08/09/2026
Interesting case out of Kansas….
Re private ABA and access to schools and education.
Thanks Dragan Law Firm, LLC for sharing!
Can a School Ban Your Child's Private ABA Therapist: What One Recent Case Tells Parents
A federal judge in Kansas just stepped in to stop a school district from banning private ABA therapists from classrooms.
The situation: Two young students with autism had private ABA therapists working with them in their classrooms for a full school year. It worked. Their doctors had prescribed the therapy specifically to be used at school, and the results showed it: better focus, better communication, fewer harmful behaviors. Then the district reversed course and banned all private ABA providers from campus, no exceptions. The district offered a workaround, but it kept therapists out of the classroom itself and demanded far more insurance than the industry standard. The family's provider couldn't agree to those terms.
What it cost the kids: Both families ended up pulling their kids out of the district just to keep the therapy going. Even after they left, the district kept providing some special education services, but still wouldn't let the therapists into those sessions either. Without that support, the kids regressed. Their old struggles came back.
What the court decided: The judge found the family was likely to win their ADA and Section 504 case and ordered the district to stop enforcing the ban for now. A district that already allowed something to work without problems has a hard time later claiming it's suddenly too risky to continue. The court also said choosing to leave a district because of an unlawful policy isn't the family's fault, that's harm the policy caused.
One important thing to understand: this is a preliminary injunction, not a final ruling. It means the judge looked early on and decided the family will probably win, so the kids get protected while the case keeps going. The lawsuit isn't over. But it's a meaningful signal.
Why parents should know this exists: Policies that ban private providers from schools are becoming more common, often justified by liability or insurance concerns. But schools are exactly where kids need this support the most. If your district has denied a request for your child's private therapist, an aide, or another medically necessary service, you may have more options than you think. Cases like this one are pushing back.
U.S. District Court, Kansas 26-4032-AJP-ADM August 4, 2026