It seems simple enough: The Texas Education Code allows students with autism to have excused temporary absences for appointments like ABA, speech, and occupational therapy, provided they start or return to school on the same day. 

But we all know what happens in practice. 

For special education administrators and educators, managing these absences can quickly become a maze of compliance headaches, grade disputes, and, most critically, FAPE concerns. 

TEA guidance is clear on some points:  

• • The absences are “excused temporary absences.”
  • They count as a day of attendance for purposes of calculating average daily attendance.
  • Even though the absences are excused, the “90% rule” still applies.
  • The student must have a reasonable opportunity to make up missed schoolwork and cannot be penalized for the absence.
  • The obligation to provide a Free Appropriate Public Education (FAPE) is not changed.

Even so, when students miss significant amounts of school for these therapies, serious questions and challenges arise: 

• • FAPE: How exactly do we provide FAPE to a student who is not in school regularly? Should we lower goals? Shorten the school day?  How do we address this at an ARD? 
  • Scheduling: To what extent does that school need to adjust the student’s schedule to ensure access to general education classes, special education services, and related services?    
  • Grades, credit, and truancy: When a student consistently misses certain subjects or entire days, how should we assign grades? Can they receive credit? What if they cannot do makeup work independently? Do we use our truancy processes? 
  • Documentation: How do we document full day absences?  What should we put in the prior written notice (PWN)? What else needs to be documented?  

If you’ve wrestled with these issues—and worried about the legal exposure they create, we hear you. Please join us for a 90-minute webinar on January 21, 2026, as we discuss best practices for managing ABA and related therapy absences.  Attendees will also receive an FAQ document for future reference. Register here.  

Reach out to our Special Education Attorneys with any immediate or student-specific questions.