What Parents Need to Know: Navigating Title IX Cases in the Autism Community

At ABS Kids, we are dedicated to supporting families through every challenge, including navigating complex issues like Title IX. Understanding how these laws apply to autistic children can empower parents to advocate for their kids and ensure fair treatment in school settings.

By Jeremi Fulmore, Communications Associate at ABS Kids

Title IX is a federal law that addresses sexual misconduct allegations in schools. But when your child has autism, navigating these cases can be especially unique and challenging. Jessica Wilbur, an ABS Kids employee, recently shared her son Christopher's story on our Autism Weekly podcast, highlighting how a misunderstanding at school led to a Title IX investigation for sexual harassment. 

Christopher, an 11-year-old on the autism spectrum, has always been fascinated by logos and badges. He sometimes has difficulty with personal space and that led to an incident where he touched a classmate's shirt, which was perceived as inappropriate. Christopher’s behavior, rooted in his natural curiosity about a logo on a classmate’s shirt, led to a Title IX investigation after a formal complaint was made by the other family. This is part of the process schools must follow to ensure all concerns are addressed fairly. While protective measures, such as Chris having a parapro on the playground or separate recess times, were in place, the formal investigation provided an opportunity for both families to understand the situation more fully and reach a resolution. 

This was a devastating experience for Jessica, who had to advocate for her son while ensuring the school understood his neurodiversity. 

Here’s what families should know about navigating Title IX cases when neurodiverse children are involved: 

1. Ensure your child’s Individualized Education Program (IEP) includes any behaviors that could be misunderstood. In Christopher’s case, his fascination with logos and badges was documented, which helped clarify his intentions. 
2. Ask the school for a safety plan that outlines specific support strategies, especially in unstructured environments where misunderstandings could arise. 
3. If your child is facing a Title IX investigation, communicate openly with the school about their disability. You can request an informal resolution to avoid the full Title IX process. 
4. Start early by teaching your child about personal space, appropriate touch, and social boundaries. This can help prevent misunderstandings as they transition into new environments.

If your child is involved in a Title IX case, remember you’re not alone. Resources like IEP teams and Title IX experts can help guide you through the process and ensure your child’s rights are protected.  

For more information, listen to our Autism Weekly podcast featuring Jessica Wilbur and her lawyer Tessa Muir below. 

In her Autism Acceptance Month blog, Jessica Wilbur shares her personal journey raising two children with autism. She reflects on her son Chris’ 2015 diagnosis, the initial sense of being overwhelmed she felt, and her determination to support him through this journey.  

Her story emphasizes the importance of advocacy and a strong support system, offering encouragement and insight to families navigating similar challenges.