The IDEA requires that your school district provide your child with a free appropriate public education (FAPE). The IDEA also requires that your school district place your child in the least restrictive environment (LRE). Thus, if your child requires an in-home ABA program in order to benefit, both academically and nonacademically, your school district must provide an in-home ABA program. Remember, an in-home program is more restrictive than a school-based program. As such, one must compare the more restictive in-home ABA placemement to the offered school program and consider the relative academic benefits, non-academic benefits (social, emotional, etc.), the disruptive influance of your child to his own learning and that of others, and cost.
You can't demand a methodology directly, but you can make sure to request enough goals that it would be difficult for the school to adjust those in a typical school program. You can also request regular updates and data on an on-going basis. Many school districts now have ABA school based programs for children with autism. So make sure you find out details on what your district has to offer.
www.wrightslaw.com has good information on getting services for your child, advocating and case law on other parents who have taken districts to court for ABA programs.
Also www.insurancehelpforautism.com has some information on trying to get services from your insurance company. This website is based on California law but has some links for other states and resources. Good luck!
This is not legal advice and the within response does not create an attorney client relationship between this office/me and any other person or entity. Hans Gillinger Of Counsel Law Offices of Bonnie Z. Yates 13323 Washington Blvd., Suite 300 Los Angeles, CA 90066 tel: (310) 204-6624 fax: (310) 204-6624 Direct: (310) 279-5048 Email: email@example.com web: bonniezyates.com
You need to request an IEP.
DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Liewen Law is fully compliant with every State and Federal Law, including California SB 94 and the related Civil Code Sections, as well as the FTC Mortgage Assistance Relief Services (MARS) Final Rule. Liewen Law is a debt relief agency helping consumers file for bankruptcy relief under the United States Bankruptcy Code. Liewen Law maintains this website for marketing and informational purposes only. None of the information or materials on this site is legal advice. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. Said information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While we make every effort to keep this site accurate and up to date, we do not guarantee its accuracy and are not responsible for inaccuracies, errors, or omissions.
Not only do you need an IEP as was recommended, but you should also contact Disability Rights California. This agency provides advice and counsel and has excellent materials that can help the parents of children with profound disabilities learn what their rights are to provide their child with an appropriate education.
This is not a substitute for an education or disability rights attorney in your community.