Autism litigation: Outcomes for 2010, trends in decision making and changes in diagnostic criteria

The diagnosis of autism spectrum disorder has systematically risen since Kanner's description in 1943 and Asperger's definition in 1944. An increase in numbers has met with an increase in litigation regarding autism spectrum disorder (ASD) and the Individuals with Disabilities Education Improvement Act (IDEIA). Outcomes that first favored parents (2002–2004) have moved to outcomes favoring school districts. The authors update the reader on case outcomes for 2010 and discuss how pending changes in legislation and diagnostic criteria may impact navigation through the education system as individuals seek a free appropriate public education (FAPE) and placement in the least restrictive environment (LRE).

► The authors examine case law regarding ASD and IDEIA for 2010.
► Procedural and substantive violations are addressed.
► Outcomes favored school districts.
► Changes in the DSM and NCLB are discussed.