LEGAL ISSUES
Students with Autism Spectrum Disorder: A Primer for SBOs
By Timothy E. Morse, EdD, and Charles J. Russo, JD, EdD
Addressing the needs of some
students with autism spectrum disorder can have significant financial implications.
T
he Individuals with Disabilities Education Act includes autism, also referred to as autism spectrum dis- order (ASD) (IDEA, 20 U.S.C.A. §
1401[3][A][I]), as one of the conditions that qualify students to receive the special educa- tion and related services identified in their individualized education programs (IEPs). The conditions associated with ASD vary widely; however, most children with autism manifest two core behaviors or symptoms: (1) qualitative impairments in social com- munication skills and (2) engagement in restricted behavior patterns that may include focusing on items of intense per- sonal interest, such as photographs, a sport, or other topics (CDC 2021c).
Autism spectrum disorder should be of interest to school business officials and other education leaders for two reasons. First, ASD is noteworthy because of its increased prevalence. In fact, in recent years the rate of ASD has increased from 1 in 150 (Heward, Alber-Morgan, and Konrad 2017) to 1 in 44 children, with young males four times more likely to be diagnosed with autism than young females (CDC 2021a). Further, at 11% of the school-age popu-
lation, ASD ranks fourth, behind specific learning disabilities (33%), speech or lan- guage impairments (19%), and other health impairments (15%) as the most common disabilities qualifying children to receive IDEA services (NCES 2021). Second, because some students with ASD require extensive and costly related services, addressing their needs can raise significant financial implications for school board budgets, especially now, when resources are stretched from the impact of COVID-19. In light of the prevalence of ASD, the first substantive part of this column examines ASD
38 APRIL 2022 | SCHOOL BUSINESS AFFAIRS
generally before addressing specific provi- sions of the IDEA that affect school systems. The second part offers recommendations for districts to consider as they develop policies for meeting the needs of students with ASD.
Autism Spectrum Disorder
The characteristics of students affected by ASD can, and often do, vary widely, which is why the condition is referred to as a spec- trum disorder (CDC 2021b). One student with an ASD diagnosis may be identified with an intellectual disability, as possibly not speaking, and as displaying aggressive behavior toward others when the child’s daily routine is disrupted. Another student with an ASD diagnosis may demonstrate above-average intelligence, speak at appro- priate times, and be adept at advanced computer programming. Not surprisingly, the IEPs of these students would dif- fer markedly.
The Supreme Court’s 2017 judgment in Endrew F. v. Douglas County School Dis- trict RE-1 (2017) was a significant change in how school boards must meet the needs of children with disabilities. In Endrew F., the Court moved beyond the minimal stan- dard it set in its first case interpreting the Education for all Handicapped Children’s Act, now the IDEA: Hendrick Hudson Central School District v. Rowley (1982), a dispute from New York. In Rowley, the Supreme Court interpreted the IDEA as being designed to provide a floor of oppor- tunities for children with disabilities rather than to serve as a vehicle to maximize their potential. In Endrew F., the Court found that school board officials in Colorado failed to meet their duty under the IDEA, pointing out that in order “to meet its substantive obligation under the IDEA, a school must offer an IEP
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