ABA Case Law and Due Process Determinations
The District will provide a Board Certified Behavior Analyst or a Licensed Behavior Analyst ("BCBA/LBA") to serve as a member of Student's IEP Team and support Student's special education as follows: (i) assist in interpreting evaluations and special education service needs, (ii) assist in providing ABA, as described and defined in Paragraph B.3., above, (iii) observe and collect behavioral data, (iv) provide consultation and training to District staff regarding the provision of Student's school~based ABA services, (v) collaborate with Student's private BCBA/LBA on a weekly basis at a mutually agreeable time, and (vi) supervise the services provided to Student by the District-provided RBAI/RBT pursuant to the requirements of OAR Chapter 824. The District will provide a BCBA/LBA to serve in the capacity described in this paragraph for as long as Student's IBP Team determines that doing so is necessary for Student to receive a FAPE, or for the entirety of the 2018-2019 school year, whichever is longer.
DOE violated the IDEA by failing to specify Applied Behavioral Analysis as a methodology in the IEP
Should a parent/guardian request that an outside agency be permitted to provide ABA services during the
school day, the IEP team needs to convene to determine whether the student needs ABA services to receive
FAPE based upon collected data from the student’s IEP team. The team should consider how to provide
those services within the district. If the team decides that the services are necessary but the LEA or SOP is
unable to provide the services, it can then determine if an outside agency will be contracted.
Student Doe’s parents will not be in violation of Rhode Island’s compulsory attendance law for their child’s absence from school for 24 of the 30-hour school week so that she can receive medically-necessary Applied Behavioral Analysis (ABA) therapy according to a schedule that gives her the energy and stamina necessary to benefit from such therapy. In developing an IEP based upon Doe’s significantly shortened school week, her IEP team will provide her with a free appropriate public education when it develops a program of general education, special education and related services that is reasonably calculated to enable her to make progress toward her goals in light of her circumstances at this time. The IEP team must convene quarterly to determine if Doe’s school week may be increased to provide for additional educational services, without compromising her receipt of medically-necessary ABA therapy.
Legally Defensible Programming for Students With Autism - Charles L. Weatherly, The Weatherly Law Firm, LLP Monica J. Conrad, Church, Church, Hittle & Antrim
The predetermination of the August 23, 2011 IEP team that Petitioner would not be
allowed to leave school one hour early to attend therapy at the  Center was a procedural violation
of the IDEA. The parents of Petitioner are entitled to reimbursement of the cost of their son’s
attendance at the  Center for the period of August 23, 2011 to January 31, 2012. The parents are
also entitled to reimbursement of the mileage to transport Petitioner to and from the  Center in
the amount typically reimbursed by the Madison City Board of Education to its employees. 34
CFR §300.34(a)(related services includes transportation).
The District’s staff implementing Student’s Applied Behavior Analysis
(ABA) program had insufficient training and experience to address Student’s deficits as a
child with autism; The IEP failed to provide an educational program with a sufficient
amount of ABA therapy, and therefore the program was not scientifically based and was not,
to the extent practicable, based upon peer-reviewed research.