In E.S v. Manhattan Ogden Unified School District No. 383, a federal trial court in Kansas recently ordered a school district to allow two students with autism to receive privately funded Applied Behavior Analysis (ABA) therapy in their classrooms while a lawsuit challenging the district’s policy moves forward. The court found the students were likely to succeed on their claims that the district’s blanket ban on in-class ABA therapy denied them meaningful access to their education under the ADA and Section 504 of the Rehabilitation Act of 1973.
The students had previously received ABA therapy in their classrooms during the prior school year. Teachers and administrators reported that the therapists’ presence was helpful, did not interfere with instruction, and helped the students make significant gains in communication, social skills, focus, and behavior. The district later adopted a policy prohibiting ABA therapy in classrooms district-wide, citing concerns about liability, supervision of outside providers, and administrative burdens.
After the policy took effect, the students submitted accommodation requests under the ADA and Section 504 supported by medical documentation explaining that ABA therapy was necessary in the school setting. The district denied the requests and didn’t engage with the families to explore accommodations. As a result, one student enrolled in a private school and the other was homeschooled so they could continue receiving ABA therapy while the students, through their parents, filed this lawsuit.
This decision highlights the tension that can arise between district-wide operational policies and individualized disability based accommodation requests. Schools evaluating similar requests should carefully consider each student’s specific needs and whether a requested accommodation is necessary to provide a student with meaningful access to educational programs and services.
E.S. emphasizes the key importance of close coordination with legal counsel in addressing exceptions to board policies. Contact any of our student/special education practice group attorneys with your inquiries.
