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State board adopts guidance on ABA therapy in schools after heated public comment
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Summary
After hours of public testimony for and against school‑based ABA, the Kansas State Board adopted KSDE guidance clarifying how districts must evaluate medically necessary applied behavior analysis under IDEA, Section 504 and ADA; the measure passed 8–2.
The Kansas State Board of Education voted 8–2 on Jan. 13 to adopt KSDE guidance clarifying how districts should evaluate requests for applied behavior analysis (ABA) therapy in school settings under federal disability law.
KSDE assistant director Brian Dempsey told the board the guidance is intended to clarify legal obligations — it does not mandate ABA or change parent or district rights — and that complaints alleging IDEA violations still route through KSDE while ADA/Section 504 disputes would be referred to federal OCR. "The guidance does not confer any additional rights on parents or additional responsibilities on districts — it clarifies the law," Dempsey said.
Public comment divided sharply. Jason Gillespie, a Meadowlark Elementary parent, said his kindergartner’s progress depends on in-class ABA support and asked the board to approve statewide guidance so medically necessary ABA is treated as a reasonable accommodation rather than denied by district policy. "ABA is the support that allows him to access his education," Gillespie said during the citizens forum. Several parents, advocates and a representative of the Kansas Association of School Boards urged caution. Laurie Cope, an attorney with KASB, asked the board to postpone adoption until the proposed guidance better aligned with IDEA and IEP team processes.
Board debate touched on the guidance’s technical details: one member raised concern that a proposed six‑month reevaluation interval could be long compared with clinical practice, while others said the document simply reiterated that decisions must be individualized and consistent with federal law. Member Dennis said he supported the guidance but urged revisiting the six‑month review window later; member Melanie argued the guidance is an important reminder to districts that blanket denials violate federal law.
After discussion, the board adopted the guidance 8–2. KSDE said it will distribute the guidance to districts and noted it does not change IDEA complaint procedures; the agency will accept feedback and may adjust implementation details based on district experience. The guidance and the transcript record make clear the board’s action is intended as interpretive guidance rather than creating a new statutory duty.
What happens next: KSDE will publish the guidance for districts and families, and staff said they will monitor questions and implementation issues raised by districts and parents.
