US Decisions Rendered regarding Funding for Intensive Behavioral Treatment

 

Against Departments of Health

 

• Parents vs. New York State Department of Health

            -The court order reimbursement for IEI (Behaviour Modification Therapy)

 

•  Parents vs. New York State Department of Health, New York City Department of Mental Health, Mental Retardation and Alcoholism Services

            -The court ordered reimbursement for incurred expenses of  IEI Lovaas or ABA therapy)

 

•  New York State Department of Health (on behalf of child "EM") vs, New York City Department of Mental Health, Mental Retardation and Alcoholism Services, City of New York                      -The court ordered reimbursement for incurred cost of IEI (Applied Behavioural Analysis)

 

•  Malkentzos (on behalf of child "MM") vs. New York City Department of Mental Health, Mental Retardation and Alcoholism Services, New York State Dept. of Health

            -The court ordered reimbursement for incurred cost of IEI (Applied Behavioural Analysis)

            -The court ordered provision of 40 hours per week of IEI  (Applied Behavioural Analysis)

 

 

Against Departments of Education or School Districts

 

Note:  The large number of decisions against school boards is due to a powerful law which is called the Individuals with Disabilities Education Act (IDEA).  The guarantees all children the right to an "appropriate education in the least restrictive environment."   

 

• Parents vs. Pitt County School Board

            -The court ordered reimbursement for costs incurred from diagnosis to point of

      implementation of appropriate education by board, ($29,403.06)

 

• Parents vs. Connecticut School Board

            -The court ordered reimbursement for cost of in-home IEI (Lovaas) therapy program

            -The court ordered employment of Consultant to assist in continuation of Lovaas therapy             within the home

           

• Mary Jane W. Vs. Allamakee Community School District

            -The court ordered the school district to provide instructive service and integration opportunities                 in addition to 1:1 therapy

 

• Parents vs. Multnomah Education Services District, Columbia Regional Programs, Portland School District, Oregon Department of Education

            -The court ordered reimbursement of in-home IEI therapy for 40 hours per week

 

• Parents Vs. Inland Reg. Cnt, San Bernardino Cnty Superintendent of Schools

            -The court ordered funding for 40 hours per week of IEI

            - The court ordered reimbursement for costs incurred, including; materials, transportation and                        meals and lodging for tutors

 

• Parents vs. High Bridge Board of Education

            -The court ordered reimbursement for in-home IEI (Lovaas) therapy

            -The court ordered continuation of funding of in-home IEI (Lovaas) therapy

 

• Parents vs. Capistrano Unified School District

            - The court ordered reimbursement for cost of in-home IEI (Lovaas) therapy

            -The court ordered the school district to provide 25 hours per week of 1:1 IEI (Lovaas)                   therapy throughout school year

 

• Parents vs. Independent School District No. 318

            -The court ordered reimbursement for costs of in-home IEI (Lovaas) therapy

            -The court ordered the introduction of IEI (Lovaas) therapy into school

 

•Parents vs. Watertown Public Schools

            -The court ordered the public schools to fund program with both behavioural and in-home             components with 6-8 other students

           

• Parents vs. Columbia Regional Programs and Portland School District

            -The court ordered the school district to fund in-home IEI (Lovaas) therapy for 40 hours per             week

            -The court ordered reimbursement for independent evaluation and continued programming

 

• Parents vs. Cobb County School System

            -The court ordered reimbursement for in-home IEI (Lovaas)  

 

• Parents vs. Frederick County Public Schools

            -The court ordered reimbursement for summer speech and language therapy

            -The court ordered the county to fund implementation of in-home IEI (Lovaas) therapy 

            -The court ordered the county to pay for transportation costs for therapy and assessments

 

• Parents vs. Mill Valley Elementary School District

            -The court ordered reimbursement for speech and language therapy when school out

            -The court ordered the school district to fund participation in integration play therapy group

            -The court ordered the school district to pay for transportation costs for therapy and assessments

 

• Parents vs. Broward County School Board

            -The court ordered reimbursement for in-home (Lovaas) therapy

            -The court ordered reimbursement for attorney fees

 

• Parents vs. Delaware County

            -The court ordered reimbursement for all past IEI (Lovaas) expenses

            -The court ordered the county to fund training for IEI (Lovaas) for additional year

            -The court ordered reimbursement for attorney fees

 

• Parents vs. Voorhees

            -The court ordered the district to fund all costs of in-home IEI therapy (includes experts,                        aides, materials and transportation)

 

• Parents vs. East Hanover

            -The court ordered the district to fund costs of in-home counselling and parent training

            -Fund all necessary 1:1 therapy (full-time program)