Facts

K.M., through her mother, sued the Tehachapi Unified School District in relation to the K.M.'s autism and her education. When the complaint was filed, K.M. was a 9-year-old with average intelligence. K.M.'s autism made it difficult for her to develop verbal language skills and express her emotions in socially acceptable ways. K.M.'s pediatrician prescribed applied behavior analysis to address her deficits.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged defendants denied her the applied behavior analysis services while at school because the therapist who would perform the services was not an employee or contracted with the school district. Plaintiff alleged the school district's refusal necessitated she choose between receiving the services or attending school, causing plaintiff to miss school regularly and lessening the effectiveness of the therapy. Further, plaintiff claimed this caused her education to suffer and she was provided an inadequate education while at school. Plaintiff sought damages under the Individuals with Disabilities Education Act, the Americans with Disabilities Act, the Rehabilitation Act, and the Unruh Act.

DEFENDANT'S CONTENTIONS: Defendant denied the allegations.

Result

The parties reached a settlement. Defendant agreed to pay $20,000 for non-attorney costs incurred in advocating for K.M., along with $45,000 in a blocked trust for K.M.'s future independent living and educational costs. Defendant also agreed to fund inclusion specialist assessment, consultation, and support, along with providing special educational services, behavior support, and private speech pathologist services for K.M.