Peter W. D. Wright, Esquire
P. O. Box 1008
Deltaville, VA 23043

RE: Education for children with Autism

 I have spent much of the last two years seeking to have the State of North Carolina begin funding the Lovaas program of education for families that have young children suffering from autism. 

In that regard, I have written letters to: E. Lowell Harris, Director Exceptional Children Division, Senator Launch Faircloth, Congressman Charles Taylor and have brought contested cases (Due Process Hearings) which have been heard by Judges Mann, Phipps, and Gray. 

A couple of weeks ago I had a Lovaas case dismissed based on a technicality. The following day, my client inquired why is it that people can only see the financial cost of doing what is right? Why can’t they see the overwhelming costs associated with refusing to do what is right? The mother was referring to the average cost of a Lovaas program being $25,000 a year for three years or $75,000. That is the cost of doing what is right. In that particular child’s case, she had completed the program at slightly under that cost figure and her child was exited out of special education prior to kindergarten. He was promoted from kindergarten and is now in a regular first grade class at his neighborhood school making above average grades. 

The cost of not intervening on behalf of these children is estimated at $2,000,000 of direct costs alone over the child’s lifetime. This figure does not take into consideration the loss of the value of life that autistic children will experience because they are relegated to function as an autistic human being in a world in which the disabled are generally avoided or simply not welcomed by society. The Lovaas program is helping thousands of children suffering from autism overcome that disability so they can lead a normal life as non-disabled citizens. 

The Lovaas Program is being provided privately throughout the United States and the world to families that have children with autism. In general, it is limited to families that can privately fund the program. Some families in states such as California, Maryland, New Jersey, New York, Massachusetts, and South Carolina are receiving funds from their school districts, who receive funds from the State Legislature, who receive funds from the federal Government under the Individuals with Disabilities Education Act and other legislation, such as Medicaid provisions.

I estimate that North Carolina will lose between $500,000 to $1,000,000 a year fighting Lovaas cases.¹ Should the families ultimately prevail, those figures will at least double. That expenditure alone would fund 20-40 Lovaas programs a year assuming the families do not ultimately prevail, and 40-80 Lovaas Programs if the families do prevail. Avoiding that expenditure would supply funds so that for every family that chose to do so could undertake implementing such a program. 

The child would be given the opportunity to not only receive an appropriate education, but a meaningful life. 

The statistics for Lovaas Programs based on a 1987 study are as follows:

I have provided a copy of this letter to each of you as I believe that you will agree that it is worth doing the right thing to save these children, and you might be able to provide me your thoughts and guidance on how to accomplish that goal. 

 Sincerely,

 Paul L. Erickson 

¹  It is estimated that direct cost in attorneys fees average $140,000 (800 hours at $175.00/hour) just to complete the state level review in the due process hearing system; plus expert witness fees and discovery of $10,000 - $30,000; lost time or opportunity costs resulting from litigation rather than performing special needs function of school administrators and teachers $4,000 (estimated one full time equivalent at $20.00/hour for a minimum of 5 weeks or 200 hours). Estimated costs of proceedings $10,000 (Judge, Court reporter, and Courtroom for an average of three weeks per case). Estimated total costs under best case scenario of $164,000 - $184,000 per case. Estimate a minimum of three cases a year being filed.

 ²  Behavioral Treatment and Normal Educational and Intellectual Functioning in Young Autistic Children, by O. Ivar Lovaas, 55 Journal of Consulting and Clinical Psychology 3 (1987) (commonly referred to as "The 1987 Study".)

Paul Erickson has an extensive special education practice in North Carolina. Several years ago, while living in Maryland, Paul was responsible for several major special education victories that opened doors for children with disabilities. 

For several years, we have communicated with Paul about cases. In January, 1998, we had the honor of meeting him at the 1st COPAA Conference (Council of Parents Attorneys and Advocates).