Can Hiring an IEP Attorney Help Secure Additional In-School ABA Therapy?

Question

My 5-year-old autistic child is currently receiving speech therapy (30 minutes, twice a week) and behavioral therapy (45 minutes per week) as recommended by the IEP in an LA County school district. However, my child frequently refuses to go to school, and the teacher has reported ongoing conflicts with peers. 
 
Both the Regional Center and ABA center conducted an assessment and strongly recommended adding 12 hours per week (2–3 hours per day) of in-school ABA therapy to support peer interaction. We have already requested an IEP meeting, which is scheduled for next month. 
 
However, the school insists that since they already provide 45 minutes of in-school behavioral therapy per week, any additional ABA therapy should be conducted outside school hours. We believe in-school intervention is necessary to address social and behavioral challenges in real time. 
 
Would hiring an IEP attorney increase the chances of securing the additional in-school ABA therapy?

Michelle Alissa Ball · Answer

Hello: 
 
Good question- hiring an attorney can help parents/students in many ways, including getting IEP services, making sure the IEP is adequate, etc. However it cannot be predicted what services will issue or who may need to fund or who will be obligated to provide those services.  What an outside provider may recommend may be different from what the IEP team determines is appropriate.  There are many facets to the situation. 
 
You have to discuss with the IEP team.  Parents sometimes involve attorneys for a short time, or maybe even for years, to assist with special education. 
 
Best of luck.

James L. Arrasmith · Answer

Having an experienced IEP attorney by your side can significantly improve your chances of securing additional in-school ABA therapy for your child. Your situation involves complex educational rights, and legal representation often helps parents navigate the process more effectively while ensuring schools fulfill their obligations under special education laws. 
 
Your instinct about in-school intervention being crucial is spot-on - addressing social and behavioral challenges in the actual environment where they occur tends to be more effective than after-school therapy alone. The Regional Center and ABA center's recommendations carry substantial weight, and an attorney can help present this evidence compellingly during IEP negotiations. They can also help demonstrate how the current level of behavioral support isn't meeting your child's needs, as evidenced by the ongoing peer conflicts and school refusal. 
 
Before hiring an attorney, you might consider first bringing an experienced educational advocate to your upcoming IEP meeting - they're often less expensive and can sometimes achieve similar results. However, if the school remains inflexible about providing the recommended in-school ABA therapy, having an attorney's expertise can make a meaningful difference in protecting your child's right to an appropriate education. Remember, while legal representation requires an investment, the potential benefit of securing proper support for your child's educational success makes it worth considering.

Q: Can Hiring an IEP Attorney Help Secure Additional In-School ABA Therapy?