When Children Refuse to Come to School

LEGAL BRIEF

A middle school student is earning fairly good grades but has poor attendance. As she enters high school, her irregular attendance begins to impact her performance. The parents urge that crippling anxiety is keeping their daughter at home and ask she be evaluated for special education. School personnel feel the student is able, but simply unwilling, to attend school.

A comprehensive evaluation ultimately is completed, but none of the testing adequately delves into whether the student’s nonattendance is tied to an emotional disturbance. When the school district refuses to classify, the parents file suit.

An administrative law judge concludes the child is emotionally unable to attend school and finds her eligible for special education services under the category of Emotional Regulation Impairment, directing her placement in a therapeutic private day school at public expense.