Can a child with an IEP be sent to court for truancy?

Yes, students with disabilities, including students with an IEP, are sometimes referred to court for truancy.

But, before a child with an IEP (or a 504 plan) is referred to court for truancy, the school should have scheduled a team meeting to try to understand and address the absences.

If a truancy court hearing is scheduled for a child with an IEP, the court must ask the district what efforts it has made to help the student get to school.

If you end up in court, or at a Community Engagement Board, you can share your questions, concerns and ideas about why your child has missed school and what might help to improve attendance. For more information and ideas on working with IEP teams to address problems, including absences, call OEO at 1-866-297-2597, or check out our Parent's Guide on Protecting the Educational Rights of Students with Disabilities.