Dec 29, 2024

School Denial of ABA Therapy for Students in Indiana:

 School Denial of ABA Therapy for Students in Indiana

Key Considerations

When a school denies a parent's request for Applied Behavior Analysis (ABA) therapy for their child, it's crucial to determine if the school followed proper procedures under Indiana Article 7.

Key Procedural Requirements:

  • Written Notice: The school must provide parents with written notice explaining:
    • The school's refusal to provide ABA therapy.
    • Reasons for the refusal.
    • Evaluation procedures used to support the decision.
    • Other options considered and why they were rejected.
    • Other relevant factors.
    • Information on parent rights and how to access them under Article 7.
    • Resources for understanding Article 7.

Potential Violations of Parent Rights under Article 7:

  • Parent Participation: Schools must include parents in all decisions regarding their child's education, including the provision of FAPE.
  • Predetermination: Schools cannot make decisions about a student's IEP before the IEP meeting.
  • Appropriate Supports and Related Services: Schools are obligated to provide necessary special education and related services, including ABA if deemed appropriate.
  • Free Appropriate Public Education (FAPE): All students with disabilities are entitled to FAPE. Denial of necessary services like ABA could constitute a denial of FAPE.

Disclaimer: This information is for general guidance only and does not constitute legal advice. Parents should consult with an education attorney or advocate for specific legal advice regarding their child's situation.

Dec 15, 2024

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