Special Education Law Blog

Common Psychiatric Drugs Linked to Weight Gain and Possible Elevated Cardiac Risks

Some of the most common psychiatric drugs, Abilify, Risperdal, Seroquel and Zyprexa, have been linked with significant weight gain in children. These drugs have also been linked with elevated levels of cholesterol, triglycerides and diabetes and possible long term cardiac risk.  Schools often pressure parents to have students begin taking these powerful drugs. Legally under IDEIA schools should not be having this conversation. Practically, this conversation should only take place between the family and their physician. These medications can be an important part in addressing the symptoms of disability, but decisions about their use must weigh the significant short term and long term risks.

Special Education a Risk Factor for Violence in Chicago Public School's Model

Ron Huberman, the CEO of Chicago Public Schools, has unveiled a plan [Download Students_At_Risk pdf]to address violence in and around schools in the wake of the tragic killing of Derrion Albert, a Chicago Public School student, who is the latest victim of violence that was captured on video and posted online. The plan is based upon statistics that reveal the killings and violence are not totally random.  The data shows that the students at highest risk of violence are:

" most likely black,male, without a stable living environment, in special education,skipping an average of 42 percent of school days at neighborhood and alternative schools, and having a record of in-school behavioral flare-ups that is about eight times higher than the average."

The new model is also leading to a rethinking of the security policy to favor mental health interventions and prevention over policing and punishment. To me the sum total of this model reveals that suspensions, expulsions are simple and summary answers to deep-seated and complex mental health, learning and economic problems. This model is not the first time that the City has studied this issue of school violence. Perhaps the very public death of Derrion Albert will actually lead to more thoughtful data-driven actions that will start to make a difference.

Thank to my cousin Mark Mlawer for bringing this NYTimes article to my attention.

New Approach to Reduce Suicide Attempts Among Teens at Risk

A recently published report addresses a new approach to teenage suicide attempts. The report is summarized as follows:

"A novel psychotherapy used in the study—cognitive behavioral therapy for suicide prevention (CBT-SP—was developed to address the need for a specific psychotherapy that would prevent or reduce the risk for suicide reattempts among teens. CBT-SP consisted of a 12-week acute treatment phase focusing on safety planning, understanding the circumstances and vulnerabilities that lead to suicidal behavior, and building life skills to prevent a reattempt. A maintenance continuation phase followed the acute phase."

The preliminary findings of this report, although based upon a small sample,  show real effectiveness in address this pressing issue. I hope school social worker and psychologists will review the findings and take stock of the need for intensive therapy to addresses the lethal risks.

This past year I have had at least double the number of teen clients who have had severe mental health issues and many of them at risk of suicide. The response from the schools has varied from total denial of the issue, to avoidance of the issue, or claiming it was merely a family issue having nothing to do with the educational needs of the child. I had one school social worker claim that the student was not hearing voices since he had never seen him conversing to someone who was not there. When asked if he had actually asked the student the basic question "are you hearing voices" he finally admitted that he had not, but claimed there was no basis to ask the question since he never observed anything unusual making the whole discussion quite circular.  He persisted in this argument despite the fact that parents had emailed and report their child's unusual behavior to the social worker.

The unfortunate fact is that the risks of suicide for teens are real and apparently increasing. School personnel need to be vigilant and mindful when parents report aberrant behaviors, depressive patterns and other risk factors.

Painful Failure of the Special Education System

The following is a speech given to a local autism support group. The speech is from the parents of a young adult who was diagnosed as being on the autistic spectrum in his late 20s, after his time in school had passed, and as discussed below well too late to prevent tragic consequences. I publish this with the permission of the parents of this young adult with the hope that their pain may spare others the same tragedy. There are many lessons to be learned from this story: keep a close eye on your student's use of the internet, social development is often more important than academic, transition planning for self-sufficient and safe outcome can not be emphasized enough, and sex education that is meaningful for students with special needs is even more important than for other students.

Milwaukee Public Schools Cited for Excessive Use of Suspensions

Milwaukee Public Schools have been cited in a recent report  for the overuse of suspensions.  Over reliance on suspensions reflect a lack of effective positive behavioral interventions in favor of "remove the child, remove the problem." The reality is that when the student comes back to school he or she is even more likely to offend again because he or she is now behind in work, class is not relevant and so the cycle goes. The process too often ends with students with special needs dropping out or becoming involved in criminal activity while out of school on suspension. I fully appreciate that order and discipline need to be maintained in school but more constructive and positive means need to used to prevent this harmful cycle that does not help students, schools or the larger community.

Naperville, Illinois Teacher Injured in Classroom Sues District

Paula Jackson, a special education teacher in Naperville , Illinois is suing her school district because of physical and emotional injuries she suffered during an altercation with a 4th grade student with special needs. This story is unfortunate no matter the perspective. Any time staff  a teacher is injured while working with a student my sympathies go out to the teacher. However, even from the small description of the case in the news story that the student had serious behaviors on a frequent basis suggests to me that his IEP was likely not appropriate and the system failed both the student and the teacher. The incident where the teacher was injured she was removing a chair from his hands after he was in a full blown tantrum. I do not know if there was a behavior plan or whether the teacher has crisis intervention training. In my experience generally (and not in specific regarding this district) is that she likely did not have adequate training, the staffing may have been insufficient and and the plan lacking or altogether non-existent.  In those instances where staff is injured lack of training, staffing or planning (or all three) are a prime cause or factor. There is a large body of information as to how to address behavioral issues in school that need to be employed, so that staff and student are not injured, and teachers are able to teach and students are able to learn.

Illinois Police Joining Other States in Special Training for Working with People With Autism

The Chicago Tribune had a recent article on ongoing training efforts to allow more effective police work with people with autism.  Download Illinois police autism training.doc Among the tools being used by local area police departments:

"Wilmette officers now carry flash cards in their patrol cars to better communicate with autistic people who may struggle to respond verbally.

Northbrook authorities have a wallet-size card cuing them on how best to approach someone with autism-calmly, slowly and, if possible, without flashing lights.

In Naperville, youth officers next month will huddle with educators from the local school district to get tips on interviewing autistic children."

A great first step towards training police to avoid tragic and harmful consequences for children and adults with autism.

Individualized Therapeutic Approach Helps "Hopeless" Students

Too often the emphasis is on the failures of students especially those with severe emotional and behavioral issues. These students are considered a lost cause. The Foundation School has developed a highly individualized therapeutic approach is turning around the lives of students that the system had otherwise given up on. The last I checked they do not build their approach on aversives such as electrical shock, and achieve remarkable results with students going on to productive lives. Creativity, highly tailored programming on an intensive basis is what is required to reach students who have significant needs but the rewards are great in human and economic terms.

Discipline: That Delicate Balance

I believe that for many students with special needs there are many behaviors, from speaking out of turn to physical acting out, which are not fully culpable and should in no way be treated as criminal or subject to the ordinary code of conduct of schools. This statement is my personal gloss and a version of what the law states. Having stated that, when children with special needs act out especially when it is highly inappropriate or injurious to self or others, that occasion presents a critical teachable moment which does not necessarily include punishment. Crafting that teachable moment requires balanced team decision-making. Unfortunately that decision-making is frequently after a serious behavioral episode, when staff, parents and student are all in a highly agitated state and balanced and rationale discussions are not on the menu of options.

On many occasions I have discussed and debated discipline  and behavioral planning with opposing counsel. Not surprisingly the balance seems clearer to them; their first and primary responsibility is to maintain order, with punishment being a required element. I believe that the law and common sense demand a much more complicated balance, weighing many factors including the student's disability and how to best modify behaviors. Of course, we as parents have an important role as well, which realistically should not include writing our children a blank check because he or she is disabled. The optimum outcome of the special education process is that our children come out of the system to move into adulthood with foundational skills  academically and vocationally, but even more with the ability to behave appropriately.

A recent New York Times story,  documents a few of the worst abuses of behavioral intervention in schools in the U.S. and Canada in the recent past. Balanced approaches, at times of crisis, go out the window.   At these times people get hurt or even killed; often the person on the losing end is the child with special needs. Dr. Peterson, a Professor of Special Education, nevertheless, struck a hopeless  note regarding behavioral intervention when he stated:

“It’s damned if you do, damned if you don’t,” Dr. Peterson said, and it reflects the level of confusion there is about this whole issue.”

Personally, I do not agree with Professor Peterson. Good training,planning and thoughtful staffing minimizes the risks and increases the potential for good and safe outcomes. There does not need to be so much ongoing "confusion". We know what needs to be done; it is critical that we apply safe, humane and effective means of behavioral intervention.

U.S. Supreme Court Refuses to Review Rights of Students Regarding Corporal Punishment

The U.S, Supreme Court in the case Serafin v. School of Excellence in Education (Case No. 07-9760) refused to review a case brought by an 18 year old student for injuries she suffered when she was paddled in school for a minor infraction of  school rules. This case could have had far reaching consequences relating to student's substantive rights in school (perhaps even special students). Given the current environment, that is so excessively focused on order even at the expense of law this case should not be so surprising.