Special Education Law Blog

COPAA Applauds FDA Ban On Use of Electrical Stimulation

I am reproducing this press release from COPAA. It is always great to have a reason to celebrate progress even if long overdue. Ban specifically prohibits use due to significant psychological and physical risks. There is much more work that needs to be done on issues related to restraint, time out and universal use of nonaversive behavioral intervention in favor of positive proactive measures, but this announcement is an important step on that path.

WASHINGTON, DC – In support of the U.S. Food and Drug Administration (FDA) announcement to issue a ban on the use of electrical stimulation devices (ESDs) intended to reduce aggressive or self-injurious behaviors that disproportionately are used on people with intellectual or developmental disabilities, The Council of Parent Attorneys and Advocates, Inc. (COPAA) issued the following statement:

“I read this news with tears in my eyes and warmth in my heart to know that the end to this barbaric practice is finally in sight” stated Denise Marshall, COPAA executive director. “Too many labeled individuals have repeatedly suffered torture and abuse on the basis of their disability. We know this announcement cannot erase their pain, so in the words of Albert Einstein we must ‘Learn from yesterday, live for today, hope for tomorrow.’ Thank you to the FDA for taking this strong stance in protection of the rights of individuals with disabilities to be free from abuse.”  

Marshall continued, “COPAA has been at the forefront of this issue since 2008 with the release of our Declaration of Principles calling for every student in this country to be treated with dignity and respect and affirming that no person with a disability should be subjected to abusive treatment under the guise of providing [educational] services. We have repeatedly and unequivocally pushed for a ban because aversive techniques should never be used as planned consequences of their behavior or symptoms of their disability. Congratulations to all of our colleagues and the families whose relentlessness advocacy has made this happen!” 

For more information, please view the Federal Register display notice and the FDA Medical Device Bans webpage.

Self-Employment for Persons with Disabilities

Our recent series of articles on the employment rates and work challenges experienced by persons with disabilities paid only a glancing look at perhaps one of the most viable employment options for persons with disabilities—that of self-employment.  According to the US Census Bureau, people with disabilities are almost twice as likely to be self-employed as persons without disabilities (14.7% compared to 8%).  Although the challenges of creating and sustaining a small business may seem daunting to most of us, self-employment actually can make sound sense for many workers with disabilities. It really needs to be part of the discussion in the "transistion process" albeit typically it is not.

Preparing for Housing Options

Housing for people with disabilities is an ongoing and evolving issue with many facets. I have a well respected friend and colleague, Terry Steinberg, who has just launched an online series on this important topic. I realize that this tele-class is already underway but I am sure you can catch up and realize the benefit of this important information.

PTSD for People with Intellectual Disabilities

In recent years I have seen a disturbing trend of students with intellectual disabilities coming into my office with severe signs of PTSD, and in many cases given limited language abilities the issues can be very intractable. We are becoming much more aware of post-traumatic stress disorder (PTSD), perhaps because of the experiences of our service men and women in overseas deployments, and its devastating effects on those who suffer from it. However, PTSD as a distinct diagnosis did not enter the DSM-3 until 1980. PTSD, which occurs after exposure to such traumatic events as threat to life or severe injury to self or others, occurs in roughly 20 to 30% of people exposed to such traumatic events. Recent research suggests that those individuals with higher IQs are able to weather the effects of such traumatic events better, perhaps due to their ability to process and discuss their emotional reactions, as well as to gather the resources to ensure a support network. But persons with diminished cognitive abilities are not as fortunate, and it is only fairly recently that we have begun to appreciate that those persons with cognitive impairments are affected by PTSD; in fact, lower intelligence may even be a risk factor for PTSD. How often PTSD occurs in this population, however, is uncertain.