When the Law Punishes Care: Absences, Illness, and the Autistic Child

Published: May 13, 2025

This week, I found myself caught in a moral tug-of-war—between protecting my daughter’s health and complying with state attendance laws. My daughter is autistic and non-verbal, so even minor signs of illness require extra attention. Over the weekend, she wasn’t her usual self. No fever, but lower energy, mild congestion, and general discomfort that she couldn’t communicate verbally.

Out of caution, I took her to the doctor Monday morning. The diagnosis: influenza. The doctor said she was okay to return to school—no fever, stable vitals, and no medical reason to isolate her. So, I sent her to class that day.

Not long after, her teacher reached out. Several students in the class were reportedly sick, and parents were being asked to keep their children home if they showed any signs of illness. The teacher specifically noted my daughter was coughing and had visibly red eyes. Despite the clean bill of health earlier that morning, she was still clearly symptomatic.

Here's where things get complicated. Arizona law states that more than 10 unexcused absences in a school year can result in truancy charges against parents (Arizona Revised Statutes § 15-802). When you're raising a neurodivergent child—especially one who can't tell you exactly how she feels—you often make decisions based on instinct, behavior, and pattern changes, not just thermometers.

So what’s the responsible choice? Keep her home another day to fully recover and risk a strike against our attendance record? Or follow the letter of the law, send her to school, and potentially put others at risk?

We need better policies—ones that understand that health isn't always black and white, and that parenting a child with disabilities requires judgment calls that shouldn't be punished by the state. Arizona’s one-size-fits-all approach puts parents in a no-win situation. Doing the right thing shouldn't carry legal risk.

If we truly want to support families, especially those with special needs, we need compassion baked into our laws—not penalties for proactive care.

References

– Common Joe