Navigating School Law and Ensuring Medically Necessary Therapy: What Parents Need to Know

If you’re the parent of a child with autism or developmental differences, you’ve likely faced tough questions about how to balance school and therapy. As your child reaches school age, you may find yourself wondering:

It’s normal to feel uncertain, and you’re not alone. This article breaks down what the law says about medically necessary therapy and school attendance, so you can make informed decisions that support your child’s well-being both in and out of the classroom.

What Illinois Law Says About School Absences

According to Section 26-2a of the Illinois School Code, therapeutic appointments are considered a valid cause for absence from school:

“Valid cause” for absence shall be illness, including the mental or behavioral health of the student, attendance at a verified medical or therapeutic appointment, appointment with a victim services provider, observance of a religious holiday, death in the immediate family, attendance at a civic event, or family emergency and shall include such other situations beyond the control of the student, as determined by the board of education in each district, or such other circumstances which cause reasonable concern to the parent for the mental, emotional, or physical health or safety of the student.

The Illinois State Board of Education requires that the reasons above be included in a school’s absenteeism and truancy policy. A school or district may elect to include additional items in its definition of a valid cause for absence.

Do School Absences Matter?

As a parent, you may wonder why school absences matter, especially when they’re for valid reasons like illness or therapy. You might even think of Ferris Bueller’s Day Off, where skipping school is treated like a criminal offense! Luckily, the reality is far from that.

The true goal of attendance policies is to help students stay on track, both academically and socially, by identifying when extra support might be needed.

Here are a few terms to know regarding school attendance policies:

  • Absent – Not present at school for a half or full day; may be excused or unexcused
  • Truant – Absent without a valid reason for 1%–5% of school days
  • Chronically Truant – Absent without a valid reason for 5% or more of school days
  • Chronically Absent – Missed 10% or more of the school year, regardless of whether the absences are excused (e.g., due to illness, therapy, or medical care).

While the term chronically absent may sound alarming, it’s not necessarily a cause for concern. Illinois law requires schools to monitor it, even when all absences are excused. In most cases, schools will simply reach out to discuss ways to support your child. This could include academic help, scheduling adjustments, or evaluations for a 504 Plan or Individualized Education Plan (IEP) if one isn’t already in place.

Valid absences, such as therapy appointments, should not be counted towards truancy. 

When Schools Push Back on Therapy Absences

Unfortunately, it’s not uncommon for well-meaning school districts to be unaware of, or misinterpret, this aspect of the law. Under Illinois law, medically necessary therapy is a valid reason for absence and cannot be counted as truancy. This includes services such as Applied Behavior Analysis (ABA) Therapy, Occupational Therapy, Speech Therapy, Physical Therapy, Feeding Therapy, and Child Counseling.

Whether your child attends one or several therapies during the day, these absences are excused under Illinois law. We often hear from parents who feel stressed trying to squeeze every appointment (and activity) into the after-school hours. If it’s possible to schedule some sessions during the school day, not only are those absences excused, but they often come with the added benefit of more available time slots.

If your child’s school is pushing back on absences related to therapy, you may need to reference Section 26-2a of the Illinois School Code, which clearly outlines valid causes for student absences, including medically necessary treatment. In some cases, families have found it helpful to work with an educational advocate who is well-versed in Illinois law and the rights of students with disabilities.

How to Fit ABA Therapy Into a Child’s School Schedule

If your child is receiving Applied Behavior Analysis (ABA) therapy, you may be wondering how to balance school attendance with therapeutic support. There are plenty of flexible options to help meet your child’s individual needs. Here are a few common scheduling approaches:

  • 3 full days of school / 2 full days of ABA therapy
    (Some families also add ABA sessions in the afternoons on school days)
  • 2 full days of school / 2 full days of ABA / 1 day split between school and ABA
  • Half-day school / Half-day ABA, five days a week
  • Homeschool + ABA
    Illinois has minimal homeschooling requirements. While you’re not required to submit anything to the school district, it’s recommended to keep records in case your child returns to a traditional school setting.

It may be possible for the school to provide transportation to or from Westside for therapy, especially if door-to-door service is included in their IEP. 

For Younger Children: Deciding Between Preschool and ABA Therapy

If you have a preschool-aged child, you may be weighing the decision between enrolling them in a traditional preschool or continuing with full-day ABA therapy. There’s no one-size-fits-all answer. Every child’s needs and developmental stage are unique.

For families who feel their child may not yet be ready for a typical preschool environment, or who are already receiving ABA services, Westside’s ABA Group Programs can offer the best of both worlds.

Our IGNITE program is specifically designed for young learners working toward school readiness. It combines the structure of a preschool setting, focusing on academic and social development, with the individualized support of 1:1 ABA therapy. Each child’s goals are personalized and delivered by therapists who know them well, ensuring they build the skills and confidence needed to transition successfully into a school setting when the time is right.

Who Can Families Turn to for Support?

There are many free advocacy resources available across Illinois to support families of children with disabilities. These organizations can help you better understand your rights, prepare for IEP meetings, and even attend those meetings with you – either in person or virtually.

In most cases, working with a free advocate is enough to help parents communicate their child’s needs and secure the appropriate services. For more complex situations, families may also choose to hire a private educational advocate or attorney.

Free Advocacy and Support Resources in Illinois

  • Family Matters Parent Training & Information Center
    Offers educational support coaches and IEP guidance.
    Website | Ask a Coach
  • Family Resource Center on Disabilities (FRCD)
    Provides support, training, and advocacy for families in the Chicago area.
    Website
  • Equip for Equality
    The federally designated protection and advocacy organization for people with disabilities in Illinois.
    Website
  • RAMP (Serving Boone, DeKalb, Winnebago, and Stephenson Counties)
    Offers advocacy and independent living services.
    Website
  • The Arc of Illinois
    Provides information, resources, and advocacy for individuals with developmental disabilities.
    Website
  • Illinois State Board of Education (ISBE) – Advocacy Resource List
    Download PDF
  • Service, Inc. of Illinois
    Educational advocacy and assistance for families of children with disabilities.
    Website
  • Olmstead Rights – Illinois Disability Advocacy Directory
    Resource List

For questions specific to Westside Children’s Therapy services, we’re here to help. Whether you’re looking to schedule a caregiver planning meeting, learn more about our services, or simply need guidance on where to begin, our team is happy to support you.Contact us today to take the next step in your child’s therapy journey.