Hawai'i Association for Behavior Analysis

To educate, advocate for, and support both providers and consumers 
of Applied Behavior Analysis.


ABA Lawsuit Filed - Civil Beat 

 

"Defendants, jointly and individually, are required to provide or accommodate ABA services for these constituents, but are failing to do so in violation of federal and state laws. Defendants, jointly and individually, discriminate against these constituents based on their Autism disability by systemically depriving them of the services they need. Defendants’ actions, jointly and individually, have caused and continue to cause irreparable harm to Hawai`i children and young adults with Autism by, inter alia, blatant discrimination against them, relegating them to isolation, segregating them from the regular classroom, predetermining their education plans, and denying them access to medically necessary ABA treatment without accommodations, all of which contribute to diminished futures and entrench severe long-term disability."

In Support of Our Keiki 

DOE’s refusal to accommodate medically necessary ABA during school hours forces students with Autism out of public schools. This violates not only ADA and Section 504, but IDEA as well. “As a general matter, services that enable a disabled child to remain in school during the day provide the student with the meaningful access to education that Congress envisioned.” Cedar Rapids Cmty. Sch. Dist. v. Garret F. ex rel. Charlene F., 526 U.S. 66, 73, 119 S.Ct. 992, 997 (1999) (internal quotation omitted). “Congress intended to open the door of public education to all qualified children and required participating States to educate handicapped children with nonhandicapped children whenever possible.” Id. at 78, 119 S.Ct. at 999 (internal quotations omitted).

In Opposition of Our Keiki 

Exhibit 1 (Deb Farmer Emails): DOE states they do not provide medical care or access to ABA.

Exhibit 1 (Jason Glikas Letter): DOE saying their staff, not BCBAs will conduct FBAs
"DOE already provides a thorough and comprehensive evaluation for every student with ASD to develop an IEP for each student that is reasonable calculated to enable the child to receive educational benefits.” “Plaintiff’s entire Complaint is built upon a fiction of its own creation and, as explained below, the injunctive relief Plaintiff seeks in its Motion would be entirely inappropriate.”