Special Education Law Blog

Thomas gets an A for Autism by Amanda Windom

A recent study by the UK's National Autistic Society explores the relationship between children with autism and Thomas the Tank Engine. The research found that nearly 90% of the over 700 children participating liked Thomas very much and nearly 50% of parents reported that their child had learned about colors and numbers from Thomas. The popular train also influenced over 30% of the participating children in positive ways in regards to language. Parents reported that children who did not communicate with typical language were able to communicate with 'Thomas' language. Many parents also reported that children were able to learn about human emotion from the expressions on the trains. Another benefit to children with autism and their siblings is that they can begin to interact by watching a Thomas video or playing with the toy trains together. The overall effect of Thomas the Tank Engine was reported as positive and helpful, not only to the autistic children but to their parents as well. Click on the link above to read the full results from the study.

Here is the Play By Play on the Pending Mercury-Autism Case Post #6

The Autism Diva blog takes readers through the play by play of the autism-mercury case [Autism Omnibus case] pending before the U.S. Court of Claims. She excerpts extensively from the transcripts of the hearings.

Early Diagnostic Test for Autism

Researchers at the University of California Davis have reported on a new study for very early prediction for children to later be diagnosed with autism. The researchers studied young children 12-18 months old. They called out the child's name to see if the child  responded. In 70% of the cases where the child did not respond, later testing revealed that the child had autism.  This study is only one such study and  there could other factors to explain these findings. Given the simplicity of the test, however, parents and their doctors could use this diagnostic to gather data which could lead to very early intervention to treat children with autism in the hopes of better long-terms outcomes.

Parents Fight for Continued Use of Electro-shock

A Chicago couple with an adult son with autism has been fighting for years to continue using electro-shock, as a means of behavioral modification.   The parents, Fran and Robert Bernstein, claimed that a jolt from a cattle prod applied to their son has a calming effect.  The Hot Shot Power Mite is capable of delivering 4500 volts of electricity. Electric shocks of much lesser intensity can have severe physical and emotional effects and can be fatal. I know that this couple believes they know what they are doing and it is for their son's best interests, but the reality is that severe injury or death could result, albeit accidentally.

Improper Restraint Leads to Death of a Child with Autism

In upstate New York a child with autism died while being restrained during transport. The staff in charge of the child drove around and did not seek medical help for an extended period. As a result of these actions and omissions, manslaughter charges have been filed.

The tragedy of this case once again highlights several pervasive issues:

• staff needs restraint training, and needs to have it reinforced over and over again;
• the police and state's attorneys need to take seriously charges of physical abuse short of death, and that do not involve sexual misconduct, as there were previous allegations of physical abuse;
• norms of behavioral intervention and planning need to be codified in IDEA and regulations;
• we need to take every opportunity to reinforce the humanity and sanctity of people with disabilities, so that we will no longer see this level of indifference;
• use of aversives and other forms of painful behavioral intervention need to be made illegal at the Federal level;
• systematic positive behavioral intervention needs to be taught and reinforced at all levels of administrative, teacher, and staff training.

Without such positive steps and more, such tragedies are not a question of whether but of when.

CDC New Autism Prevalance Study

The CDC has issued an extensive study [ADDMN study]  on the prevalence of autism.  Download Autism Community Report.pdf .  The findings are far from encouraging. This study more clearly than ever demonstrates the epidemic nature of autism among children. A study based on 10% of 8-year old children in the U.S. determined an overall rate of 1 out of 150 children had autism, a much higher rate than previous studies had shown. That finding is simply astounding,  and yet every day too many school personnel have incredibly limited expertise of how to educate and support children with autism. ( I will be posting later on this topic regarding other studies that bear out this point).

The study also reviews data and demographics across a number of states with some startling conclusions. In New Jersey nearly all 8 year children on the autism spectrum are receiving special education services, but in Maryland a large number are not being serviced, and the percentages of students receiving special education dropped over a 2 year period. Lots of other data that needs to be unpacked and analyzed.

Brain Study Leads to Greater Understanding and Interventions for Autism

A very recent study investigating the brains of individuals with autism has discovered deficits in the "mirror cells" of the brain.  The function of these cells is believed to allow developing brains to learn from and mirror the actions of others around them.   This study may lead to new therapies including a  more focused use of biofeedback.

File and Win?

New York Magazine has just published an article called The Autism Clause. The article details the "cottage industry" of parents' lawyers suing to have children with autism placed in for-profit private schools at a cost of millions to the City of New York. While the article does get some facts right about special education correct (e.g. parents have the burden of proof at due process hearings), it proceeds from the simplistic assumpton that parents simply need to "file and win."  If it were only that simple for parents around the country.  I do not practice in New York, but this premise is just a gross oversimplification of the trials that parents go through to receive an appropriate education for their children.

Autism-Mercury Science Rejected

There has been a recent case where the science linking between mercury and autism has been thoroughly rejected. The author of the article seems to be on a mission to discredit any and all evidence of a mercury-autism linkage.

Autism-Mercury Case On Track for Federal Court Trial

There has been much debate with charges and counter-charges over the linkage between autism and mercury (thimerosal) that was used as a preservative in various vaccines given to children.  Up until now the cases have been routed to the special Federal Court of Claims under the 1986  National Childhood Vaccine Injury Act. This court has been dubbed the "vaccine court" and it issues decisions without a jury on a no-fault basis, and many believe that the awards are lower than would be awarded in court in a case tried before a jury. 

In March 2006, the Court of Appeals for the 5th Circuit based in New Orleans issued a ground-breaking decision in the case Holder v. Abbott Labs. [ Download Holder_v. Abbott Labs.pdf ]. This case for the first time opens the doors of federal court to jury trials to hear parents' cases alleging that mercury/thimerosal caused their child's autism.