Denver, CO
ABA therapy in school: Some Denver families are still being told no despite state law billed as “a path to yes”
This story was originally published by Chalkbeat. Sign up for their newsletters at ckbe.at/newsletters
Every day, Ileana Sadin picks up her 5-year-old son Julian from kindergarten in Denver and drives him to a therapy clinic. Julian has autism, and his pediatrician has prescribed 35 hours of applied behavior analysis, or ABA therapy, per week to help Julian communicate.
But Julian doesn’t get nearly that many hours of therapy. At most, he gets 10 a week after school.
Denver Public Schools has refused his parents’ request for a private ABA provider to work with Julian in his kindergarten classroom, even though the family’s private insurance would pay for it.
Without ABA therapy in school, Julian’s parents worry he is losing skills. Before he enrolled in public school, an ABA therapist helped Julian participate in lessons at his day care, his parents said. Julian learned the alphabet and could count to 20 in English and Spanish.
When Julian transitioned to public school, his parents were told, “‘He’s making progress. He can count to 10 now,’” Julian’s father, Joshua Kurdys, recalled. “He could count to 20 a year-and-a-half ago. That says something to me.”
A 2022 state law was intended to make it easier for students to get ABA therapy in schools. But ultimately it was watered down to require only that districts have a policy that addresses how a student with a prescription for “medically necessary services” receives those services in school.
Parents and advocates say that has led to an uneven experience for families across school districts and less support for students, some of whom end up quietly lost in the shuffle while others end up in a loop of frustration, explosive behavior, and suspension from school.
While DPS is following the letter of the law, parents and advocates allege, it’s not following the spirit. Advocate Meryl Duguay called DPS’s policy and process “a show to get to a no.”
Meredith Fatseas, the Denver district’s director of mental health services, said the district looks at each student’s case individually and that its process is “rooted in inclusive and equitable practices.”
“When requests come in, we are taking them seriously,” Fatseas said. “It’s not a rubber stamp.
“We are committed to the obligation of meeting students’ individual needs in the education setting, which is why we’ve taken a stance of owning this process,” she said.
Data shows DPS says no more often
ABA uses rewards to reinforce behavior. It’s often recommended for children with autism to help them communicate, interact with others, and manage frustration.
DPS’s policy says the decision of whether to allow an outside ABA therapist into the classroom is up to the team that develops a student’s individualized education program or IEP. An IEP lists goals for students with disabilities and the services the school district must provide.
If parents disagree with anything in the IEP, their recourse is to file a due process complaint with the state, which many families see as daunting and potentially costly.
Data obtained by Chalkbeat in an open records request shows that last school year, DPS, the largest school district in the state with 88,000 students, received 28 requests for ABA therapy in school and granted only three, or about 11%.
Other big Colorado districts said yes more often. Jeffco Public Schools, Douglas County School District and Cherry Creek School District granted all of the requests for ABA therapy they received last school year. Aurora Public Schools granted half the requests it received in the last three years.
Fatseas said Denver’s rate doesn’t take into account approvals made through a second, long-standing process that allows parents to request a private provider work with their child during non-instructional time only, such as art class or recess. The requests are meant to be for services that are not medically necessary.
Those types of requests are made at the school level, and the district doesn’t track how many are received or granted by individual school principals, Fatseas said.
Bill set out to find “a path to yes”
Families’ frustration drove the 2022 Colorado state law. Originally the bill, known as HB 22-1260, would have required districts to allow ABA in school.
“When parents approach schools with a prescription, they are often told no,” state Rep. Meg Froelich, who sponsored the bill, said at the first hearing in April 2022.
“We are here to find a path to yes,” said Froelich, a Democrat who represents Englewood, Sheridan, Cherry Hills Village and part of Denver.
But now, Froelich said, it’s clear that the law isn’t always working as intended.
“We’re a local control state, so the prevailing wisdom is you can’t tell school boards what to do,” Froelich said in an interview. “We tried to write (the bill) that the path can’t be, ‘We don’t do that here.’ But there are too many ways the school can essentially say no while appearing not to.”
At the first hearing on the 2022 bill, one parent told state lawmakers her son was suspended from his suburban school district 12 times in a four-month span for behavior that could have been addressed by ABA therapy. Another testified that her son’s school said she was welcome to pull him out of class to go to his ABA clinic but then held him back a grade for missing too much school.
The few parents who said their children had gotten ABA therapy in the classroom said it happened because of a lawsuit or a mistake.
Meanwhile, school officials said allowing outside ABA providers into classrooms could be a liability and would be disruptive and distracting to the student receiving the therapy and their classmates. ABA therapy could also interfere with other special education services, they said.
“We aren’t allowed to give up our services so an outside provider can come in to give their services,” said Lisa Humberd, then the executive director of special education for Widefield School District 3 and now head of the Consortium of Directors of Special Education.
Providers testified that’s not how ABA therapy works. It’s not a separate therapy delivered in an office, they said, but supports the student to participate in classroom lessons.
ABA therapy is controversial. Nationwide, some parents have accused ABA providers of being overzealous or even abusive to their children, and some autistic adults have said the premise of ABA therapy forces people with autism to conform to societal norms in a harmful way.
But the controversy didn’t seem to play a role in Colorado lawmakers’ decision. The objections of the school districts did. To appease them, Froelich amended her bill. Instead of requiring districts to allow medically necessary services in school, the bill required districts to have a policy.
“I think we will probably revisit this if parents are finding they can’t quite get what they need or the policy isn’t addressing certain circumstances,” Froelich told fellow lawmakers in 2022.
Two years later, Froelich is frustrated.
In her mind, IEP teams should not be making the decision about whether to allow ABA therapy providers into the classroom. She has asked the Colorado Attorney General’s Office to issue an opinion to that effect. A spokesperson said they’d received the request and are looking into it.
Froelich has also asked the Colorado Department of Education to issue new guidance. A spokesperson said the department is “working with districts and other stakeholders to review how the current guidance might need to be clarified or updated.”
In kindergarten and still without therapy services
Chalkbeat spoke with three families whose children have a prescription for ABA therapy. All three requested an outside ABA provider be allowed to serve their child in the classroom, at the expense of their private insurance. All three were denied by Denver Public Schools.
Two of the families did not want their names used in this story for fear of retaliation by the district.
All three families said they went through DPS’s process. As described by Fatseas, the district’s director of mental health services, the process involves an evaluation by a board certified behavior analyst, or BCBA, who works for the Denver school district.
The district’s BCBA interviews the student’s pediatrician and their outside ABA therapist. The BCBA also observes the child at school, reviews their records, and collaborates with other special education teachers and school-based providers to write a recommendation for the IEP team.
Fatseas said ABA theory is baked into the interventions that all Denver school-based mental health staff use with students, even if they’re not providing one-on-one ABA therapy. With requests for outside ABA providers to come into the classroom, Fatseas said the question the district tries to answer is whether the service is necessary for the student to make progress toward their IEP goals.
In Julian’s case, DPS said it wasn’t.
Julian is a sweet 5-year-old whose mother describes him as agreeable. He struggles with communication, social skills, and learning, but he doesn’t lash out in frustration.
Unlike some children with autism, Julian can speak. But his speech is mostly phrases he’s memorized. On a recent drive to his after-school therapy, Julian sat in his car seat with a banana and a chocolate milk, marveling at the trucks on the highway.
“UPS truck!” he said. “That’s a big one! Orange semi truck! That’s a big one!”
According to IEP documents provided to Chalkbeat by Julian’s parents, DPS rejected the family’s request for an outside ABA provider because Julian was making progress without one. But his parents wonder if Julian could be making more progress with help from an ABA therapist.
Advocates said it’s a common concern.
“The bar is so low, they’re not considering what a student is actually capable of and should be achieving,” said Duguay, who does not work with Julian’s family but has worked with several other families whose requests for ABA have been denied.
In IEP meetings, Julian’s parents pushed back. But so far, DPS has stuck to its denial.
“I don’t know how we can say with a straight face he doesn’t need ABA therapy,” Sadin, Julian’s mother, said in one IEP meeting, according to a recording provided to Chalkbeat. She was reacting to test scores that showed Julian was in the bottom first percentile for academic skills.
“He has such problems with communication, it’s not easy to elicit what he usually knows,” she said in the meeting. “Not to harp on the ABA, but this is what ABA is about.”
Melanie Asmar is the bureau chief for Chalkbeat Colorado. Contact Melanie at masmar@chalkbeat.org .
Chalkbeat is a nonprofit news site covering educational change in public schools.
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Originally Published:
DENVER — Sean Payton listed three goals for his Denver Broncos this season, and chief among them was knocking off the Kansas City Chiefs.
They did that, winning the AFC West for the first time in a decade and ending K.C.’s nine-year reign atop the division.
The Chiefs, who have played in the past seven AFC championship games, are already aiming for next season after a 6-11 finish that ended with Patrick Mahomes with a surgically repaired knee.
Payton’s second goal was earning the best seed possible in the playoffs so the Broncos wouldn’t have to hit the road like they did last year when they were blasted 31-7 in Buffalo in the wild-card round.
The Broncos earned the AFC’s No. 1 seed with a franchise record-tying 14 wins.
Super Bowl 60 was the third goal and they’re two home victories away from getting there.
The journey won’t be easy. These are the first AFC playoffs without Mahomes, Peyton Manning or Tom Brady since 1998, another reason it’s seen as a wide-open field without a prohibitive favorite to raise the Lamar Hunt Trophy on Jan. 25.
New England Patriots quarterback Drake Maye celebrates after a touchdown scored by running back TreVeyon Henderson during the second half of an NFL football game against the Miami Dolphins in Foxborough, Mass., Sunday, Jan. 4, 2026. Credit: AP/Charles Krupa
All four division winners were new this year with Denver, New England, Jacksonville and Pittsburgh all earning at least one home playoff game.
The Broncos will find out their opponent for the divisional round this weekend. They’ll play the lowest remaining seed after wild-card weekend that features two AFC games Sunday and another Monday night.
The Buffalo Bills (12-5) visit the Jacksonville Jaguars (13-4) on Sunday followed by the Los Angeles Chargers (11-6) visiting the New England Patriots (14-3). On Monday night, the Houston Texans (12-5) visit the Pittsburgh Steelers (10-7) as Aaron Rodgers returns to the postseason for the first time since 2021 when he was with Green Bay.
“I think it’s the best possible position to be in,” Broncos second-year QB Bo Nix said. “Two home games is where we want to be. It’s better than having to play on the road and it’s better than having to play an extra game. I think for us, it’s the best-case scenario. It’ll be good to play here because of our stadium and the atmosphere. I think that’ll apply a little bit more pressure. At the end of the day, it’s an open tournament and it’s going to be a really good opportunity to play really good teams. Each one that comes in here is going to be a tough, physical, competitive game.”
Jacksonville Jaguars quarterback Trevor Lawrence (16) looks to throw a pass during the first half of an NFL football game against the Tennessee Titans, Sunday, Jan. 4, 2026, in Jacksonville, Fla. Credit: AP/John Raoux
1. (14-3).
Three Lombardi trophies in eight Super Bowl appearances.
Lift the Lombardi: Denver’s defense amassed 68 sacks, the fifth most in history and four shy of the 1984 Chicago Bears’ NFL-record of 72. Here’s the thing: they could have had many more, but defensive coordinator Vance Joseph has built an unselfish pass rush that seeks more to cage in quarterbacks with edge rushers and blitzers never rushing deeper than the QB. Patrick Surtain II, Zach Allen, Nik Bonitto, Jonathon Cooper and Talanoa Hufanga can all wreck offensive game plans.
Cancel the confetti: As usual in Denver, the offense doesn’t shine like the defense does. Although QB Bo Nix tied Russell Wilson’s NFL record with two dozen victories in his first two NFL seasons, the former Oregon signal caller was erratic with his throws and inconsistent in his play all season. Still, he was clutch when it mattered, throwing for 17 TDs and just two INTs when trailing in 2025. The Broncos are hopeful that if they reach the Super Bowl they’ll get RB J.K. Dobbins back from foot surgery to give their backfield a boost. Until then, its rookie R.J. Harvey’s chance to shine.
“It doesn’t have to be aesthetically pleasing to be effective.” — Payton.
2. (14-3).
Six titles in 11 Super Bowl appearances.
Lift the Lombardi: The Patriots are hungry as they return to the playoffs for the first time since 2021 on the heels of a potential MVP season from second-year quarterback Drake Maye. His production with a league-best 72.0 completion rate, along with 4,394 passing yards and 31 touchdowns are what make New England a threat to emerge from the AFC. Their mix of impactful young talent such as running back TreVeyon Henderson and veteran leaders such as wide receiver Stefon Diggs typify a roster that has bought into new coach Mike Vrabel’s approach. He knows playoff football well, having won three Super Bowls with the Patriots as a player and guiding the Tennessee Titans to three playoff appearances in his six seasons as coach.
Cancel the confetti: One thing that might be a cause for concern is New England’s inconsistency against the run over the latter part of the season. The Patriots defense didn’t allow a 100-yard rusher in the first 11 games. But when defensive tackle Milton Williams went on injured reserve with an ankle injury for five straight games, the Patriots allowed four rushers to eclipse the century mark with him sidelined. He returned for the regular-season finale, but if teams can control the game on the ground and keep the ball out of Maye’s hands for long stretches, it could add up to a short postseason for New England.
“We’re not here just to get here. We have to be able to host games and compete for championships. There’s not going to be any consolation prize for anybody. We understand what we have to do.” — Vrabel.
3. (13-4).
No Super Bowl appearances.
Lift the Lombardi: The Jaguars are one of four NFL teams — along with Cleveland, Detroit and Houston — that have never reached the Super Bowl. Getting there in coach Liam Coen’s first season would be one of the biggest surprises in recent NFL history. Coen is the seventh head coach in NFL history to win 13 or more games in his first season, and the Jaguars are one of three teams — along with 2005 Patriots and 1999 Colts — to win 13 or more games a year after losing 13 or more. It’s the kind of turnaround that gives players and coaches plenty of confidence heading into their wild-card game against Buffalo. Recent play helps, too. Jacksonville has won eight in a row and nine of 10 since its bye while averaging 32.8 points. The only loss was the largest collapse in franchise history. That 36-29 debacle at Houston in early November still resonates two months later.
Cancel the confetti: Jacksonville has few, if any, elite playmakers on either side of the ball. The team’s only Pro Bowl selection was long snapper Ross Matiscik, and although quarterback Trevor Lawrence, linebacker Devin Lloyd, receiver Parker Washington and safety Antonio Johnson have enjoyed breakout seasons, it’s fair to wonder how far this team can go in the playoffs without any superstars.
4. (10-7).
Six Lombardi trophies in eight Super Bowl appearances.
Lift the Lombardi: Pittsburgh survived a turbulent regular season by winning four of its final five, capped by a heart-stopping Week 18 victory over rival Baltimore that gave the Steelers their first AFC North title in five years. Aaron Rodgers, in his 21st season, appears to be getting better as the temperature drops and the Steelers will have wide receiver DK Metcalf back after serving a two-game suspension for making contact with a fan in Detroit. Throw in a sometimes leaky defense that is still capable of season-shifting plays, and there’s optimism in Pittsburgh that a deep run is possible for the first time in nearly a decade.
Cancel the confetti: The Steelers have dropped six straight playoff games, most of them in blowout fashion. While longtime coach Mike Tomlin says the weight of those failures rests solely with him and not his team, for long stretches during the season, Pittsburgh looked like a playoff team in name only. The offense has been largely incapable of producing big plays and the pass defense is ranked 29th. Rodgers noted the belief in the locker room is high after last week’s stirring rally against Baltimore. Still, the Steelers have been so uneven over the past four months that the idea they can somehow string together four wins seems like a big stretch.
“It’s not about the organization or myself. It’s about this collective, and quite frankly, most of these men don’t care about the last whatever years that you mentioned (without playoff success). Most of them are new to us, and so that’s where my focus is. I’m certainly not going to unpack my bags on the collective’s bed, if you will.” — Tomlin.
5. (12-5).
No Super Bowl appearances.
Lift the Lombardi: The Texans have never reached the Super Bowl or even the conference title game, but the team’s powerful defense gives them hope that this could be their year as they enter the playoffs on a nine-game winning streak. The unit, led by stars Will Anderson Jr., Danielle Hunter and Derek Stingley held teams to 17.3 points and 277.2 yards per game this season to set franchise marks in both categories. The Texans rank third in the NFL with 29 takeaways and their consistent defensive play helped them overcome losing QB C.J. Stroud to a concussion for three games midseason and rally from an 0-3 start to make the postseason for a third straight year.
Cancel the confetti: While the defense has been the best in the NFL this season, the offense never really took off with new coordinator Nick Caley and ranks in the middle of the pack. The group was slowed by a season-long injury to running back Joe Mixon and an ineffective performance by backup Nick Chubb. Rookie Woody Marks has had some success, but will need to improve to help the team be more effective in the red zone. Houston has struggled in that area throughout the season and ranks 30th in the NFL by scoring touchdowns on just 46.30% of its trips inside the 20.
“Our team has been through a lot. What I would say about our team is it really doesn’t matter any way the game shapes up. Whatever we need to do to win the game, we find a way to win the game.” — coach DeMeco Ryans.
6.
(12-5).
No Lombardi trophies in four Super Bowl appearances.
Lift the Lombardi: Josh Allen is coming off two weeks of rest and oversees a balanced offense that features the NFL’s rushing champion in James Cook. The fourth-year running back’s more prominent role this season has taken the load off Allen having to do it all on his own. The late-season addition of Brandin Cooks adds a much-needed speed element to a receiving group that had difficulty stretching the field.
Cancel the confetti: Allen still has a propensity to want to do it all on his own. Though he’s twice rallied Buffalo from double-digit fourth-quarter deficits this season, Allen’s also shown signs of pressing and impatience. He’s been sacked a career-high 40 times, and is 3-5 when committing one giveaway, and 1-4 in outings he’s had two turnovers. Buffalo’s bend-but-don’t-break defense has broken too often in allowing 2,315 yards rushing. Buffalo has lost all five road playoff games under coach Sean McDermott, and is 0-8 — not counting two neutral site Super Bowl losses — since winning at Miami in the 1992 AFC championship game.
“We take a lot of pride in what we’ve done here. And nobody has more internal drive and internal expectations than I do or we do. And very confident in who we are. There’s one thing that remains. We know what that is.” — McDermott on Buffalo failing to make a Super Bowl appearance since he took over in 2017.
7. (11-6).
No Lombardi trophies in one Super Bowl appearance.
Lift the Lombardi: The Chargers are coming off their second consecutive 11-win season and postseason berth under coach Jim Harbaugh. QB Justin Herbert will be playing with a broken left hand (non-throwing) after resting for the regular-season finale against Denver. He racked up 3,727 yards and 26 touchdowns this season. The Chargers have a trio of receivers with at least 50 catches, 700 receiving yards and four TD catches in Keenan Allen, Quentin Johnston and Ladd McConkey.
Cancel the confetti: The banged-up offensive line has been an issue all season. Rashawn Slater was lost in the preseason and then Joe Alt went down six games in. Only Zion Johnson played all 17 games. Herbert went through the wringer nearly every week and still played at a high level despite having surgery on his broken hand. The Chargers rested him and several other starters in Week 18 in the hopes of having fresh bodies for the playoffs. But the O-line will have to better protect Herbert if the Chargers hope to win their first playoff game since 2018.
“I’m sure the more they watch Justin, they realize, ‘Wow, he’s even better than we thought he was.’” — Harbaugh on the Patriots scouting Herbert.
___
With contributions from AP Pro Football Writer Mark Long and AP Sports Writers Kyle Hightower, Will Graves, Kristie Rieken, John Wawrow and Beth Harris.
For the first time in a decade, Denver plans to revamp its residential health regulations.
City officials have been meeting with housing advocates and stakeholders for the past year, gathering input about how they might better protect tenants and maintain housing habitability standards amid a housing crisis and increasing corporate consolidation in the rental market.
In a Dec. 19 memo obtained by The Denver Post, Mayor Mike Johnston outlined a series of proposals that would increase transparency for residents, help tenant organizations better negotiate with management and ensure that problematic landlords address violations and fines before their rental licenses are approved.
Nicol Caldwell, public health manager with the Denver Department of Public Health and Environment, said the agency last updated its regulations 10 years ago — and that was only a minor revision.
“What we’re looking at now is basically a complete overhaul of the ordinance and rules and regulations,” she said in an interview. “It’s gonna be a pretty big effort.”
These changes will come in three different buckets. Internal policies and procedures — such as what inspectors wear and how they fill out forms — can be changed unilaterally by public health leadership. Rules and regulations — such as the minimum temperature a unit must maintain — must be approved by the DDPHE board. Larger changes to Denver’s city code must go before the City Council.
This process began in October 2024 as the city was working on its annual budget. Housing advocates were beating the drum over tenant protections, lamenting a lack of enforcement from city regulators as residents lived in buildings without heat and hot water, or their units were infested with cockroaches and bed bugs.
In response to the feedback, the city agreed to add a public health investigator position as well as an analyst to create a public dashboard for residential health complaints and citations. Johnston also agreed to hold a series of stakeholder meetings with the Denver Metro Tenants Union and other housing organizations to discuss more avenues to protect residents.
“The reality is that there are bad actors out there who are not putting in the work that’s necessary to maintain their properties on a regular basis,” Caldwell told The Post in January 2025.
The mayor’s memo outlined a series of “focus areas” that the public health team will consider during its overhaul, including:
- Requiring landlords to provide tenants with more information about violations and ongoing or completed enforcement actions
- Setting a maximum indoor temperature requirement to address overheating concerns
- Mandating that landlords meet and confer with tenants upon request to discuss property conditions or needed repairs
- Improving communication during the city’s proactive inspections
- Ensuring landlords pay outstanding fines and correct violations before they can renew their residential rental licenses
Some of the changes have already gone live. Members of the public can now find a comprehensive dashboard on the city’s website that tracks residential health complaints, violations and citations for any address dating back to 2022. Renters can now look up a prospective apartment building before they sign a lease, ensuring they’re moving into a space without years of documented problems.
The department previously increased the amount it can fine violators and started applying liens for unpaid fines.
“The ultimate hope is to make sure everyone in Denver, regardless of what type of dwelling they live in, has equal access to a healthy and safe environment,” Caldwell said.
Eida Altman, director of the Denver Metro Tenants Union, called Johnston’s letter “encouraging.”
“It indicated that the mayor’s office hears and understands many of the key issues we have been advocating around, and it signals that the conversation we held over the past year is the beginning, not the end,” she said.
Serena Gonzales-Gutierrez, a Denver city councilwoman, said the discussions are “just the tip of the iceberg.” There’s still a lot more work to be done, she said.
“This is a good example of how our government and community can come together to work toward solutions,” she said in an interview.
Caldwell admitted that recent cases of egregious behavior by landlords shone a light on the need for updated regulations.
The department issued heavy fines and ultimately shuttered a neglected building in Denver’s uptown neighborhood last year that was owned by CBZ Management. The building lacked heat, hot water and working fire alarms.
An investigation by The Post in May found the city has handed out residential rental licenses to building owners with years of documented violations, who continue to neglect their tenants immediately after receiving the all-clear.
The city hopes the updated regulations will be done by the end of 2027 — though Caldwell acknowledged that to be a lofty goal. Public health officials still need to sit down with landlords and apartment associations, as well as other city agencies. The job, she said, is to weigh the pros and cons and find a balance.
“Our job is to ensure everyone has a safe and healthy environment,” Caldwell said. “If that means changing regulations that come with a cost, that would be something we have to do.”
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