News - Autism Legal Resource Center

October 2026

The United States District Court for the District of Kansas granted the Plaintiffs a preliminary injunction, requiring their children’s school to allow access to the ABA provider to deliver medically necessary care in the school setting.

The Plaintiffs argued the care was necessary and could easily be accommodated. Failing to provide such accommodations violates the goal and purpose of the Americans with Disabilities Act (ADA): “to provide disabled with access to public accommodations.” The school, which had previously accommodated students' ABA therapy, stopped allowing such access due to a 2025 district-wide policy banning outside third party providers. The Assistant Superintendent said this policy arose from liability concerns. The Court rejected the school’s argument that liability issues and concerns about classroom disruption justified the ban, noting that prior to the policy, “The teachers and principals were supportive [of ABA] and reported that the therapist’s presence was helpful and did not interfere with learning activities.” The District defended its policy by asserting that such an accommodation would fundamentally alter the nature of the services provided, but the Court found their “claimed hardships are unconvincing because they are speculative, unsupported, or were previously tolerated by the District.” Consequently, the Court granted the Plaintiffs’ preliminary injunction and enjoined the District from enforcing their policy that prohibited ABA therapists in classrooms. The Autism Legal Resource Center assisted with the case, providing legal support and analysis throughout....

September 2025

NASEM Releases Report on Autism Care Demonstration (ACD)

Today, the National Academies of Sciences, Engineering, and Medicine released their anticipated report on the DOD's Autism Care Demonstration (ACD): The Comprehensive Autism Care Demonstration: Solutions for Military Families. The ALRC's Dan Unumb was invited to speak to the Committee in November 2023. The report concludes that the DOD should cease the ACD and that there is strong evidence supporting the effectiveness and use of ABA for Autism: "As such, the committee has recommended making ABA is a Basic benefit under the TRICARE program and ceasing the demonstration. In doing so, DHA should take steps to eliminate or minimize administrative burdens and adhere to the standards of care to ensure that military-connected families have timely and continuous access to a range of ABA services for those that need them. Further, the committee feels strongly that the receipt of health care should never be contingent on data collection that is not germane to the delivery of care nor contingent on participation requirements of caregivers." "There is a substantial body of literature, supported by multiple meta-analyses, indicating strong evidence of efficacy and effectiveness of ABA as an appropriate intervention to support autistic individuals with a range of ABA practices suitable for older individuals as well as younger children. While additional studies will be useful, the totality of evidence for ABA is robust and meets the standards of the evidence-based practice framework and Department of Defense’s own criteria of reliable evidence."...

December 2024

Read the Story Here

ALRC quoted in ProPublica investigative article on Autism and United Healthcare....

June 2023

Justice Department files Statement of Interest About the ADA Rights of Children with Disabilities Experiencing Behavioral Health Challenges in School

"The Department’s brief explains that public entities like school boards have an obligation under the ADA to reasonably modify their behavioral response by helping the children calm down, involving professionals including a mobile crisis team or a child’s therapist,"...

May 2023

Department of Justice Files Statement of Interest about Americans with Disabilities Act’s Application to Law Enforcement Responses to People Experiencing Behavioral Health Disability-Related Crises

On May 12, 2023, the Department of Justice filed a Statement of Interest in Lou v. Lopinto, a private lawsuit against the Sheriff of Jefferson Parish, Louisiana, and several Jefferson Parish Sheriff’s Office deputies (defendants). The lawsuit was filed in the United States District Court for the Eastern District of Louisiana by the parents of a sixteen-year-old with autism who died while the defendants were responding to the child’s disability-related acute sensory episode, or “outburst."...

May 2022

Justice Department Secures Agreement to Provide Community-Based Services to Children with Disabilities in Rhode Island

“Under the agreement reached today, Rhode Island will modify its policies so that children with intellectual and developmental disabilities such as autism will receive... ...

February 2022

MHPAEA Report to Congress: Realizing Parity, Reducing Stigma, and Raising Awareness

DOL, along with the Department of HHS and Treasury, issued its 2022 MHPAEA Report to Congress: Realizing Parity, Reducing Stigma, and Raising Awareness. ...

August 2021

Update on the U.S. DOL Suit against UBH

Update on the U.S. DOL Suit against UBH...