IEP and Absences on a Transfer.

[Alinc88]

Hello! So my son (9yo) was diagnosed with adhd and severe anxiety. He does have an IEP but it doesn’t include absences. He’s missed 28 days and 10 early sign outs. Most have dr notes because they are for therapy and dr appointments. They are all excused. Here is the thing, his teacher isn’t happy with it and keeps complaining to the principal. He’s transferred to a different school in same district because he was bullied at his last school. Because of his absences they are threatening to move him back to his old school next year. I’m extremely worried. I’m in NC and I have tried to search for information on this and can’t find anything. Can they do this?

[Lisa Lightner]

Ugh, what a mess—and I’m so sorry you’re dealing with this. The short answer? No, they should not be threatening to move your son back to his old school because of absences related to his disability.

Here’s why:

1. This is a disability-related attendance issue
   Your son has ADHD and severe anxiety, both of which are documented disabilities. The absences are excused and tied to medical and therapeutic needs, which means this isn’t just a truancy issue—it’s a disability access issue.

2. Placement decisions must be based on the IEP—not attendance numbers
   IDEA requires that placement decisions (which include which school he attends) be made by the IEP team and based on the least restrictive environment for that student—not on whether a principal or teacher is frustrated with absences. They cannot unilaterally change his placement because it’s more convenient or “easier for them.”

3. This could be disability discrimination under Section 504
   If the school is penalizing your child because of disability-related absences, that can be seen as discrimination. Especially if the absences are backed by doctor’s notes and tied to therapy or health care.

4. You need to put this in writing—now
   Send a formal letter/email to the school (cc the principal, IEP case manager, and district special ed director) stating:

• The absences are due to documented disabilities and supported by medical notes

• You are requesting that the IEP be reviewed and amended to include accommodations for medical-related absences

• You want written confirmation that they are not moving him without an IEP team meeting and without your consent

And make it crystal clear: if they attempt to move him based on absences, you’ll consider it a procedural violation and possible 504/ADA discrimination.

Also—document the teacher’s complaints if you haven’t already. That kind of pressure can sometimes lead to retaliation, and it’s better to have a paper trail.

You’re doing exactly what you should: standing up and asking questions. Now it’s time to put it in writing and hold the district accountable. You’ve got this.