Gifted Issues Discussion homepage Forums Twice Exceptional IEP accomodations for "excessive" absences

My ds suffers from migraines. He misses 20-25 days of school a year because of migraines (well, he may miss 1-2 of those days for other things like strep throat). In elementary school, a child may be retained if he/she misses more than 30 days of school. In high school, he may not get credit for a semester-long class where he misses more than 15 days of school or a year-long AP class where he misses more than 18 days. Any of those rules can be appealed; however, there's no appeal until the credit is denied originally.

I asked to have an accomodation added to ds's IEP that would allow missed days without penalty, and I was told that missed days are not an IEP issue but an attendance issue. The principal said it cannot be included in his IEP. I can find info on the internet that seems to support my side, but it's not from reliable (that I can tell) sources. Is the school right? Can you help me find reliable information to prove them wrong?

How about a medical note that excuses him as long as he does the work later?

This is a little off point, but before we changed schools one of the ways we survived elementary school was absences. One year my DD had 62 absences and added a lot of travel to her passport and a silver medal in an international competition. The teacher accommodated the absences even though the principal stated that the teachers were not allowed to give make-up work for absences.

Surely it's a medical issue and they shouldn't be able to do that? If it was for any different medical condition, surely they would make allowances?

Does your son have a 504 plan? My son has a chronic medical condition that made him miss a lot of school before I started homeschooling him. His 504 included provisions for excessive absences. I don't know if the rules are the same everywhere, but it might be worth checking out.

Since he is on an IEP, he should have provisions and services for the time he misses due to a medical condition. Additionally, all kids on an IEP plan are covered by section 504.

Here are some links that may help:
http://www.childrenwithdiabetes.com/d_0q_600.htm (this is from a diabetes website, but the issue is the same - medical disability that results in excessive absences)

http://www.acor.org/ped-onc/cfissues/backtoschool/iep.html (this is from a website about kids with cancer, but again the same issue)

Additionally, you should call an IEP meeting and include the following as an accommodation:
(CHILD) shall not be penalized for absences required for medical appointments and/or for illness. The parent will provide documentation from the treating health care professional if otherwise required by school policy.

If the school will not include this in the IEP, I would reject the IEP, and begin the legal process. In my state this could include a facilitated IEP meeting, mediation or onto the hearing process which usually requires a lawyer. But, the law is clear - if the absences are due to the medical condition/learning disability, the school must accommodate him. At the least this means not penalizing for the absence and it could even mean extended school year to make up missed work.

An IEP can be written because a student is medically required to miss alot or be out for extended periods. If your child is on IEP for other reason is should be added. Tell then you want a home tutor for his extended absences and they may change tune, it cost a fortune and is pain to arrange.

Special Education has a Policies and Procudures Manual. It has a Medical Form for the doctor to fill out for the school. The doctor documents health issues, medication, and can request school nurse document any medication give Also the doctor can notify the school of any medical needs, like pain medication for migraines. This Medical form is required in IEP to address medical or health issues. Catagory is Other Health Impaired. You can get a free copy of the Policys and Procudures Manual by calling your State Department Of Education and requesting they mail you one. P & P will also have all information related to IEP catagories and all the forms used for IEP's.

If you are unable to resolve the problem. You can call your State Department of Education and notify them of the problems you're having, ask for them to mail you the Complaint Form and put difficulties at your school in writting. School Distric will have to correct the problem.

It is written into my son's IEP that he has a medical condition that may cause excessive absences. When he has been hospitalized in the past and had to miss school, the makeup work was coordinated through the health office, not the special ed office and required a note from his doctor verifying the need to miss school.

Perhaps what they are saying is that makeup work needs to be coordinated through attendance and not special ed? If they're making it difficult for him to make up the work altogether, I'd definitely pursue this until I had something in writing protecting my child.