Special Education Law Blog

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.

Behavioral Checklist for Schools and Parents

Schools are frequently in a hurry to call things behavioral, manipulative or purposeful when they are confronted with situations that are challenging. In this instance, "behavior" has a negative connotation, unlike the IDEA definition which is value neutral. The following are some suggestions for school personnel and parents to engage in a more positive discussion and to help tease out behaviors from other factors.

Aversives Policy in New York State Still a Problem

This posting is a followup to an earlier posting. To contact the New York Board of Regents regarding this issue click here.

Shocks From the System (New York Times Op-Ed)

    By MAIA SZALAVITZ

    ALTHOUGH the New York State Department of Education bans corporal punishment, each year it uses taxpayer money to send dozens of children with emotional or learning disabilities to schools that use physically and mentally abusive forms of behavior modification. These include electric shocks, seclusion and sleep and food deprivation. Because these punishments are euphemized as "aversive therapy," they have until recently stayed under the department's radar.

 

School District Acts Shamefully in Danville, Pennsylvania

This will be the second posting this week where the school district involved the police to inappropriately address issues involving children with special needs. It appears that their New Year's Resolution was to call the police more frequently and for matters that should be addressed inside the school building. 

School Discipline Lacking Common Sense

I thought I had seen strange things in schools in the this area but the blog zero intelligence has compiled an impressive roster of the truly bizarre--Ripley's has nothing on this lineup. Here are some of the strange events which have been recently featured:

• a student who was acting as a designated driver drove and picked up friends at an off campus party where alcohol was being served. For this act of public safety he was suspended 20 days;
• a student was suspended (later repealed) for weapons violations for folding paper into the shape of a gun;
• a student was charged with a felony for bringing a butter knife to school;
• under Indiana law a student can be suspended or expelled for actions taken "any where and at any time" even if the action has no geographic relationship to the school or any connection to a school activity no matter how remote;
• a student was charged with sexual assault and sexual harassment for streaking in his underwear during homecoming when he accidentally bumped into a science teacher;
• an honor roll student held up a 1 oz. test tube of beer (she did not drink it) and received a 6 week stint in an alternative school [probably will not be on honor roll when she gets back];
• Janesville, Wisconsin High School students beware; there have been 7 expulsions this year almost equaling the total for all of last year.

I understand the need for school discipline and order in schools.  The point is that arbitrary and irrational applications of rules does not encourage respect for the system, it undermines it.  Historically, there seem to be spike in this kind of irrationality, especially in the  wake of real and tragic school violence in the headlines like we have had this last week.  Talk to your children at all grades to be extra vigilant of staying clear of the deans of discipline, especially if there is a shortage of common sense in your district.

Next Time Just Ask....

Behavior, behavior, behavior everything is a behavior in the minds of many school people. Sometimes my head could explode trying to explain to school people that if you simply asked some basic questions, you would discover that there are other non-behavioral explanations for actions of students. Failing to ask, everything appears to be a behavior. Here are some prime anecdotes that illustrate the point.

Electric Shock and Extreme Aversives To Be Approved in New York--Action Needed !

Dee Alpert who is the publisher of the Special Education Muckracker website has written the following call to action to stop the adoption of rules that will allow the use of  electric shock and extreme aversives against children with disabilities in New York State. Action is needed now. If you live in New York State write to your state officials. If you live outside of New York write to Secretary Spelling and your local Congressperson or Senator. If you have contacts in the media or in the public relations industry, please contact them to bring as much attention and pressure against this rulemaking action. Below is the letter from Dee Alpert that she has asked to be widely disseminated to protect children in New York and in other states, so New York will not serve as a precedent for other states.

Self Cutting is A Serious Behavior

I was recently at an IEP meeting at a local high school and the school staff said something that stopped me in my tracks. "Self cutting behaviors are common and are not a real red flag of serious mental health issues." I was amazed ! As I probed and protested that this statement could not be right, they dismissed my lack of credulity as being an inter-generational lapse. In effect self cutting was a fashion statement.  Since that meeting these statement have been on mind. My research reveals that, just as I suspected, self cutting is an indicator of serious mental health needs and should be taken very seriously; no fashion statement here.

New Study on Juvenile Justice and Special Education

A new study  from Indiana reveals severe short comings in the juvenile justice system. Overworked public defenders who lack sufficient training and motivation are among the findings.  Many children go without representation or at best perfunctory representation in court. For special education students the findings of the report are especially troubling.