happen if Absences Continue

Because the law requires that children attend school, parents are expected to prioritize their child’s attendance. Persistent absences can lead to:

• Attendance Interventions — Districts are required to have attendance policies, and many will contact parents, hold meetings, or refer students for support.
• Educational Neglect Reports — If a school believes a parent is not ensuring that their child attends school, as mandated reporters they may report suspected educational neglect to Child Protective Services.
• PINS Petitions — In some cases, a school may file a Person in Need of Supervision (PINS) petition in Family Court, although New York requires other measures to be taken first.

If your child is refusing to attend, you should notify the school district of the problem and the reason that you believe is the root of the problem. You should do what you can to actively get your child to attend school, communicate with the district, seek treatment, and ask for help.

What School Districts Are Legally Responsible For

School districts have a host of legal responsibilities under Federal and State law. In New York State, those include:

• Child Find — Under the Individuals with Disabilities Education Act (IDEA), districts must identify and evaluate students who may have a disability and need special education services. Ongoing school refusal tied to anxiety, depression, or another condition can be a reason for the district to evaluate a student.
• Evaluating the Student — Once a parent requests an evaluation and gives consent, or the district suspects a disability, the district must evaluate the student within the timelines set by New York regulations.
• Providing a Free Appropriate Public Education (FAPE) — If a student qualifies, the district must provide special education and related services through an Individualized Education Program (IEP). Students with school refusal may qualify under classifications such as emotional disability or other health impairment.
• Providing Section 504 Accommodations — Students who do not qualify for an IEP may still qualify for accommodations under Section 504 of the Rehabilitation Act if a condition substantially limits their ability to learn or attend school.
• Addressing Bullying and Harassment — Under New York's Dignity for All Students Act (DASA), districts must have policies to prevent and respond to harassment, bullying, and discrimination, including cyberbullying that affects the school environment. Each school must have a Dignity Act Coordinator, and the district must investigate reports and take steps to stop the behavior. For students with disabilities, bullying that interferes with their education can also raise questions about whether the district is providing FAPE.
• Following Its Attendance Policy — New York requires districts to have a comprehensive attendance policy that includes notifying parents and using intervention strategies to address absences.
• Providing Home or Hospital Instruction When Appropriate — When a student cannot attend school because of a physical, mental, or emotional illness, and there is appropriate substantiating documentation, New York school districts must provide home or hospital instruction for a set minimum number of hours each week.

The district's obligations do not end with marking a student absent. When a student's absences are connected to a disability, or a suspected disability, the district is responsible for taking further steps to ensure the student receives a free appropriate public education.

Where Parent and District Responsibilities Meet

School refusal is rarely solved by one side alone. Parents and districts each have a role:

In most cases, the best outcome comes from both sides working together on a return-to-school plan. When the district does not meet its obligations, parents have options.

What to Do if the District Is Not Meeting Its Obligations

If your child is missing school and the district is focusing only on attendance instead of support, a few steps can help:

• Report Bullying in Writing — If bullying or harassment is behind your child's refusal, report it in writing to the principal or the school's Dignity Act Coordinator, keep a copy, and ask what steps the school will take.
• Request an Evaluation in Writing — Put your request for a CSE evaluation in writing and keep a copy. A written request will trigger the timelines the district must follow.
• Ask About a 504 Plan — If your child may not qualify for an IEP, ask whether they qualify for accommodations under Section 504.
• Document Everything — Keep records of absences, emails, meetings, medical appointments, and your efforts to get your child to school.
• Request Home Instruction if Needed — If your child's doctor or therapist believes they cannot attend school, ask about home instruction and provide documentation.
• Ask for an Independent Educational Evaluation — If you disagree with the district's evaluation, you may have the right to request an independent evaluation at public expense.
• Consider an Impartial Hearing — If the district does not provide appropriate services, parents can file a due process complaint and request an impartial hearing, which may lead to services, compensatory education, or reimbursement for appropriate private services.

Every case is different, and the right next step depends upon who your child is and what your child needs.

How We Help Families With School Refusal

The Law Offices of Susan J. Deedy & Associates represent parents and students in Nassau, Suffolk, Westchester, and New York counties. We help families understand their rights, request evaluations, attend CSE meetings, negotiate with districts, and, when necessary, litigate at impartial hearings and higher courts. Learn more about our education law services.

Any parent whose child is struggling to attend school is encouraged to reach out, including parents who are just starting to see signs of school refusal. It is important to address school refusal as early as possible. Contact us or call (516) 221-8133 to discuss your child's individual situation.