EDUCATIONAL DISPUTES
Expert analysis in special education disputes involving autism, including IEPs, FAPE compliance, placement decisions, and Independent Educational Evaluations.
When families and schools disagree about FAPE
Families and school districts often disagree about what a Free Appropriate Public Education (FAPE) looks like for a child with autism. I serve as an expert in disputes involving IEPs, placement decisions, behavioral intervention plans, manifestation determinations, and allegations of educational neglect or mismanagement. With decades of experience designing and supervising school-based ABA programs, I provide evidence-based analysis of whether a child received the services they were entitled to—and the impact when they did not.
Independent Educational Evaluations
My work goes beyond reviewing documentation. I conduct Independent Educational Evaluations (IEEs) for families who disagree with a school district’s assessment and need an independent clinical perspective on a child’s behavioral profile, programming needs, and appropriate placement. I also evaluate whether IEP goals, services, and behavioral supports are clinically appropriate and aligned with accepted standards of practice in Applied Behavior Analysis. When disciplinary actions occur, I provide expert analysis in manifestation determination reviews, placement disputes, and least restrictive environment considerations.
Record review of educational and behavioral files
I also perform comprehensive record reviews of educational files, therapy notes, behavioral data, incident reports, and prior evaluations to develop a clear picture of what services a child received, what may have been denied, and the potential consequences. Whether a case is headed toward due process, mediation, or civil litigation, I provide the behavioral science perspective that helps legal teams and decision-makers understand what appropriate education for a child with autism requires—and whether this child received it.
Education matters I handle
- IEP Adequacy: FAPE compliance, least restrictive environment determinations
- Private Placement: Necessity assessments for specialized autism schools
- Behavior Intervention Plans: Appropriate vs. inappropriate restraint/seclusion
- Discrimination Claims: ADA/Section 504 violations in educational settings
- Due Process Hearings: Expert testimony on appropriate autism services
Frequently asked questions
What can a behavior analyst add to a special education dispute that the school’s own evaluators cannot?
Independence and a focus on behavior rather than paperwork. School evaluations are written by people employed by the district. I review the same records with no stake in the outcome and I look at whether the plan on paper matches what the child actually does across the day. An IEP can be procedurally perfect and still fail the child; that gap is where a behavior analyst is useful.
Do you conduct Independent Educational Evaluations?
Yes. When a family disagrees with the district’s evaluation, I conduct an IEE focused on behavior and skill acquisition, which includes record review, observation in the school setting where the district permits it, direct assessment and a functional behavior assessment. The report is written for a due process hearing officer, so findings are tied to specific records and observations.
Can you tell whether a Behavior Intervention Plan is adequate?
That is a large part of what I do. A defensible BIP rests on a real functional behavior assessment, names the function of the behavior, teaches a replacement skill and includes data showing whether it is working. Many plans I review are missing one or more of those pieces and I can explain to a hearing officer why that matters and what harm it caused.
What do you look for in restraint and seclusion cases?
Whether there was a plan in place before the incidents, whether the staff involved were trained on it, whether less restrictive strategies were tried and documented and whether the pattern of incidents suggests the behavior was being managed or simply reacted to. Incident reports, staff training records and the child’s behavior data usually tell the story.
Can you assess whether a private placement is necessary?
Yes. I compare what the child needs, based on assessment and records, with what the current placement is able to deliver. When the district cannot provide the level of behavioral support the child requires, I document that in terms a hearing officer can apply to the least restrictive environment standard.
Do you testify at due process hearings?
Yes, in person or by video where the hearing officer allows. I also prepare attorneys for cross-examination of the district’s witnesses on behavioral issues, which is often where these cases turn.
How quickly can you review an educational file?
A records-only review of a typical file can usually be completed within seven business days of receiving complete records. An IEE with observation and direct assessment takes longer and depends on scheduling with the school.
Need Expert Insight for an Autism-Related Case?
When legal decisions involve autism or developmental disabilities, expert behavioral analysis can make the difference. Get clear, evidence-based insights that help courts understand the needs of the child.