Special Education Law Blog

School Violence Today is Really About Gun Violence

Violence in schools appears to many to be a recent problem. However, violence in schools did not start with Columbine.  Interestingly violence in schools has a long history in the good old fashioned one room school house. Apple for the teacher and a rock through the window! The difference is that given the prevalence of guns in this country violence becomes lethal and at times on a large scale basis. Jonathan Zimmerman, a History Professor at NYU, in a recent commentary in the Philadelphia Enquirer observes that:

"We've always had school violence, and we've had youth gangs for a long time, too. The new factor is gun possession, plain and simple."

Taking a historical view of school violence should finally lay to rest the other prevailing view that school violence is a byproduct of special education inclusion. Inclusion is not the driving force behind school violence especially since in the 19th and early 20th century there was no inclusion, but there was still school violence.  The horrible tragedies occurring in our schools are the result of a failure of our society to control guns, not the promulgation of IDEA or its predecessor Act first enacted in the 1970s.

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 Study Shows One in A Hundred Children Have Autism

A recent Federal study shows that the actual number of children who have autism is not 1 in 150 as previously reported but 1 in 100. It is unclear whether it is an increase in prevalence or an increase in diagnosis. The Atlantic Monthly reports that the increase in numbers is a result of the fact that an autism diagnosis paves the way for funding. While there may some truth in this story from the Atlantic Monthly, in my experience and in discussions with several therapists, there is an absolute increase in the number of children with autism. Schools are generally not well equipped to handle the numbers of students in the system now. If in fact that there will be many more students who are going to require special education for autism, schools will need  to significantly revamp their programs to address the numbers and increased needs.

Movie "Tropic Thunder" Appears to Cross Lines of Decency for People with Disabilities

I have never been much of a Ben Stiller fan. Now is another reason for me and perhaps others to dim his star as an actor. The  Dreamworks movie Tropic Thunder, which stars Ben Stiller who also wrote and directed the film, due to be released next week apparently uses many outdated and degrading terms and depictions of  people with disabilities. I have not seen the movie yet so I can not register a full opinion.  It appears from preview information that again the mainstream community still has no realization that denigrating descriptions of the disabled are as hurtful, hateful and outdated as similar statements against groups based upon age, religion, gender and race. It appears, however, that executives from Dreamworks are willing to meet with disability rights groups to discuss their concerns which to me should be obvious based upon available information. Dreamworks has also taken a website that was promoting the movie off the internet. That million wheelchair march is sounding more important by the day!

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.

Large Genetic Study for Basis for CP is Underway

The amount of research or advances as to the understanding of the causes and remedies for Cerebral Palsey ("CP") has been pathetically little. Most treatment consist of surgery or bracing which have been around for decades without much change in technique or success rates. Other than the baclofen pump  and botox (yes it  is used for things other than wrinkles) there have been few new medical avenues to address the spasticity that children and adults with CP often face. There is some hope on the horizon, however,  with a large genetic study about to begin as to the possible genetic basis for this disabling condition.

Obama Endorsed by Teacher's Union-AFT

Senator Barack Obama today was endorsed by the AFT, a national teacher's union, which is an organization that traditionally has been antagonistic to the rights of special needs students. At the same time he was addressing this endorsement, he called for changes to NCLB (specifics?) and more money for IDEIA. Is he playing both sides of the street? Stay tuned, as details about his positions regarding special education hopefully come into greater focus. Here is the full text of the endorsement and Senator Obama's remarks.

Education Drops as a Campaign Issue

A recent poll revealed that economic issues have overtaken education as the top issue on the minds of voters this Fall presidential election. Education was the number one issue but has dropped to third. There is no break out for where special education falls in the overall rankings. Download Education_drop_polls.doc I would suspect not even close to third.

Candidates on NCLB and IDEIA?

Where the candidates stand on IDEIA or NCLB is largely unknown. Here is a guide that offers some minimal guidance on the respective positions of McCain and Obama. Please note that the description of NCLB in this article leaves a lot to be desired, and ignores the ramifications of NCLB for students with special needs that is nicely described by my friend Sandy Alperstein. We need to insist on more detail regarding respective positions on IDEIA and NCLB as the campaigns gather steam in the coming months.

Poor Kids Losing Out In City Schools

Recent data from the U.S. Department of Education shows that being poor is directly correlated to educational achievement.  This report does not break out students with special education needs but there can not be any question that as awful as these numbers are for poor city children, they would be geometrically worse for poor students with special education needs. The question that remains unanswered is why Washington D.C. lags even when other factors are factored out. I guess before the current Prez takes his "victory lap" as the "Education President" he should look in his immediate backyard to see how many children are being left behind and will be in the future.