A four-year court battle over the rights of autistic children in our schools must be thrust back into the political realm, says a local parent and activist.

Susan Fentie, founding member of the Ontario Autism Coalition, is disappointed by a recent Supreme Court of Canada decision not to hear an appeal of a $1.2 billion class-action lawsuit against the provincial government. The decision is a slap in the face for parents and their autistic children, she said.

"Kids still aren't getting what they need in school, that's the bottom line. It appears that there's nobody who cares except for their parents. That's pretty darn sad."

Autism is a brain disorder that affects communication, social interaction and behaviour. A group of parents filed the lawsuit in 2004 alleging the government is bankrupting them as they're forced to pay out of pocket for expensive private treatments like intensive behavioural intervention (IBI). They can't get that treatment in schools, where the government promised it would be delivered in 2007. It's a basic need for autistic kids, Fentie said.

"If a six-year-old brought home a note from the school board that said there'd be no more math or language in the program from now on people would be completely outraged." she said. "Look, this is my kid's math and language."

Bruce McIntosh, co-founder of the autism coalition, called the court decision a blow to parents.

"If the politicians aren't doing the right and fair thing, and the courts won't tell government how to spend money, exactly where do you go?"

The Thornhill resident said the decision is now squarely back in the hands of politicians, who must act.

Parents are regrouping, said Taline Sagharian, one of the principal claimants in the lawsuit. Over 1,400 autistic children are on wait lists to receive IBI and in many school boards it's impossible to access, she said.

"There is no question the issue is still alive," she said. "Unfortunately, the fight will continue, one way or another."

Sagharian said they could again refocus on politicians or keep working through the courts. They still have options, but the battle is draining.

"You would think that it would be enough just to raise an autistic child and the challenges that that presents," she said. "To have to fight for their basic rights too, and to keep hitting a wall every time, is really, really tough."