New York state law defines Applied Behavior Analysis (“ABA”) as “...the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior."

ABA is a special instructional method for children diagnosed with autism delivered by trained professionals.  

If you are a parent of a child with autism, the New York City Department of Education may give you information that is not accurate.  You may be told:

  • ABA cannot be provided or placed on an IEP. 
  • An IEP cannot include home-based services.
  •  An IEP cannot include a 1:1 teacher.
  •  SEIT is not available for school-age children.

If you have been given any of the above information, your child’s rights may have been violated.

In fact, parents who have lawyers or advocates are able to get their children ABA services, SEIT, home-based services and after-school services in preschool or even after they turn five and age into kindergarten and elementary school.

Some examples of services that we have been able to obtain for clients whose children are diagnosed with autism include: 10-30 hours per week of home-based ABA, full or part-time, push-in ABA teacher into a public school, SEIT, BCBA supervision and consultation, evaluation by an expert in ABA, and full-day ABA-based private school.

In addition, our office represents a class action of all children with autism in New York City who are being denied ABA services, 1:1 instruction and home-based services.  However, this is an issue throughout New York.