New York Magazine has just published an article called The Autism Clause. The article details the "cottage industry" of parents' lawyers suing to have children with autism placed in for-profit private schools at a cost of millions to the City of New York. While the article does get some facts right about special education correct (e.g. parents have the burden of proof at due process hearings), it proceeds from the simplistic assumpton that parents simply need to "file and win." If it were only that simple for parents around the country. I do not practice in New York, but this premise is just a gross oversimplification of the trials that parents go through to receive an appropriate education for their children.
The article does mention in passing that it is "the rare autistic child who receives specialized behavioral therapy, even though the New York State State Department of Health recommends it 'as an important element of any intervention program.'" Such interventions are not the icing on the cake, they are the cake ! However, this point gets lost in the overall theme of private schools and parents' attorneys getting rich at the public's expense. The righteous outrage that is implictly heaped upon "savvy" parents and their attorneys should be reserved for the the fact children with autism still need to sue to get what other parents and children can take for granted--an appropriate education.
It is not as if autism is a newly discovered disability, nor is it that the research-based methods of educating children are new. The Autism Clause is an escape clause for the City of New York to shirk its responsibilities for children with autism. New York is not an isolated case; it shares shameful company with major cities like Boston and Baltimore. From first hand experience in the City of Chicago, the autism programming, in the main, is wholly inappropriate. Poorly trained staff making due with ill-equipped facilities and lacking in any meaningful interventions to address a child's needs.
With articles like this one, it is obvious again that we are losing the public relations battle in Congress, the courts and in the press. We need to fight back on all public fronts and get the message out that parents do not sue because they want some swanky new for-profit school at the urging of some dollar-driven parents' attorneys.[Contrast this premise with the reality of school district attorneys and their outrageous fees.] They sue because the public school system especially in big cities are broken and have been for years leaving parents no other choice. The real story is the rank disregard that public schools have for children with special needs, and the fact that there are effective teaching strategies that have been identified which schools have not adopted. Parents should be applauded for their heroic efforts in fighting for their children's futures, and schools should be pilloried for forcing these suits and failing in their essential mission--providing an education.
Well said, Charlie! This article is horrendously one-sided, and highlights the fact that we need to find a way to educate the public and the press as to the true plight of children with disabilities in our nation. Thanks for bringing this to our attention!
Posted by: Sandy Alperstein | October 26, 2006 at 09:47 AM
I have a question relating as to why they are making this choice. My step son who was diagnosed with Autism was on an IEP in preschool. My husband moved to a new school district and they are now denying him special ed services on academics alone. He is not 2.0 below the standard deviation. From what I can gather he would have to be in the lower 2% to receive services. Is there any case law on this ruling? Is this why the parents are using private schools? In reading IDEA it does not seem within the spirit of the law to rely only on academics?
Posted by: Martha Carstensen | November 02, 2006 at 04:15 PM
The NY schools have, advocates that understand autistic needs, and a place for parents to send their autistic kids; unlike here in Illinois.
I personally know of many professionals on the East Coast and they are creating private schools to help higher functioning autistic individuals get a more appropriate education and the school systems are, after legal action by parents, able to pay for the private schools. Here in Illinois we do not have these private schools available yet. If we did I am sure the schools would rather be forced to pay for the school than loose a large discrimination case. If we as parents have no other options all the money in the world won't pay for a school that does not exist. We need to create the school so that we can get the school system to help pay for it.
Posted by: Ruth | February 08, 2007 at 12:23 AM
I am getting ready to do court battle as I have no other options My daughter has Aspbergers syndrome and surprise the only special needs classes avaible in her age group she is 14 are out dated and meant for a person with an IQ of 75 or lower , parents like me who see potenial with the right forms of adaption for them are left with no choice as the placements they offer are not right for our kids she can do High School biology but cannot get past 4th grade math . Every school I find tells me she is not autistic enough than when I find one that is for aspbergers they are 5000 a month from where I sit it stinks they will spend 20,000 to redo the grounds for foot ball and soccer how about useing ti to develope better programmes instead I have gone backto school to become a para legal because I am sick of hearing it will cost me 30,000 to mount war with my school district because they got her to sit write her name and tie her shoes as a kindergartener well guess what she is growing up and we have to to they are becomeing the norm I cannot wait 6yrs for them to get something in place for her she will be done and all she will have is attendance diploma that is not right
Posted by: Jill Bernstein | January 21, 2008 at 12:55 PM
Jill - I am in the same situation in SC. I am in litigation with 2 school districts in SC. My 15 year old son has Aspergers and I have unilaterally placed him in a private school and I am seeking tuition reimbursement. Anyone with special ed needs/issues, please contact me at [email protected]. I plan on starting a revolution in SC to get the appropriate services for childrens with autism/aspergers syndrome.
Posted by: Janet Frazier | May 15, 2008 at 08:01 AM