Big Win In NYC for Student with Autism - Funding for Private Therapeutic Program and 460 Hours of 1:1 ABA

     This week, our office had an important and significant win for a 6 year old boy with Autism. “J” was awarded funding for a private therapeutic educational program that provides individualized instruction to children, reimbursement for private evaluations, air-conditioned mini-bus, and a compensatory education award of 460 hours of 1:1 ABA services after-school and on weekends!
     J had been enrolled in the 1st grade at the New York City Department of Education Mickey Mantle School which failed to meet J’s needs. J was diagnosed with autism spectrum disorder (ASD) when he was 18 months old. He was also diagnosed with ADHD, Childhood Mood Disorder NOS, an Intellectual Disability, Learning Disorder, NOS with severe agitation, aggression coping and compliance difficulties and has “possible at-risk psychotic behaviors.”
     The private program, testified at the hearing that it could provide J with an appropriate therapeutic education. The program is a therapeutic educational program that provides individualized instruction to children and a Board Certified Behavior Analyst (BCBA) is on site. The school also has a psychologist on staff, an art therapist, 3 speech and language pathologists, 3 occupational therapists, a contract physical therapist, and a licensed social worker. The school has 6 behavior therapists trained in ABA.
     Dr. Carol Fiorile, a Ph.D level BCBA was the expert witness who observed J in his public program and testified at the hearing in support of the parent’s request for 1:1 ABA. Dr. Fiorile’s testimony persuaded the hearing officer to award 460 1:1 ABA hours to make up for what J should have had during the school year but the DOE failed to provide.
     We had a great team who supported J and his mother and we are thrilled that J now will finally get the educational program he needs!
     Please contact me if you or someone you knows would benefit from our representation - 212-401-1959 or Tracey@SpencerWalshLaw.com.