Recently, the Supreme Court unanimously ruled that Miguel Luna Perez, a deaf student enrolled in Sturgis, Michigan, public school since he was nine, can sue his school for failing to provide him with a personalized education. He asserts that their failure to provide his accommodations affected his ability to meet his long-term academic goals.
This ruling is significant for families touched by autism and ABA providers, like ABA Centers of Florida, because it may address the need for extra support in the classroom for neurodivergent students. Supportive accommodations may one day include ABA therapy in school. Sometimes a little additional support can make all the difference in helping a child on the spectrum thrive in a structured setting like school!
How Are a Neurodivergent Child’s Rights Protected in the Educational Setting?
The Individuals with Disabilities Education Act, or IDEA, legally requires a child’s school to provide an adequate public school education, even if accommodations are necessary. In this case, Perez required classroom aides to help translate instructional material into sign language. However, his assigned aides were often absent and only sometimes proficient in ASL. These absences and conflicts severely impacted his academic progress.
As detailed in the NPR story, “Because Perez received As and Bs on report cards, his parents thought he was on track to graduate. But toward the end of his last year in high school, they were informed he would not receive a diploma.” Shocked, his parents responded by filing a complaint. The district settled and will now pay for him to receive additional training at the Michigan School for the Deaf.
How Does This Ruling Help Autism Families?
This decision may produce additional lawsuits that offer autism families like ours more leverage to negotiate with public school systems for more personalized care. Besides more comprehensive education, in Perez’s case, he wants compensation for past damages, including emotional distress and loss of income.
The technical question before the Supreme Court was whether Perez could sue for these previous damages under an alternate statute, producing another case yielding compensation. Justice Neil Gorsuch established that he could. This ruling can change everything for families as they may navigate potential accommodations previously ignored or overlooked.
Why Do Many Schools Prohibit ABA Therapy in School?
Many parents are surprised to learn their child’s school prohibits adding an ABA provider to their classroom. Generally, private and public schools ban ABA therapists due to alleged safety, security, etiquette, and privacy concerns. However, none of these reasons are justified in prohibiting ABA therapy in school or dismissing it as a “nice-to-have” privilege.
Districts and school officials must recognize that Board Certified Behavior Analysts (BCBAs) and Registered Behavior Technicians (RBTs) pass government background checks, certification courses, supervision hours, and exams. Additionally, therapists from major ABA providers like ours undergo lengthy training processes to work with clients in various environments.
Is Prohibiting ABA Services in the Classroom Justified?
Suppose a school approves an ABA therapist to work within the classroom setting. In that case, the practitioner endures further credentialing processes, including verification, fingerprinting, and background checks. While privacy may be a concern, these professionals possess credentials and vetting that prepare them to perform appropriately within any setting. Additionally, ABA specialists always work hard to protect child confidentiality.
Regarding decorum concerns, ABA professionals do not engage in loud, invasive, or distracting interventions. ABA providers utilize ABA therapy in school to help students to stay on task, execute instructions, and model appropriate behavior. This additional support ensures the neurodivergent child has an optimal learning experience within their current school, leading to better academic outcomes for everyone.
Additionally, ABA professionals are often indistinguishable from other essential classroom aides, extinguishing privacy concerns. There is no justifiable reason to keep ABA out of the classroom, as it presents little distraction or disruption to classroom peers.
How Does Including an ABA Specialist in the Classroom Setting Support Educators?
The added support of an ABA provider devoted to supporting a single student ensures the other students receive adequate attention from the classroom teacher. Educators trying to manage the classroom flow without help to support students with specialized needs are already spread thin.
The decision to include 20-40 hours of ABA therapy in your child’s weekly regimen is something you should take seriously. Regarding formalized public education, ABA programs help children on the spectrum address complicated behaviors that can hinder learning through tailored approaches. These challenging behaviors, which can worsen without developmental care, often lead to labels like “bad kid” or “disruptive” and can be painfully disempowering.
ABA Centers Advocates for Students with Autism
The certified professionals at ABA Centers of Florida recognize that ABA therapy can profoundly impact students’ lives and ensure better school days. We’ve seen it first-hand. Our centers strive to provide access and care where clients need us most. We hope that may one day include a helpful RBT by your child’s side as they navigate their school day.
This critical ruling may significantly affect families touched by neurodiversity and the support they receive. ABA therapy helps a child with autism achieve all their goals, including academics. More now than ever, ABA Centers of Florida aims to be there every step of the way!
From the start, ABA Centers of Florida has had a mission to ensure students can complete their prescribed ABA treatment hours and flourish! This evidence-based therapy creates massive growth and developmental expansion opportunities, leading to better quality outcomes and increased participation. We stand by our amazing autism families fighting for adequate care and inclusivity for ALL.
For more information about ABA Centers of Florida paving the way to better learning experiences and more incident-free school days, call us at (772) 773-1975 or contact us here.