The Disproportionate Impact of Truancy on Depressed Youth in Arkansas Public Schools
By: Katelynn Carroll
Disclaimer: The views expressed in this post are those of the author and do not necessarily reflect the views of the Journal, the William H. Bowen School of Law, or UA Little Rock.
Truancy disproportionately impacts children with undiagnosed depression due to involuntary behavior brought on by the disorder. These students are typically physically unable or are extremely reluctant to attend school. When these symptoms remain undiagnosed, and the school is unaware of the underlying condition, this may be interpreted as willful misconduct. This leads to truancy. The consequences of truancy can extend beyond the student, creating emotional stress and financial strain, especially if juvenile courts become involved. However, proactive communication between parents and school districts can alleviate these burdens. When a parent suspects that a child’s attendance issues may be linked to a disability, the parent should promptly notify the school district to initiate evaluation and support processes. Under federal law all public-school districts are required to assess children for a suspected disability at no cost to the parent. 20 U.S.C. § 1412(a)(3).
Truancy refers to a child’s excess of unexcused absences from their school. Travis Peeler, Education Law: Truancy, Legal Match, (Apr. 18, 2023), https://www.legalmatch.com/law-library/article/education-law-truancy.html?naf=1. Arkansas allows school districts the discretion to chose the amount of unexcused absences a student may have before being considered truant. ACA § 6-18-209(a) (2024). A school district will initiate a formal disciplinary process called a truancy referral should a child exceed the maximum number of unexcused absences. See generally, AR Dept. Ed. SPED & Related Services 4.00 (July 2010). Consequences of a truancy referral range from the revocation of driving privileges to the filing of a Family In Need of Services (FINS) petition. AR Code § 6-18-222(5)(A) (2024); AR Code § 6-18-222(6)(A)(i) (2024); Pulaski County Juvenile Circuit Court, Pulaski Cnty, (March 27, 2026), https://www.pulaskicounty.net/juvenile-court. Filing a FINS petition may result in court mandated programs, fines for parents, or contempt of court charges for the child. Id.
However, such consequences fail to account for underlying mental health conditions that may be driving a child’s behavior, such as depression. Depression is one of many mood disorders, including bipolar I and II. Sekhon, Sandeep & Gupta, Vikas, Mood Disorder, StatPearls Publ’g, (Jan. 2026), https://pubmed.ncbi.nlm.nih.gov/32644337/. Mood disorders are characterized by severe disturbances in mood, ranging from extreme highs to severe lows, and can significantly impair daily functioning. Id. Children with depression experience difficulty concentrating, lack of energy, and may feel overwhelmed with simple tasks that can last for weeks at a time. Id. Thus, affecting a student’s ability to function in a classroom environment without appropriate accommodations.
Studies show mood disorders can be biological, environmental, or both. Major Depression in Children, Child.’s Hosp. of Phila, (Dec., 29, 2025), https://www.chop.edu/conditions-diseases/major-depression-children#:~:text=Many%20factors%2C%20including%20genetics%20and,at%20risk%20of%20developing%20depression. Children are more likely to develop depression from environmental stressors such as abuse, neglect, discrimination, and significant peer conflict. Id. With 22% of children affected, Arkansas ranks seventh highest in the percentage of children
experiencing two or more adverse childhood experiences (ACEs), including abuse or neglect. Location, Arkansas, The Annie E. Casey Found. Kids Data Count Data Ctr., (April 2025), https://datacenter.aecf.org/data/tables/9709-children-who-have-experienced-two-or-more-adverse-experiences?loc=5&loct=2#ranking/2/any/true/2043/any/18962. When children remain undiagnosed, their behavior is frequently misinterpreted, behavior resulting in harsher disciplinary measures. Olivia Gardner, An Update on School Disciplinary Practices In Arkansas, Ark. Advoc. for Child. & Families, (Feb. 28, 2024, at 9:05 CT), https://www.aradvocates.org/an-update-on-school-disciplinary-practices-in-arkansas/; See Debra Fulghum Bruce PhD., Childhood Depression, WebMD Depression Guide, https://www.webmd.com/depression/childhood-depression. Schools often discipline students for conduct like disruption or defiance, yet these behaviors are symptoms of depression, rather than willful misconduct. Understanding Truancy: The Link Between School Avoidance and Mental Health, Inspira Health, (Feb. 11, 2025), https://www.inspirahealthnetwork.org/news/healthy-living/understanding-truancy-link-between-school-avoidance-and-mental-health#:~:text=%E2%80%9CSchool%20avoidance%20is%20when%20a,lead%20to%20significant%20emotional%20distress.
Consequently, academic performance suffers—marked by incomplete work and poor test scores—leaving the child behind. How Anxiety & Depression Affect Children’s Behavior & School Performance, Sw. Child.’s Clinic LLC., (Aug. 01, 2025), https://www.swcclinic.com/blog/1351519-how-anxiety-and-depression-affect-childrens-behavior-and-school-performance/. Discouraged and fatigued, the child may begin to avoid school entirely. Kate Finning, The Association Between Anxiety & Poor School Attendance, Assoc. for Child and Adolescent Mental Health, (Jan. 13, 2026), https://www.acamh.org/research-digest/the-association-between-anxiety-and-poor-school-attendance/. Furthermore, these mood disorders can impair peer relationships and lead to social challenges like bullying, creating a cycle of stress that further fuels social avoidance. Id.
Consequently, children with depression resist attending school, which risks truancy, resulting in fines or court involvement. Court interference can cause emotional strain within the family, exacerbating a child’s distress and producing further withdrawal into the home. Daniel Levi, Inside Truancy Court: A Parent’s Wake-Up Call, Sch. Advoc. All., (March 14, 2026), https://schoolavoidance.org/inside-truancy-court-a-parents-wake-up-call/.
However, families can access free assessments by contacting their school principal, teacher or the district’s director of special education. For children aged three to five, families may seek services through Childhood Special Education programs. Even if the child is not yet enrolled in a school district, the local school district remains the primary point of contact for evaluation and services.
Additionally, excessive disability-related absences may trigger a free Section 504 evaluation to ensure a student receives Free Appropriate Public Education (FAPE). Section 504 Quick facts: Student Attendance & Policy Exceptions, Equity Assistance Ctr., (March 14, 2026), https://dese.ade.arkansas.gov/Files/Section_504_Quick_Sheet.Attendance_Infographic.FINAL_Legal.pdf. Section 504 of the Rehabilitation Act prohibits discrimination by federally funded entities, requiring them to provide a FAPE to qualified individuals with a disability. 29 U.S.C. §794; 34 CFR § 300.101.
School districts must investigate suspected disabilities by considering all pertinent factors at no additional cost to the parent. Section 504 Quick facts: Student Attendance & Policy Exceptions, Equity Assistance Ctr., (March 14, 2026), https://dese.ade.arkansas.gov/Files/Section_504_Quick_Sheet.Attendance_Infographic.FINAL_Legal.pdf. Should the school find the student is a qualified individual with a disability, public schools have the obligation to create an Individualized Education Plan (IEP) to prevent school avoidance while still providing a quality education. Id.
Truancy laws aim to improve attendance through parental involvement, but they often unfairly penalize students with undiagnosed disabilities, including depression. In Arkansas, a high number of children are at risk of depression, which frequently leads to unexcused absences. When a school is unaware of a student’s condition, these absences are often misidentified as behavioral issues rather than symptoms of a disability. This lack of diagnosis prevents students from accessing accommodation that could protect them from truancy consequences. Schools and families must take proactive steps to identify and evaluate potential disabilities early, ensuring students receive the support and protections necessary to remain engaged in their education.