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| Helping Our Children |
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| Funding Sources for ABA Treatment |
 Local School District
Special education programs in California are governed by a combination of state and federal laws. Under these laws, school districts must provide each student with a free appropriate public education ("FAPE"). FAPE requires that special education and related services be provided at public expense and without charge, meet appropriate standards, include preschool through secondary education, and conform to an Individual Education Program ("IEP"). Special education instruction can include classroom instruction, home instruction, instruction in other settings, and instruction in physical education. Related services are support services a student requires in order to benefit from his special education program. Education for children with disabilities includes independent living skills, not just academics. Therefore, a broad range of related services may be required, including, speech-language therapy, physical and occupational therapy, therapeutic recreation, psychological services, instructions in the home, adapted physical education, parent counseling and training, and interpreting services. Here are some key terms in special education law which parents ought to know:
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- Appropriateness
The term "FAPE" has been litigated extensively since IDEA (the federal special education law that is now the Individuals with Disabilities Education Improvement Act (IDEA 2004))was enacted. The issue always is what constitute "appropriate" for that child. In Board of Education v. Rowley, 458 U.S. 176 (1982), the U.S. Supreme Court declared that under federal law an "appropriate" educational program and placement is designed to meet a student's unique needs, it provides services to the to the disabled student sufficient for her to obtain "educational benefit", and it is provided in conformity with the student's IEP. In addition, the program must be provided to the maximum extent appropriate in the least restrictive environment. It does not entitle the student to the "best" possible educational program or a "potential maximizing" education. The courts are constantly exploring the determination of what is "educational benefit." In California, educational benefit is measured by whether the child is making progress toward achieving the central goals of the IEP. In addition to making progress toward one's IEP goals, an appropriate education is also one in which a special education student is involved in and making progress in the general curriculum of the school district.
Keep in mind the purpose of IDEA as spelled out in Section 1400(d) of the Act: The purpose of special education is to prepare children with disabilities for further education, employment, and independent living. Your job is to argue that the intensive ABA program is the most appropriate education for your child with autism in compliance with IDEA.
- Least Restrictive Environment
Special education must be provided in the least restrictive environment, which means that to the maximum extent appropriate, all students with disabilities should be educated with students who are not disabled. Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. However, this does not mean that all students will attend regular education classes or attend school at regular education campuses. Depending on the student's individual needs, as documented by the IEP team, the child may receive educational programming in a self-contained classroom, or at a special school, nonpublic school or residential facility. This underscores the importance of IEP in your child's treatment plan.
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