Special Education Law Blog

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which stars Ben Stiller who also wrote and directed the film, due to be released next week apparently uses many outdated and degrading terms and depictions of  people with disabilities.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mainstream community still has no realization that denigrating descriptions of the disabled are as hurtful, hateful and outdated as similar statements against groups based upon age, religion, gender and race.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.

Integrated Pest Management in Schools by Charles Fox and Amanda Windom

New research conducted by the California Department of  Health suggests a link between autism and in utero exposure to endosulfan and dicofol, organochlorine  pesticides that are banned in many countries, but still used in the United States.  The study, published by Environmental Health Perspectives, is the first to explore the connection between maternal residential exposure to organochlorine pesticides at different concentrations during key periods of gestation and risk of ASD (autism spectrum disorder) in children.  ASD risk increased with poundage of organochlorine applied and decreased with distance from field sites.  The study concludes that risk for ASD was consistently associated with residential proximity to organochlorine pesticide applications during critical periods of embryonic development.  The study also states that the possibility of a connection requires further study.

Many pesticides, rodenticides and other toxins applied in public spaces operate on the nervous system of the targeted pest. The application tends to be around base boards/floors where younger children spend much more time than adults or older children making them more vulnerable to the effects of these neurotoxins  Over time these chemicals can have particularly negative effects for students with special needs who often have immune system deficits or nervous systems that have already been injured in some way.  The effects of neurotoxins in schools, in my opinion, is factor that is rarely considered when IEP teams convene to consider behavioral or learning issues.  Only the most obvious situations, like overgrowth of toxic molds, are ever even considered as a problem typically because the effects are widespread and not subtle.

According to Science Week pesticide poisoning is a commonly under diagnosed illness in the U.S. and can resemble acute upper respiratory tract illness, conjunctivitis, and gastrointestinal illness.  Studies have also shown a 50-70% increased risk for Parkinson's Disease with exposure to herbicides, insecticides, and pesticides.  Exposure to chemicals, including pesticides can cause multiple chemical sensitivity (MCS), a disorder which is triggered by exposure to chemicals in the environment.  Use of chemicals in schools can prevent children who have MCS from having access to a mainstream education.  For example, two children in Maryland were forced to attend a home school program when their school was being reroofed and sprayed with pesticide. (case law 18 IDELR 1041).
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New Fast Test for Meningitis

The FDA has approved a new fast test that distinguishes between viral and bacterial meningitis.  In my experience, many students with special needs have less developed immune systems, and therefore may be more vulnerable to serious infections of this nature which seem to hit schools with some regularity.  The importance of this new test

"Knowing whether the meningitis is viral or bacterial is imperative to early effective treatment. But distinguishing between the two types of infection is difficult because of similar symptoms. Patients with viral meningitis usually recover within two weeks without any medical intervention. Bacterial meningitis, however, can lead to brain damage, hearing loss and even death if not treated properly."

It would be advisable to inquire if your doctor or local hosptial has access to this new test.

U.S.House Approves Stem Cell Bill

The U.S. House approved a bill to permit funding of stem cell research. The vote, however, was not the 2/3 needed to override an expected veto from President Bush. So the political struggle continues to get federal funding restored.