$133,000 Settlement To Parents Of Autistic Child!

Daniel Asbury is 6 years old. Daniel also has autism, a severe neurological disorder. After two years of "special education" in the district's self-contained preschool program, Daniel made just two months of progress.

The stakes are high for autistic children and their parents. Without intensive early intervention and remediation, many of these children never learn to speak. Others are placed in institutions and group homes where they remain for life.

Daniel's parents, Michael and Kathryn Asbury, decided to do research into effective educational practices for autistic children. They learned about Applied Behavioral Analysis, often referred to as "Lovaas therapy" for the psychologist, Dr. Ivar Lovaas, who developed this educational program.

In one study of preschool children who received ABA therapy, nearly 50 percent of the children did not need additional special education. Many were in regular education classes. Another 40 percent of these children improved significantly, with IQs measured in the 70-80 range. Only 11 percent of the children derived little or no benefit from the program. Other studies have confirmed these positive outcomes.

Unfortunately, Daniel's school district, the Special School District of St. Louis County, did not offer ABA therapy.

According to testing by the district, after 11 months of ABA therapy, his communication skills improved by 46 months. Armed with the district's own testing, Daniel's parents asked the district to pay for their son's educational therapy. The district refused.

The parents requested a special education due process hearing. They asked for this as relief:

The parents issued this statement:

"We view this settlement as a clear indication that the Special School District's autism program was a complete failure for Daniel and that the (Applied Behavioral Analysis) method of instruction works.

"We strongly believe that other children are wasting their precious time in the SSD's outdated programs and vow to continue to fight for their right to appropriate services."

The school district formally denied any wrongdoing in Daniel's case.

The parents are represented by Mary Jane White, Esq. of Iowa and Kenneth Chackes, in Missouri. It is our understanding that, despite the settlement, the district has not agreed to provide information about ABA therapy to other parents of autistic children.

On June 12, Daniel's parents filed a federal lawsuit to require that information about ABA be made available to Missouri parents

We are looking into whether we can obtain a copy of the settlement agreement and the recent suit and post them on the website. We are also soliciting "The Inside Story" from the parents and their counsel, much like the information we have posted from Laura Whiteside, Esq., on the $600,000 jury verdict about the Whitehead case in Florida. Newsletter subscribers will receive alerts as the case unfolds.