Transcript The Autism Treatment Toolbox: The Developmental

What Is An ABA Placement?
Seattle University School of Law
Administrative Law Judge Training
October 19, 2011
Kathryn Dobel, JD
Berkeley, California
DEFINITION

Applied Behavioral Analysis (“ABA)
placements are defined in case law
supported by research for evidence based
practice regarding programs, placements
and services for students on the Autism
Spectrum Disorder (“ASD”).
What Does The Case Law Say?
Ninth Circuit has determined that
30-40 hours of in-home ABA
programming and services is an
appropriate placement
Union School District,
15 F.3d 1519 (9th Circuit 1994)
This is the seminal case in California and the Ninth
Circuit for placement and services for students on the
ASD. The presenters were the attorney and the expert
witness for this case. It is the case that stands for the
requirement for written specific offers of placement and
services in the Ninth Circuit, later codified in the 1997
revisions to the IDEA. It is also the case that stands for
the appropriateness for an IEP of a 30-40 hour in-home
ABA program and services as the primary educational
placement for a preschool student with ASD.
District arguments in Union:
The Ninth Circuit turned down the District's
arguments that (1) the Clinic was not certified to
provide special education, but only to provide
“counseling” as a related service; and (2) it was
not appropriate to place a child only in a related
service when it was not in conjunction with
special education itself.
9th Circuit cited Florence County School
District Four v. Carter, 510 U.S. 7 (1993)
Carter Established the principal that the
appropriateness of a placement does not
depend on whether the institution satisfies the
state education standards. In Union the 9th
Circuit found that the issue was best addressed
under State law as California laws supplement
IDEA on matters of related services, which CA
terms Designated Instruction and Services.
In Joshua A 9th Circuit determines that the phrase
"current educational placement"
In
Joshua
A 9th
Circuit determines
phrase
means
"the
placement
described inthat
thethe
child's
most
recently
implemented
IEP"
"current
educational
placement"
means "the placement described in the child's
most recently implemented IEP"
For Joshua, the most recently implemented IEP
required the District to co-fund forty hours a week of
in-home educational services administered by
Therapeutic Pathways, a non public agency.
What does California Law Specify or
Require?
In California, “specific educational placement” is
defined as “that unique combination of facilities,
personnel, location or equipment necessary to
provide instructional services to an individual
with exceptional needs.” as specified in the IEP.
Cal Code of Regulations, Title 5 § 3042
CEC § 56361:
Continuum of Program Options
…includes but is not limited to Designated
Instruction and Services and instruction in the
home. It permits these options as stand alone
programs and services or in combination, but
does not require a special education class
placement in conjunction with the services.
Children between the Ages of 3 & 5:
CEC § 56440 (f)
permits alternative instructional settings at the
home and preschool settings.
CEC § 56441.1 (b)
As pre-school aged child approaches the
age to enter elementary school
environment, the child’s preparation shall
be geared toward a readiness for
kindergarten and later school success.
CEC § 56441.2
An early education program for children 3-5 years:
 focuses on the child and the family,
 and shall include both individually and small
group services
 to be available in a variety of typical age
appropriate environments for young children,


including the home,
and shall include opportunities for active parent
involvement.
CEC § 56441.3 (a)
Early education services may be provided to
individuals or small groups & shall include:
(1) Observing and monitoring the child’s behavior
and development in his or her environment;
(2) Presenting activities that are developmentally
appropriate for the preschool child and are
specially designed, based on the child’s
exceptional needs, to enhance the child’s
development…;
CEC § 56441.3 (a)
(continued)
(3) Interacting and consulting with family members, regular
preschool teachers, and other service providers, as
needed, to demonstrate developmentally appropriate
activities necessary to implement the child’s
individualized education program in the appropriate
setting pursuant to Section 56441.4 and necessary to
reinforce the expansion of his or her skills in order to
promote the child’s educational development. These
interactions and consultations may include family
involvement activities;
CEC § 56441.3 (a)
(continued)
(4) Assisting parents to seek and coordinate other services
in their community that may be provided to their child by
various agencies;
(5) Providing opportunities to young children to participate
in play and exploration activities, to develop selfesteem, and to develop pre-academic skills;
(6) Provide access to various developmentally appropriate
equipment and specialized materials;
CEC § 56441.3 (a)
(continued)
(7) provide related services as defined in Section
300.13 of Title 34 of the Code of Federal
Regulations, that include parent counseling and
training to help parents understand the special
needs of their children and their children’s
development, as that section read on May 1,
1987
CEC § 56441.4
settings for services includes
regular preschools, family day
care and home.
CEC § 56441.8
permits early education services
to be provided through public or
non public agencies or contract
with a hospital.
CEC § 56441.11 (b) (3)
refers to an eligible child as one who has needs that
cannot be met with modification of the regular
environment in the home or school, or both, without
ongoing monitoring or support as determined by an
individualized education program team pursuant to
Section 56431>
Discussion
What does the research say?
 What does the literature say?
 What do independent resources say?
 Why is early intensive intervention with
ABA programming important for a
meaningful benefit for students on the
ASD?

Cautions

Be wary of eclectic programs that assert that
they are science based;

Be wary of generic group based programs that
assert that they are the placements and ABA is
the related service thereto.

Be wary of one-size fits all programs and
services.