Defining autism: professional best practices and published case law

There are clear indications that both the reported incidence of autism in children and litigation involving this developmental disorder are increasing. However, to date there has been a dearth of research analyzing court cases and legal decisions concerning students with autism. The purpose of this review was to examine published hearing/review and court decisions concerning autism eligibility in educational settings in relation to empirically supported best practices in the assessment of autism. A total of 13 cases were identified for inclusion in the review. In general, the results indicated that hearing/review officers and judges neither relied upon nor explicitly acknowledged empirically supported assessment methods in their published eligibility decisions. It appeared that many hearing/review officers and judges relied on expert witnesses, who may or may not have had particular expertise and knowledge regarding current best practices in autism eligibility assessment. Implications of the findings and areas for future research are discussed.