Showing posts with label Special Education. Show all posts
Showing posts with label Special Education. Show all posts

Friday, May 29, 2020

Washtenaw County Democratic Party Special Education Summit, 6/18 @ 6-8 pm

from the Washtenaw County Democratic Party:

Special Education Summit, K-12
June 18 @ 6:00 pm - 8:00 pm


The Washtenaw County Democratic Party is working hard to tighten our connection to the community and serve as a bridge between politics and people. Since parents have started crisis schooling, many of the gaps in our education system have been exposed. What does the “sense of urgency” in our response say about our commitment to educational equity? The WCDP’s Dems Care has organized the Special Education Summit to address this question. This event will include a number of speakers as well as several breakout panels with experts in the field. These panels include:

  • The Tea Room: Open discussion for parents
  • How Stuff Works: IEPs during COVID-19, summer resources and services
  • Advocacy is Self-Care: Special education advocacy
  • Big Changes: Social-emotional support, advice for families with students who were in self-contained classrooms
  • Ally/Working with Families and Intersections: How to support non-parent allies including teachers, social workers, and service providers
More information is forthcoming including a link to the Zoom meeting.

Thursday, October 10, 2019

Wrightslaw: Ann Arbor Special Education Conference, November 3, 2019

Wrightslaw has been providing information on special education law and policy since at least 1993. Their Website has tons of material on special education with links to original sources so that you can learn directly about the law. They include answers to frequently asked questions from parents. Their materials are not disability specific, which means that they connect you with the underlying principles that are the basis for the federal Individuals with Disabilities Act and anti-discrimination laws that apply to all children with disabilities.

That said, they do charge for conferences and sell books and training manuals on their Website. Other offerings are free and available by signing up or just following links.



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Wrightslaw Special Education conference in Ann Arbor:

Sunday, November 3, 2019 

10:30 am to 6:30 pm
at Kensington Court Hotel,
3500 S. State St., Ann Arbor, MI 48108

The ticket price is $150.00

Ticket includes: lunch, snack, a Wrightslaw highlighter pen and the three Wrightslaw books which retail for $62.85 - Wrightslaw: Special Education Law, 2nd Edition, Wrightslaw: From Emotions to Advocacy, 2nd Edition, and Wrightslaw: All About IEPs.

To register, go to WWW.DOWNSYNDROMESUPPORTTEAM.ORG/WRIGHTSLAW


Wednesday, October 4, 2017

Comments to the U.S. Dept. of Education on Regulatory Reform: "Inclusion"

The following are my comments to the U.S. Department of Education request for comments on "Enforcing the Regulatory Reform Agenda E.O. 13777"

by Jill Barker, Ann Arbor, Michigan

With all the emphasis on children with disabilities being served in regular classrooms, usually referred to as “Inclusion”, there needs to be clarification that IDEA and its regulations assure all children with disabilities appropriate educational services and placements.


I have two adult sons, 32 and 41 years old, who have profound intellectual and developmental disabilities. They both attended High Point School in Ann Arbor, a school that specialized in students with the most severe and complex disabilities in Washtenaw County, Michigan. Regular classrooms were in no way appropriate for them, even with special supports and accommodations. At High Point, they experienced the best care and educational opportunities available in a loving and supportive community. 

I have no regrets, but I know the pressure has been on school systems for many years to eliminate schools like High Point in the name of an erroneous and misplaced desire for all students to be “included”.

The following is an article I wrote for The DD News Blog in celebration of my son Danny’s 40th birthday. It is just as relevant today as it was a year ago.

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Excerpts from...

The DD News Blog
Monday, October 3, 2016

My son Danny is forty years old this week. He has multiple disabilities resulting from brain damage acquired during his first few days after birth. He functions at the level of a 6 to 12 month old infant and always will. And, yes, I know he is not really an infant. We do not love him less because he lives and survives with profound developmental disabilities.

I’ll spare you the details of his birth and the aftermath. It’s enough to say that while the other mothers whose babies were being discharged from the hospital were learning how to give their babies a bath, I was receiving instructions on how to administer Cardiopulmonary Resuscitation to an infant.

I first heard the term Inclusion around 1990. Danny was 13 years old and attending High Point School in Ann Arbor. High Point was an outstanding program for Danny, bringing together services, expertise, anda supportive community to accommodate children with the most severe disabilities, including complex medical and behavioral conditions.

Inclusion, when applied to schooling for disabled children, is the belief that all children, regardless of the severity or nature of their disabilities, can and should be educated in regular classrooms with their non-disabled peers. 
Inclusion was promoted by many disability advocates as a “right” for every child. Most discussions of the idea did not include an examination of whether the premise on which the belief is based is true for every child or whether it is required by the federal Individuals with Disabilities Education Act (it is not). In the face of any disagreement with the idea, promoters of inclusion encouraged families to take sides: “Are you for ‘Inclusion’ or against it?” Or as many advocates would have it, “Do you want disabled children isolated and segregated from the rest of society or do you want them to be fully integrated into and embraced by ‘the community’”? This continues to this day. See "Choosing Sides On School Inclusion" from the Huffington Post, 8/22/16.

... the uncritical acceptance of the Inclusion Delusion disregarded a number of moral and ethical questions: Is it right to make judgments about “ all children with disabilities” without considering their individuality and acknowledging the full range of their diverse needs? Do advocacy organizations or government agencies have a right to impose on children and their parents an all-encompassing doctrine when the parents and others who know the child best have good reason to disagree? Is Inclusion the ultimate goal of educating children with disabilities or are the needs of the individual child paramount in determining educational services and placement? Is Inclusion a cause that must be served, whether or not it is appropriate for a specific child?

… In the mad dash to close institutions and many other specialized programs for people with disabilities, the people directly affected by these closures were rarely asked their opinion early enough in the process to make a difference. Instead, advocacy groups, especially those that receive federal funding to promote their causes, claimed to represent people with disabilities and swooped in with all the answers: No one would choose to live in an institution or group home, work at a sheltered workshop, attend a day program with other people with disabilities, or live anywhere but in their own home or at home with their family. All people with disabilities can and should live independently, make all their own decisions, and work in integrated, competitive work settings.

The truth is that there are people with disabilities who can do only some of these things, some who can do none of them, and some who choose to do things differently than other people with similar disabilities. They have been marginalized. The closure of programs and services that meet their needs has been justified with the promise that closing programs that no one wants, according to the advocates, will pay for more services to more people, “in the community”. This is unlikely to ever be realized as states see “savings” as opportunities to fund more popular government- supported programs (such as fixing potholes), to reduce taxes, and to continue to ignore many of the needs of people with disabilities. Attempts to develop innovative family-initiated projects to serve and house people with disabilities that may actually save money in the long run are also being thwarted by advocates who fear any incursions into the territory they have claimed for themselves as the representatives of all people with disabilities....

Tuesday, October 3, 2017

Federal Regulations on Least Restrictive Environment and Placement in Special Education

October 3, 2017

The term Least Restrictive Environment (LRE) is often referred to as if there were a hierarchy of special education placements for disabled students. This is usually interpreted to mean that the Least Restrictive setting and the most preferred for all children is the regular classroom with students who are not disabled. In truth, the regulations for the Individuals with Disabilities Education Act (IDEA) clearly leave the determination of LRE up to the people who write the IEP, including the child's parents, and allow for the possibility that settings other than a regular classroom may by the least restrictive based on the needs of an individual student.

The following are IDEA regulations for LRE and Placement of students with disabilities.

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Least Restrictive Environment (LRE) [with emphasis added]

§300.114 LRE requirements.

(a) General. (1) Except as provided in §300.324(d)(2) (regarding children with disabilities in adult prisons), the State must have in effect policies and procedures to ensure that public agencies in the State meet the LRE requirements of this section and §§300.115 through 300.120.

(2) Each public agency must ensure that—

(i) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and

(ii) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(b) Additional requirementState funding mechanism—(1) General. (i) A State funding mechanism must not result in placements that violate the requirements of paragraph (a) of this section; and

(ii) A State must not use a funding mechanism by which the State distributes funds on the basis of the type of setting in which a child is served that will result in the failure to provide a child with a disability FAPE according to the unique needs of the child, as described in the child's IEP.

(2) Assurance. If the State does not have policies and procedures to ensure compliance with paragraph (b)(1) of this section, the State must provide the Secretary an assurance that the State will revise the funding mechanism as soon as feasible to ensure that the mechanism does not result in placements that violate that paragraph.

(Approved by the Office of Management and Budget under control number 1820-0030)

(Authority: 20 U.S.C. 1412(a)(5))

§300.115 Continuum of alternative placements.

(a) Each public agency must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.

(b) The continuum required in paragraph (a) of this section must—

(1) Include the alternative placements listed in the definition of special education under §300.39 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and

(2) Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.


(Approved by the Office of Management and Budget under control number 1820-0030)

(Authority: 20 U.S.C. 1412(a)(5))

[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 29759, June 30, 2017]

§300.116 Placements.

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that—

(a) The placement decision—

(1) Is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and

(2) Is made in conformity with the LRE provisions of this subpart, including §§300.114 through 300.118;

(b) The child's placement—

(1) Is determined at least annually;

(2) Is based on the child's IEP; and

(3) Is as close as possible to the child's home;

(c) Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled;

(d) In selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs; and

(e) A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.

(Approved by the Office of Management and Budget under control number 1820-0030)

(Authority: 20 U.S.C. 1412(a)(5))

Comments to the U.S. Dept. of Education: Part 2 on Transition Services

October 3, 2017

This is a continuation of comments from Caroline Lahrmann to the U.S. Department of Education in response to to Executive Order 13777 that requires federal agencies to evaluate and implement measures to lower regulatory burdens on the American people.

See Part 1 on issues related to special education in disability specific settings. 

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....

Transition Services (34 CFR 300.43) 

Transition services begin at age 14 and continue through age 22 and help the student plan for a productive life once they age out of school.


A January 2017 guide, “A Transitional Guide to Postsecondary Education and Employment for Students with Disabilities,” produced by the Office of Special Education and Rehabilitative Services (OSERS) of the United States Department of Education discusses post-secondary education and training, regular and alternative high school diploma, dual or concurrent enrollment program, early college high school, and employment opportunities such as community-based work, internships, mentorships, and apprenticeships.

There are no sections of this guide which address the needs of children with severe or profound disabilities. One would think that the post-secondary education and training section would address opportunities for young adults with severe and profound disabilities. This section, however, states,

“There are a number of opportunities and programs available for students preparing to exit secondary school. Many of these education and training opportunities involve formal or informal connections between educational, VR, employment, training, social services, and health services agencies. Specifically, high schools, career centers, community colleges, four-year colleges and universities, and State technical colleges are key partners.” OSERS Transition Guide, page 2. (Emphasis added.)

What about supported community employment and sheltered work settings that provide a commensurate wage, and what about facility-based day programs for those with the most profound needs? Why are these opportunities not listed?


The section regarding alternative high school diploma states that this diploma pertains to children with “the most significant cognitive disabilities.” But, the section goes on to say,

“IEPs could include transition services in the form of coursework at a community college or other postsecondary institution, provided that the State recognizes the coursework as secondary school education under State law. Secondary school education does not include education that is beyond grade 12 and must meet State education standards.” OSER Transition Guide, page 3. (Emphasis added.)

Suggesting individuals with the most significant cognitive disabilities, functioning at the level of an infant or small child, could benefit from coursework at a community college is nonsensical. 

Even the sections of the guide that address work opportunities say nothing about supported employment in a community setting, sheltered workshops or facility-based day programs.

Concurrently with the DOE limiting disability-specific programming and not offering appropriate transition services for individuals with severe and profound disabilities, other federal departments, namely the Department of Labor (DOL) and the Department of Health & Humans Services (HHS), are making it harder for young adults with severe and profound needs to access post-secondary opportunities. The DOL is making it more difficult for individuals to receive a commensurate wage by threatening the end of FLSA 14(c) wages certificates and increasing regulation under WIOA. HHS has changed settings rules that make it harder for disability-specific work and day programs to receive HCBS waiver funding. The DOE, the initial place an individual with disabilities receive services in life, should work with other federal agencies to maintain and promote opportunities so that children with severe and profound disabilities that are sent into the world from the education system have appropriate and meaningful opportunities in life.


The preface to the Transition Guide referenced above indicates that OSERS “provides oversight and guidance regarding the administration and provision of transition services by state education agencies (SEAs), local education agencies (LEAs) and state vocational rehabilitation (VR) agencies.” As such, OSERS of the DOE, has a role to play in the provision of appropriate VR supports for children with severe and profound needs. These include commensurate wage opportunities through supported employment and sheltered work as well as facility-based day programs for those who cannot functionally perform work.

Conclusion

While integration is a laudable goal, integration for its own sake is not. In practice, this means that a least restrictive environment for some may be a the most restrictive environment for others. As such, educational and transition programs must look at the individual needs and choices of each child.

It is for this reason that a basic tenet of the Americans with Disabilities Act as set forth by the Department of Justice recognizes the individual as having paramount importance in the administration of public services, 


"..public entities are required to ensure that their actions are based on facts applicable to individuals and not on presumptions as to what a class of individuals with disabilities can or cannot do." 28 C.F.R § 35.130

Caroline Lahrmann 
Columbus, Ohio

Comments to the U.S. Department of Education: Part 1 on Special Education

10/3/17

The U.S. Department of Education recently issued a request for comments in response to Executive Order 13777 that requires federal agencies to evaluate and implement measures to lower regulatory burdens on the American people. The request was open-ended and elicited comments on a wide variety of issues regarding federal regulation of education. Many of the responses were related to special education for students with disabilities.

The following comments are from Caroline Lahrmann, the mother of 17-year-old twins with profound intellectual and developmental disabilities (I/DD). Caroline is a resident of Columbus, Ohio.

I have divided these comments into two parts: Part 1 emphasizes issues related to special education in disability specific settings and Part 2 focuses on transition services and programs that serve students on the more severe end of the spectrum of disabilities.

[Over 1600 comments were submitted to the U.S. Department of Education - links to comments can be found here.]

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Introduction

As a parent of 17-year-old twins with profound intellectual and developmental disabilities (I/DD), I have concerns with Department of Education (DOE) regulation which limit opportunities for children with disabilities on the severe and profound end of the disability continuum. Programs that my children now access have been closed to younger entrants and I fear will be gone altogether when those who have been grandfathered in have aged out. Additionally, I see on the horizon a limiting of post-secondary options for children with severe and profound disabilities as disability-specific work and day programs are regulated out of existence, leaving some children with no path to meaningful post-secondary opportunities.

My children are not alone. There are thousands of children across the country who are born with severe and profound I/DD often accompanied by complex medical and behavioral conditions. There needs to be a place for these children in our educational system. The specialized nature of their conditions must not be trivialized and downplayed so as to fit into a neat, one-size-fits-all approach. Life is not that simple, especially for children with severe and profound challenges.

Misrepresentation of U.S. Supreme Court Olmstead Decision

In my children’s short life, I have seen burdensome regulation limit opportunities for children with I/DD. Their specialized school no longer accepts children under the age of 14 for fear of misguided lawsuits brought under the misrepresentation of the U.S. Supreme Court Olmstead decision. Post-secondary opportunities for individuals who cannot perform competitive work, such as sheltered workshops and facility-based day programs, are increasingly under attack by similar litigation.

The Olmstead decision was centered on ensuring appropriate residential accommodations for two adults with mental disabilities. It is now being misrepresented and applied to education and work settings with the goal of eliminating disability specific educational opportunities altogether.

The Olmstead decision did not eliminate disability specific settings that serve many individuals with I/DD in one facility, often referred to as institutional settings. Throughout their decision, the justices on the Olmstead Court emphasized the need for a range of settings for individuals with diverse mental disabilities and they spoke of the importance of institutional settings to protect health and safety for those individuals who cannot handle and benefit from community settings. Olmstead also made individual choice paramount in accessing services. Olmstead stated,

“Unjustified isolation, we hold, is properly regarded as discrimination based on disability. But we recognize, as well, the States’ need to maintain a range of facilities for the care and treatment of persons with diverse mental disabilities, and the States’ obligation to administer services with an even hand.” Olmstead v LC 527 US 581, 597 (Emphasis added.) 


“For the reasons stated, we conclude that, under Title II of the ADA, States are required to provide community based treatment for persons with mental disabilities when, 

(1) the State’s treatment professionals determine that such placement is appropriate; 
(2) the affected persons do not oppose such treatment; and 
(3) the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities.” Olmstead, 607 (Emphasis added.)

We emphasize that nothing in the ADA or its implementing regulations condones termination of institutional settings for persons unable to handle and benefit from community settings...Nor is there any federal requirement that community-based treatment be imposed on patients who do not desire it.” Olmstead, 601-602 (Emphasis added.)


Least Restrictive Environment

34 CFR 300.114(a)(2) Each public agency must ensure that - 

(i) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are non disabled are served in the least restrictive environment (LRE); 
(ii) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

This regulation promotes integration for children with disabilities in order to expand opportunities, but when applied with too heavy of a hand, this regulation has removed opportunities for children with disabilities who benefit from specialized programming.

The elimination of disability specific education programs is occurring counter to IDEA. In my research of this issue, Jill Barker of the DD News Blog, provided the following information,

  • IDEA does not rule out congregate or separate schools or classrooms if the child cannot be educated satisfactorily in a regular classroom and if the specialized placement is in accordance with the child’s IEP. In fact, IDEA and its regulations assure the appropriateness of services and placements for all children. 
  • An appropriate education is one that is in accordance with an IEP that has the important protection that it is written with the active participation of the child’s parent(s). When school districts eliminate separate classes or schools, they take away the determination of what is appropriate from the parents and IEP team and leave it up to a general arbitrary policy that may or may not work for the individual child. 
  • The assurance of an appropriate education is being overridden by the misinterpretation of LRE requirements, in much the same way that the misinterpretation of Olmstead is used to restrict services and placement options for people with I/DD.
Please see Exhibit A for a listing of the regulation supporting the assurance of an appropriate education. [This will be posted separately on The DD News Blog. JRB]

Just as gifted children benefit from special classes and curriculum specifically geared to their abilities, children with severe and profound I/DD can benefit from programming designed around their disabilities. In a specialized environment, rather than being told to keep up with non disabled children, children with significant disabilities can thrive.

I question why gifted students are allowed special programming, but students with disabilities are finding their specialized programming under attack.

We also must remember, that there are children whose I/DD is accompanied by complex medical and behavioral conditions that make daily transport to school inappropriate due to health and safety concerns. For these children, application of LRE that stigmatizes the supports that allow for education in disability specific educational settings or at one’s residence (such as their family home or an Intermediate Care Facility for Individuals with Intellectual Disabilities) has harmful consequences and can lead to the lack of availability of appropriate supports for some of our country’s most fragile children.

As a parent of children who attend a school for students with I/DD, I witness first-hand the benefits my children receive in an environment where all teachers and therapists have decades of experience teaching and serving children with I/DD, and where my children can interact with other children with the same challenges. Professionals at their school are passionate about the field of disabilities and have chosen to devote their careers to it. Their passion and their loving and patient personalities directly benefit the children they serve. The collaboration of many teachers and therapists in one setting allows for creative problem solving to address maladaptive behaviors or devise solutions to promote more functionality through adaptive techniques. This collaborative brainstorming happens daily in specialized school settings, settings that cannot be replicated in mainstream public schools.

Additionally, many public schools are not set up to handle conditions connected to children with disabilities such as safe transfers and lifts for quadriplegia, diapering, tube feedings, administration of medication, seizure disorders. Having appropriately trained and experienced nursing supports is essential to children with I/DD and so are teachers and assistants trained and willing to care for such concerns. Specialized schools are more able to have the staff on hand trained in these areas, and thus makes it more possible for children with complex conditions to leave their residences and interact with other children in a school setting.

Increasingly, however, disability-specific school-age programs are becoming van services rather than facility based learning centers. The push for community inclusion at all costs has led to students being forced into the community at all times, visiting the YMCA, the library, museums, etc., rather than spending time at school developing skills and learning. While non-disabled students attend field trips, they are not perpetually shuffled from one community activity to another just to satisfy another’s view of integration.

Finally, the educational experience should be outcome-oriented, meaning the least restrictive environment should be based on the individual and what affords the individual the greatest amount of independence and opportunities. My son can explore his school in his wheelchair and visit other classrooms independently. While my son is able to propel his chair, his intellectual disability does not enable him to understand hazards. As such, his independence in propelling his chair is greatly curtailed in a traditional public school with staircases, other hazards, and people who are not sensitive to his condition. Similarly, my son and daughter have access to therapeutic equipment at their school such as adaptive bicycles, gait trainers, and other equipment that allows them to develop physical and occupational skills. The special design of their school building enables them to use this equipment throughout the building giving them the maximum amount of freedom and opportunity. Such activity would be greatly impeded in a traditional school which is designed for non disabled children and may not have access to a wide variety of equipment and technical expertise. Additionally, my children participate in adaptive music concerts, track meets and swim meets. Such activities and competitions would not be available to them in a traditional public school where school events and teams are geared toward typically developing children. For these reasons, my children’s school is the least restrictive environment for them. The U.S. Supreme Court Olmstead decision recognizes this outcome-based, individual approach to disability accommodation,

Each disabled person is entitled to treatment in the most integrated setting possible for that person recognizing that, on a case-by-case basis, that setting may be in an institution. Olmstead at 605

Some individuals, whether mentally retarded or mentally ill, are not prepared at particular times— perhaps in the short run, perhaps in the long run—for the risks and exposure of the less protective environment of community settings; for these persons, institutional settings are needed and must remain available. Olmstead, 605

For many mentally retarded people, the difference between the capacity to do things for themselves within an institution and total dependence on the institution for all of their needs is as much liberty as they ever will know. Olmstead, 605


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Monday, October 3, 2016

Surviving the Inclusion Delusion: Danny at 40

I have made some changes and corrections to this blog post since it was posted on October 3rd, 2016. This version may look slightly different from the original, but the substance of the post has not changed.---JRB

Update: This post was published in the Nonprofit Quarterly on 10/26/16

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My son Danny is forty years old this week. He has multiple disabilities resulting from brain damage acquired during his first few days after birth. He functions at the level of a 6 to 12 month old infant and always will. And, yes, I know he is not really an infant.  We do not love him less because he lives and survives with profound developmental disabilities. 

I’ll spare you the details of his birth and the aftermath. It’s enough to say that while the other mothers whose babies were being discharged from the hospital were learning how to give their babies a bath, I was receiving instructions on how to administer Cardiopulmonary Resuscitation to an infant.  

I first heard the term Inclusion around 1990. Danny was 13 years old and attending High Point School in Ann Arbor. High Point was an outstanding program for Danny, bringing together services, expertise, and a supportive community to accommodate children with the most severe disabilities, including complex medical and behavioral conditions.  

Inclusion, when applied to schooling for disabled children, is the belief that all children, regardless of the severity or nature of their disabilities, can and should be educated in regular classrooms with their non-disabled peers.  Inclusion was promoted by many disability advocates as a “right” for every child. Most discussions of the idea did not include an examination of whether the premise on which the belief is based is true for every child or whether it is required by the federal Individuals with Disabilities Education Act (it is not). In the face of any disagreement with the idea, promoters of inclusion encouraged families to take sides: “Are you for ‘Inclusion’ or against it?” Or as many advocates would have it, “Do you want disabled children isolated and segregated from the rest of society or do you want them to be fully integrated into and embraced by ‘the community’”? This continues to this day. See "Choosing Sides On School Inclusion" from the Huffington Post, 8/22/16.

The Inclusion Delusion began with a false and unprovable assertion based on wishful thinking and a willful misinterpretation of federal law. In 1990, there were many disabled children who were unjustly and illegally prevented from participating in classrooms with their non-disabled peers and there still are.  Many of their parents understandably leapt at the idea that by proclaiming a belief in Inclusion, their children’s needs might finally be recognized and fulfilled. 

But the uncritical acceptance of the Inclusion Delusion disregarded a number of moral and ethical questions:  Is it right to make judgments about “all children with disabilities” without considering their individuality and acknowledging the full range of their diverse needs?  Do advocacy organizations or government agencies have a right to impose on children and their parents an all-encompassing doctrine when the parents and others who know the child best have good reason to disagree? Is Inclusion the ultimate goal of educating children with disabilities or are the needs of the individual child paramount in determining educational services and placement? Is Inclusion a cause that must be served, whether or not it is appropriate for a specific child? 

In the early 1990’s, the indoctrination for inclusion in schools was intense, an obvious sign that the project was well-funded and a great opportunity for organizations and local agencies to tap into a new funding stream. I attended a meeting sponsored by our local ARC (formerly the Association for Retarded Citizens) featuring a speaker from another state. She gave a rousing speech citing success stories of even the most profoundly disabled children blossoming in the presence of their non-disabled peers. Non-disabled children, she said, were learning acceptance, tolerance, and the value of people with disabilities to society and their fellow citizens. 

As I listened, I pondered how Danny would be accommodated in a regular middle school classroom? How would they deal with his bouts of vomiting after meals, the necessity for frequent diaper changes, and his need for floor space for his favorite activity - rolling over? Would other students and staff tolerate his occasional blood-curdling screams when things weren't going well for him? Was it wise to remove him from an environment that had every accommodation that he needed and place him where virtually nothing was geared toward his needs? Could anything prevent him from becoming the chief source of disruption for almost every activity that normally occurs in a typical classroom?

I started to pay more attention to the speaker when she offered up some good advice: 

“Give people with disabilities what they need and want! If you want to know what they need and want, ASK THEM! “

Now, that made sense to me and I became more optimistic that I would get something out of the evening beyond a welcome break from caregiving. My optimism was soon crushed, however. The speaker followed her initial advice with a list, her list, of all the things people with disabilities are supposed to need and want. She did not ask if the audience agreed with her.  “They all want to be treated like everybody else,” she said, apparently oblivious to the fact that Danny would die if he were “treated like everybody else”. She went on: “…they want to live independently and make their own decisions; they want to go to regular schools and work at regular jobs; they want to be included in their communities in every aspect of life,”  and so on. Some of the items on her list made sense to me, but most did not considering the complexity of Danny’s severe disabilities.

On another occasion, I saw a film of children's responses to having disabled students in their classrooms. One boy said he had learned that, "Disabled people can do everything that everyone else can do. They just have to try harder." I can understand a child coming to such a simplistic view of disability, but for the adults to include it in a film promoting Inclusion raises questions about their judgment. Poor Danny, I thought. With that kind of "learning", what would ignorance look like?

Danny continued at High Point school for another 13 years. As the Inclusion movement took hold, many children were moved out to local schools, some with the approval and support of their parents and some without. There were threats that the school would close and it almost did. Finally, a charter school and other programs sponsored by the County school district moved in to the empty classrooms and eventually filled the space left by special ed students who had moved out. The integration of High Point and the charter school proceeded at a relaxed pace and was not forced where it was not appropriate for the students involved. At the same time the integrity and the usefulness of the High Point program continued to function to the benefit of the most severely disabled children in Washtenaw County. 

Was this an example of the success of Inclusive education? I don’t believe so and it certainly did not meet the criteria set by advocacy organizations that demanded that disabled children be seen to hobnob with their non-disabled peers to prove to the world they were just like everybody else. The purpose of High Point was never to isolate and segregate its students from the broader community, but to give them an environment and specialized care that was not likely to be achieved anywhere else. 

The Inclusion Movement in education was an ideological undertaking, more enshrined in the imagination of zealots than in the laws and policies governing the education of actual children with disabilities. The 1975 Education for All Handicapped Children Act was in full swing by the late 1970’s and early 1980's, with the majority of children in special education, those with learning disabilities and speech and language problems, attending their neighborhood schools and spending most of their time with children who were not disabled. It was true that schools still ignored the needs of children who caused them inconvenience or were difficult to accommodate or educate, but parents were getting the idea that with a lot of hard work and belief in themselves and what they knew about their children, it was possible to make headway with the new protections and rights afforded their children. 

The Inclusion Delusion, that all children could be accommodated in regular classrooms, signaled a dramatic shift in thinking. Rather than determining the education that each child received based on his or her unique needs, it made the assumption that every child could succeed in placement in regular classrooms. If that did not work, the parents, the schools, and the professionals must have done something wrong. Or, as one parent said in another short documentary promoting Inclusion, “Even if it doesn’t work, you should do it anyway. It’s the right thing to do”.

For years, the proponents of Inclusion in schools have pitted parents against parents, demonized teachers and staff who work with children in specialized classrooms and special schools and set the stage for years to come for disability movements based on over broad generalizations about people with disabilities. 

In the mad dash to close institutions and many other specialized programs for people with disabilities, the people directly affected by these closures were rarely asked their opinion early enough in the process to make a difference.  Instead, advocacy groups, especially those that receive federal funding to promote their causes, claimed to represent people with disabilities and swooped in with all the answers: No one would choose to live in an institution or group home, work at a sheltered workshop, attend a day program with other people with disabilities, or live anywhere but in their own home or at home with their family. All people with disabilities can and should live independently, make all their own decisions, and work in integrated, competitive work settings. 

The truth is that there are people with disabilities who can do only some of these things, some who can do none of them, and some who choose to do things differently than other people with similar disabilities. They have been marginalized. The closure of programs and services that meet their needs has been justified with the promise that closing programs that no one wants, according to the advocates, will pay for more services to more people, “in the community”. This is unlikely to ever be realized as states see “savings” as opportunities to fund more popular government- supported programs (such as fixing potholes), to reduce taxes, and to continue to ignore many of the needs of people with disabilities. Attempts to develop innovative family-initiated projects to serve and house people with disabilities that may actually save money in the long run are also being thwarted by advocates who fear any incursions into the territory they have claimed for themselves as the representatives of all people with disabilities.

Thanks to Danny (and Ian who came along eight years later), my blog has been an attempt to set the record straight, give a voice to people who are rarely heard, and attempt to restore some balance in the stories that are told about people with disabilities. This is an unbelievably  frustrating time for families who see their judgement questioned at every turn as they attempt to salvage necessary services for their loved ones and hope for a truly inclusive future that acknowledges differences in abilities and needs and honors the choices that families and their loved-ones must make. 



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For information on Michigan special education and other kids issues, check out Bridges4Kids.

Tuesday, March 4, 2014

Standardized tests for profoundly disabled children : Accountability or lunacy?



According to an article in the Tampa Bay Times, "Testing for profoundly disabled children gets increased attention",  2/26/2014,  Florida parents  are having difficulty exempting their children with profound disabilities from taking state standardized tests: 

"While her 11-year-old son Ethan lay dying last month, Andrea Rediske had to convince the boy's school district he could not take the state tests.


"Ethan's teacher made daily visits to assess his progress — even when he was in hospice care.


"'Seriously?' Rediske wrote in a Feb. 4 email to Orange County School Board member Rich Roach. 'Why is Ethan Rediske not meeting his sixth-grade hospital-homebound curriculum requirements? BECAUSE HE IS IN A MORPHINE COMA. We expect him to go any day.'"


"The boy died three days later."


Parents and teachers of these profoundly disabled students - students who cannot see or communicate who are required to answer questions about pictures they are shown, for example - are getting increased attention from the Florida legislature. 


There is an alternate assessment that can be given to 1% of Florida's school population, that better measures progress for many students with disabilities. Even the alternate standardized test, however, does not correlate with the performance of students with profound disabilities. Many parents feel the testing is disrespectful of their children and irrelevant to measuring the benefits of their educational programs. A bill has been introduced in the Florida legislature that will make it easier to exempt these students from standardized testing. Consideration is being given to changing teacher evaluations to give teachers of disabled students some slack so that they are not penalized by their students' test scores. 


State Education Commissioner Pam Stewart defends the use of assessments for all students:


"'We all know that the only way to guarantee success in any endeavor is to set goals and measure our progress,' Stewart said. 'Measuring progress is key to successful learning, and I firmly believe that every child enrolled in a public school in Florida deserves the opportunity to have access to the best education possible. It would be a moral outrage to deny that opportunity to any child for any reason.'" 


Is standardized testing for these students accountability or lunacy? I vote Lunacy - 100%. And excuse me, while I go bang my head against a wall.

Friday, November 2, 2012

Study shows autistic students have similar outcomes whether or not in inclusive settings

An article from Disability Scoop, "Study: Inclusion May Not Be Best After All" by Michelle Diament, 11/1/11, summarizes an article from the journal Pediatrics . The study involved almost 500 autistic students and compared those who had spent 75 to 100% of the time in regular classrooms with those who were in more segregated settings. Those in inclusive settings were no more likely to complete high school, go to college or see improvements in cognitive functioning.

“We find no systematic indication that the level of inclusivity improves key future outcomes,” researchers from the University of Alabama at Birmingham and Johns Hopkins University wrote.


The Disability Scoop article goes on to misleadingly state that the Individuals with Disabilities Education Act requires that special education students be served in the "least restrictive environment"(LRE) meaning in regular classrooms. This is what most advocates for inclusion will tell you, but it's not true and it never has been true. The LRE is part of the placement decision and is based on the needs of the individual student.


Beyond the outcomes that were investigated in this study, there are all kinds of reasons to place children in inclusive settings or to opt for more segregated settings. The problem is that Inclusion fanatics have for years asserted that placing all children in regular classrooms with their non-disabled peers is better in all respects for everyone involved. But then Inclusion fanatics have always existed in a fantasy land undisturbed by reason or evidence.


Be sure to read the excellent comments on the Disability Scoop article.

Friday, September 7, 2012

Rights Workshop in Howell, Michigan: 10/4/12

A Web site for the Family-to-Family Health Information & Education Center, or F2FHIEC, has loads of information for families with special needs children. According to the Web site, "Our goal is to improve access to quality care and supports for children with special needs in their communities by empowering families." F2FHIEC is funded by the U.S. Department of Health and Human Services, Health Resources and Services Administration, Maternal and Child Health Bureau under the Patient Protection and Affordable Care Act (ACA) of 2010. 

A workshop sponsored by Family-to-Family called "What Are My Rights and Responsibilities and Who Can Help Me Navigate the System?
 " should be helpful to families of adults with disabilities as well as families with special needs children.

This is from the Web site about the workshop in Howell that will be held on October 4, 2012, from 9 a.m. to 3 p.m. at the Livingston ESA, 1425 West Grand River Avenue, Howell, MI :

[The workshop] is for anyone who wants a better understanding of rights, responsibilities and complaint processes including timelines, complaint procedures and what someone could expect during the processes under:

  • Children’s Special Health Care Services
  • Community Mental Health Services/Hospital Mental Health
  • Medicaid
  • Special Education Services
Participants will receive resource information for groups and organizations available to assist in navigating systems and protecting a client’s rights. Basic information will be provided on how to gain access to and what makes someone eligible under each system.

Workshop Fee: $10 (Includes Meal)


SBCEUs or SWCEs: $15 [This is for people who need the workshop to count toward certification or accreditation.]


Scholarships: A limited number of scholarships are available for families. Please contact Lisa Cook-Gordon at (800) 359-3722.


Click here to register for the workshop in Howell.
 

Other Training Dates/Times/Locations outside of Southeastern Michigan:
  • October 9, 2012 from 9:00 am – 3:00 pm at Eastern Upper Peninsula ISD, 315 Armory Place, Sault Ste. Marie, MI 49783
  • October 11, 2012 from 9:00 am – 3:00 pm at Menominee ISD, 1201 41st Avenue, Menominee, MI 49858
  • October 29, 2012 from 9:00 am – 3:00 pm at Otsego District Public Library, 219 South Farmer Street, Otsego, MI 49078
  • November 12, 2012 from 9:00 am – 3:00 pm at Macomb ISD, Room 104, 44001 Garfield Road, Clinton Township, MI 48038 (586) 228-3321

Tuesday, November 8, 2011

Support for Kids with Autism: Panel discussion in Ann Arbor

This is an announcement from the Washtenaw County Special Education E-Information Listserv:

Panel Discussion: Support For Kids With Autism

Monday, November 21, 2011
7:00 pm - 8:30 pm
In the multi-purpose room in the downtown library
Ann Arbor District Library
343 S. Fifth Ave.
Ann Arbor, MI 

A panel of teacher consultants at Washtenaw Intermediate School District (WISD), including Walter Kwik, Pamela McClure, Marla Sebu and Katrina Stewart, will talk about Autism Spectrum Disorder, what it is and how to help people/children with it in Washtenaw County feel more comfortable and successful in their daily lives. They will also discuss the START project, which gives professionals and parents the knowledge and skills to support individuals with Autism Spectrum Disorder in reaching their greatest potential. 

The STatewide Autism Resources and Training (START) project is committed to creating a sustainable structure of support for students with Autism Spectrum Disorders within each region of Michigan by provide training and technical assistance to educators and families that support students on the autism spectrum. 

The START project has been in place for 10 years through the funding and support of the Michigan Department of Education, Office of Special Education and Early Intervention Services. The rapid increase in the number of students with ASD entering public schools in Michigan has created a critical need for more in-depth training for educators in the use of evidence based practices. Additionally, the START Project has served a key role in meeting this need through innovative activities such as Regional Collaborative Networks, training and coaching models, and resource material development. 

For more information on this event, call the Library at 327-4555 or visit the Website

Ira Lax
Outreach and Neighborhood Services
Washtenaw Library for the Blind & Physically Disabled
Ann Arbor District Library
734-327-8365

Saturday, November 5, 2011

iPad, iPhone, and iPod apps for special ed students

I recently talked to a parent whose son was able to order food from a restaurant menu for the first time by himself using an iPad to communicate. Apparently, these new-fangled computer machines do all kinds of amazing things that make communicating and understanding easier for children with learning difficulties.

Through the Website Bridges4Kids, I found a list by Eric Sailer of dozens of apps for iPads, iPhones, and iPods. They teach communication skills, sign language, math and spelling, help with speech problems, provide interactive games and books, help with organization, and many other things. These are available through the iTunes store and have reviews that will help parents determine which apps will be the most suitable to their child's needs.

Monday, September 19, 2011

FYI: State of the WISD - Special Ed Washtenaw County


Washtenaw Intermediate School District (WISD)
Parent Advisory Committee (PAC)
invites you to our next meeting:

Tuesday, September 20, 2011                           
6:30 p.m.
Featuring:
The “State of the WISD” presented by WISD Superintendent Scott Menzel
Meeting Location: Seminar 1

Washtenaw Intermediate School District (WISD)

Teaching and Learning Center

1819 S. Wagner Rd.
Ann Arbor, MI  48106
734-994-8100
For directions please see the WISD website:  http://www.wash.k12.mi.us/about/wisddirections.cfm