For many children with autism or other developmental disabilities, applied behavior analysis (ABA) therapy is essential for communication, self-regulation, and academic success. While some schools provide ABA therapy, many do not, leaving families to arrange for private ABA therapy outside of school. When a child needs that support during the school day, parents often request that a private board-certified behavior analyst (BCBA) or registered behavior technician (RBT) work with their child on campus.
Schools frequently push back on these requests, citing concerns over liability, staff oversight, or classroom disruptions. But does a school have the right to deny access to an outside provider? And what options do parents have when their child’s educational success depends on ABA therapy?
At K Altman Law, we help families navigate these challenges to ensure children receive the behavioral support they need at school.
Are Schools Required to Allow Outside BCBAs or RBTs?
The answer depends on several factors, including whether the school is responsible for providing ABA therapy, whether the therapy is medically necessary, and whether the child is protected under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act.
Schools are not automatically required to allow an outside provider, but in some cases, denying access may violate a child’s right to a free appropriate public education (FAPE).
If the BCBA or RBT Is Funded by the School
If a child’s individualized education program (IEP) or 504 plan includes ABA therapy as a necessary service, the school is responsible for ensuring the child receives those services.
Some school districts hire or contract with BCBAs and RBTs to provide in-school ABA support. If the school does not employ a BCBA or provide ABA therapy, parents can request that the school fund an outside provider as part of the IEP.
If the school refuses to provide ABA therapy and the IEP team agrees that it is necessary, parents can file for due process to challenge the school’s decision.
If the BCBA or RBT Is Privately Funded by the Parents
If a family is paying for ABA therapy privately and wants a BCBA or RBT to work with their child at school, the school may or may not allow it.
Some districts permit outside therapists but require background checks, liability waivers, or administrative approval. Others deny outside providers entirely, arguing that only school employees or contracted providers can deliver services on campus.
If the child’s disability prevents them from making progress without ABA support at school, parents may have grounds to challenge the school’s refusal under IDEA or Section 504.
What If the School Refuses to Allow an Outside Agency?
If the school refuses to provide ABA therapy or denies access to an outside BCBA or RBT, parents can take the following steps.
Request an IEP or 504 Meeting
If ABA therapy is necessary for a child to access their education, parents can request an IEP or 504 plan meeting to discuss adding ABA services as a required accommodation. Bringing documentation from a child’s BCBA or physician explaining why ABA therapy is essential during the school day can strengthen the request.
Request an Independent Educational Evaluation (IEE)
If the school refuses to recognize ABA therapy as a necessary service, parents can request an independent educational evaluation at the school’s expense to obtain an independent expert opinion. An IEE can provide objective evidence that the child requires ABA therapy to receive an appropriate education.
File a State Complaint or Due Process Request
If the school denies ABA therapy as a related service or refuses to consider outside providers, parents can file a formal state complaint or request a due process hearing under IDEA. A due process hearing allows parents to present evidence and argue why ABA therapy is necessary for their child’s education.
File a Civil Rights Complaint
If a school’s refusal to allow ABA therapy discriminates against a child with a disability, parents can file a civil rights complaint with the Office for Civil Rights. This applies if the denial of ABA support prevents the child from accessing the same educational opportunities as their peers.
How K Altman Law Can Help
Navigating school refusals of outside providers can be frustrating and legally complex. At K Altman Law, we help families:
- Ensure ABA therapy is included in IEPs and 504 plans when necessary
- Challenge school refusals of private BCBAs or RBTs through legal action
- Hold schools accountable for denying access to needed behavioral support
If your child is being denied ABA therapy or an outside provider at school, we can help.
Contact us today at 855-KALTMAN to ensure your child gets the behavioral support they need to succeed.
