Testimonials

Lawsuit Seeks Coordination of Medicaid Benefits with Educational Services for Autistic Students

We want to share some good news for families with autistic children, and members of the special education community. On November 28, 2018, the Hawaii Disability Rights Center (HDRC) filed a lawsuit in federal district court against the Superintendent of the Department of Education (DOE) and the Director of the Department of Human Services (DHS), alleging the Departments violated the Americans with Disabilities Act (ADA), the Medicaid Act, and sections 504 and 1983, by failing to provide applied behavior analysis (ABA) to autistic students. The lawsuit is based in part on law made in our case, R.E.B. v. State Dept. of Educ., 870 P.3d 1025 (9th Cir. 2017), en banc reh’g denied, panel reh’g granted, R.E.B. v. State Dept. of Educ., 886 F.3d 1288 (9th Cir. 2018). The HDRC seeks to implement and build upon that law.

Among other things, HRDC seeks an injunction on behalf of families with autistic children that: directs DHS to provide medically necessary ABA during school hours, directs DOE to allow private ABA providers onto campus to provide medically necessary ABA for students with autism during school, directs DOE to individually evaluate each student with autism using Licensed Behavioral Analysts or other qualified professionals, and appoints a special master to coordinate and monitor Defendants’ compliance with these injunctions. HRDC also requested that the court declare and establish: that DOE’s refusal to provide or accommodate medically necessary ABA during school violates the ADA and sections 504 and 1983, that DHS’ failure to ensure that Medicaid recipients under the EPSDT mandate have access to medically necessary ABA treatment during the school day violates the ADA, the Medicaid Act, and sections 504 and 1983, and that the DOE’s predetermined policy not to consider, provide, or accommodate qualified ABA services as an educational service for students with autism violates section 1983.

If you are the parent of an autistic child who has questions or concerns about your child’s rights to applied behavioral analysis services, or whether these services are sufficient in quality and quantity to allow him or her to make meaningful academic and functional advancement, then contact Robert E. Badger (REB) at or through this website to schedule a confidential free consultation. We look forward to speaking with you.

Featured Posts
Recent Posts
Archive
Search By Tags
Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square
  • Grey Facebook Icon
  • Grey Google+ Icon
  • Grey LinkedIn Icon
Call us: 617-963-3599

LAW OFFICES OF ROBERT E. BADGER

Family Law and Special Education Advocacy

OUR PHILOSOPHY

We are experienced and aggressive litigators who are fully capable of resolving complex disputes from beginning to end without extensive client involvement.  But this is not our preferred approach.

Our logo represents the link we share with our clients that allows us to understand their needs and to accomplish their goals.  We recognize that our clients have diverse needs.

Your legal needs are unique.  We believe it is critical to inform you about the law and your choices, so that you can make informed choices about the important strategic issues that will affect your life long after our representation has ended.  We are experienced counsellors at law who take pride in our ability to manage procedural matters and provide legal advice.  We inform our clients about the law, the procedures, and the customs and practices of the courts and judges before them. 

But, more important than our ability to advocate, is our eagerness to listen.  When it comes to legal advice, one size does not fit all.  You have been embroiled with your dispute long before contacting us and know a great many things about it that we do not, so, your definition of success dictates the direction that we will take.  Because, we believe that after we have provided you with the knowledge necessary for you to make informed decisions, you should be the person who chooses how and on what terms your dispute is resolved.

OUR INFORMATION

Law Offices of Robert E. Badger, 265 Franklin Street, Suite 1702,

Boston MA 02110

Phone: 617-963-3599      Email: Info@SpEdAdv.com    

LOCATION MAP

© 2017 by Education and Family Advocates, All Rights Reserved.