Wrightslaw l No Child Left Behind l IDEA 2004 l Fetaweb l Yellow Pages for Kids l Harbor House Law Press
 Home > News> > Autism > 4th Circuit Issues Pro-Child Decision in ABA Lovaas Case (March 25, 2003)


The Special Ed Advocate
It's Unique ... and Free!

Enter your email address below:

 

2014 - 2015 Training Programs

Oct 23 - Wilton, CT

Oct 25 - Olympia, WA

Oct 30 - Phoenix, AZ

Nov 6 - McAllen, TX

Nov 18 - DesMoines, IA

Nov 21 - Temecula, CA

Dec 4 - OKC, OK

Full Schedule

Be a Hero ...

 Jason at Ft. Benning
... to a Hero
Learn more

Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Consultations
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Books & DVDs
Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Bulk Discounts
New! Military Discounts
Mail & Fax Orders

Advocacy Library

Articles
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Summer School Series
Success Stories
Tips

Law Library

Articles
Caselaw
IDEA 2004
No Child Left Behind
McKinney-Vento Homeless
FERPA
Section 504
Fed Court Complaints

Topics

Advocacy
ADD/ADHD
Allergy/Anaphylaxis
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention (Part C)
Eligibility
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
ISEA
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE/Inclusion
Mediation
Military / DOD
No Child Left Behind
NCLB Directories
NCLB Law & Regs
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based Instruction
Response to Intervention (RTI)
Restraints/Abuse
Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 

4th Circuit Issues Pro-Child Decision
in ABA Lovaas Case

On March 25, 2003, the U. S. Court of Appeals for the Fourth Circuit issued a unanimous decision in an ABA / Lovaas case.

In G. v. Fort Bragg Dependent Schools, the Court addressed the rights of children who attend Dept of Defense schools; FAPE & educational benefit; procedural safeguards and notice by parents; methodology issues; reimbursement for a home-based Lovaas program; compensatory education for failure to provide FAPE; prevailing party status & attorneys fees.

The Court described the background of the case as follows:

"G is the son of a Sergeant in the United States Air Force, stationed at Pope Air Force Base in Fayetteville, North Carolina. . ."

"Around the end of the 1995-1996 school year, concerned that G did not appear to be progressing in the development of appropriate behaviors and skills, G;s mother attended a conference on the "Lovaas" method. After some further research, G;s mother communicated to G's teachers and others within FBDS that she felt the Lovaas method held great promise for G."

"In May of 1996, FBDS proposed an IEP for G . . . the proposed IEP did not include any Lovaas techniques or methods, and G's mother rejected it."

"Instead, beginning in the summer of 1996, G's parents took steps to have the Lovaas method provided for G in their home by private consultants certified in its implementation. To pay the cost of the program, G's parents launched an ambitious fundraising effort, eventually raising over $37,000 from community sources."

Download the decision in G v. Fort Bragg Dependent Schools (pdf)

http://www.wrightslaw.com/law/caselaw/2003/4th.G.fortbragg.lovaas.pdf

The child's attorney is:
Paul L. Erickson, Esq.
Asheville Legal Center, Building One, Suite Three
1998 Hendersonville Road
Asheville, North Carolina 28803
(828) 684-7884
Fax (828) 684-6889
E-mail: justs4all@ioa.com

ABA / Lovaas Caselaw

ABA/Lovaas caselaw continues to evolve. If you want to learn more about these issues, it will help to read decisions will help. You will find more ABA/Lovaas cases on the Autism page and in the Caselaw Library.

T. H. v. Bd. Ed. Palatine IL (N. D. IL 1999)

T. H. v. Bd of Education of Palatine IL is a powerful well-written decision in ABA-Lovaas case; discusses methodology, IEP development process; IEP goals and objectives, individualization, educational benefit, unilateral placement by parents, reimbursement, standard of review.

http://www.wrightslaw.com/law/caselaw/case_ABA_IL_TH_9905.pdf

Michael v. Kanawaha (S.D. WVA 2000)

Michael M v. Kanawaha is one of Pete's favorite cases; the decision includes an excellent discussion of IEPs.

http://www.wrightslaw.com/law/caselaw/WV_kanawha_michaelm_00_04.pdf

Stefan Jaynes v. Newport News (E.D. VA 2000)

In Jaynes v. Newport News, the school failed to provide an appropriate program for a young child with autism; judge ordered school to reimburse parents more than 100K. (Pete Wright represented Stefan)

http://www.wrightslaw.com/law/caselaw/VA_jaynes_newportnews_00_0907.pdf

Stefan Jaynes v. Newport News (4th Cir. 2001)

Jaynes v. Newport News involves a child with autism whose parents provided intensive homebased ABA/Lovaas program; discussion of statutes of limitations, procedural safeguards, notice requirements, and reimbursement; 4th Circuit upholds earlier decision that school must reimburse parents for ABA / Lovaas program.

http://www.wrightslaw.com/law/caselaw/2001/4th.jaynes.nnews.htm

Amanda C. v. Clark County Sch. Dist. and Nevada Dept of Educ. (9th Cir. 2001)

In Amanda C. v. Clark County School District, the Court of Appeals reinstates the hearing officer's decision; cites school employees for failure to inform parents of rights; procedural safeguards violations.

http://www.wrightslaw.com/law/caselaw/2001/9th.amandaj.clarkco.nevada.htm

For more caselaw about special education issues, please visit the Caselaw Library http://www.wrightslaw.com/caselaw.htm

Autism

Please go to the Autism page for FAQs, articles, and legal resources about autism, extended school year, LRE / inclusion, book recommendations, free publications, and a short list of information and support groups about autism. http://www.wrightslaw.com/info/autism.index.htm

To Top

Home

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!

 

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video

 

Copyright 1998-2014, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.

Contact Us | Press Mission l Our Awards l Privacy Policy l Disclaimer l Site Map

New Book!

Now Shipping!

Wrightslaw: All About Tests and Assessments
About the Book

Check it out!

Wrightslaw Store

The Advocate's Store

Get Help!

Blog the Wrightslaw

Wrightslaw on Facebook

Find us on Facebook

Wrightslaw Books

Student Discounts

Military Discounts


Wrightslaw: All About IEPs

About the Book
To Order

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
About the Book
To Order


About the Book

To Order


Surviving Due Process: Stephen Jeffers v. School Board

About the DVD Video
To Order


To Order


Wrightslaw: No Child Left Behind

About the Book
To Order

Wrightslaw Multimedia Training


Understanding Your Child's
Test Scores (1.5 hrs)

Understanding Your Child's Test Scores

Learn More
To Order
Retail Price: $
24.95
Wrightslaw Special: $14.95

Special Education Law & Advocacy Training
(6.5 hrs)


Wrightslaw WebEx Special Education Law & Training Program (6.5 hrs)


Learn More
To Order
Retail Price: $99.95
Wrightslaw Special: $49.95