1. Will undue burden become a common defense to ADA litigation against private schools? 2. Justin (age 9) is a child who is seriously emotionally disturbed and who exhibits some autistic-type...

1. Will undue burden become a common defense to ADA litigation against private schools?

2. Justin (age 9) is a child who is seriously emotionally disturbed and who exhibits some autistic-type behaviors. In order for Justin to benefit from education, he needs a great deal of behavior modification, and this must be provided on a 24-hour basis to avoid daily regression. The parents, who both work in blue-collar jobs, have been unable to control Justin’s behavior, and they are concerned about the fact that their other son, Reggie (age 5), is not given a sufficient amount of attention. They would like to have Justin placed in a residential program, at a cost of $85,000 annually. Does the school have to pay for this? Should the school have to pay for this? What if the parents are not willing to carry out school-provided parent training?