Special Education Law Blog

Milwaukee Public Schools Cited for Excessive Use of Suspensions

Milwaukee Public Schools have been cited in a recent report  for the overuse of suspensions.  Over reliance on suspensions reflect a lack of effective positive behavioral interventions in favor of "remove the child, remove the problem." The reality is that when the student comes back to school he or she is even more likely to offend again because he or she is now behind in work, class is not relevant and so the cycle goes. The process too often ends with students with special needs dropping out or becoming involved in criminal activity while out of school on suspension. I fully appreciate that order and discipline need to be maintained in school but more constructive and positive means need to used to prevent this harmful cycle that does not help students, schools or the larger community.

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.

Illinois Police Joining Other States in Special Training for Working with People With Autism

The Chicago Tribune had a recent article on ongoing training efforts to allow more effective police work with people with autism.  Download Illinois police autism training.doc Among the tools being used by local area police departments:

"Wilmette officers now carry flash cards in their patrol cars to better communicate with autistic people who may struggle to respond verbally.

Northbrook authorities have a wallet-size card cuing them on how best to approach someone with autism-calmly, slowly and, if possible, without flashing lights.

In Naperville, youth officers next month will huddle with educators from the local school district to get tips on interviewing autistic children."

A great first step towards training police to avoid tragic and harmful consequences for children and adults with autism.

Individualized Therapeutic Approach Helps "Hopeless" Students

Too often the emphasis is on the failures of students especially those with severe emotional and behavioral issues. These students are considered a lost cause. The Foundation School has developed a highly individualized therapeutic approach is turning around the lives of students that the system had otherwise given up on. The last I checked they do not build their approach on aversives such as electrical shock, and achieve remarkable results with students going on to productive lives. Creativity, highly tailored programming on an intensive basis is what is required to reach students who have significant needs but the rewards are great in human and economic terms.

Discipline: That Delicate Balance

I believe that for many students with special needs there are many behaviors, from speaking out of turn to physical acting out, which are not fully culpable and should in no way be treated as criminal or subject to the ordinary code of conduct of schools. This statement is my personal gloss and a version of what the law states. Having stated that, when children with special needs act out especially when it is highly inappropriate or injurious to self or others, that occasion presents a critical teachable moment which does not necessarily include punishment. Crafting that teachable moment requires balanced team decision-making. Unfortunately that decision-making is frequently after a serious behavioral episode, when staff, parents and student are all in a highly agitated state and balanced and rationale discussions are not on the menu of options.

On many occasions I have discussed and debated discipline  and behavioral planning with opposing counsel. Not surprisingly the balance seems clearer to them; their first and primary responsibility is to maintain order, with punishment being a required element. I believe that the law and common sense demand a much more complicated balance, weighing many factors including the student's disability and how to best modify behaviors. Of course, we as parents have an important role as well, which realistically should not include writing our children a blank check because he or she is disabled. The optimum outcome of the special education process is that our children come out of the system to move into adulthood with foundational skills  academically and vocationally, but even more with the ability to behave appropriately.

A recent New York Times story,  documents a few of the worst abuses of behavioral intervention in schools in the U.S. and Canada in the recent past. Balanced approaches, at times of crisis, go out the window.   At these times people get hurt or even killed; often the person on the losing end is the child with special needs. Dr. Peterson, a Professor of Special Education, nevertheless, struck a hopeless  note regarding behavioral intervention when he stated:

“It’s damned if you do, damned if you don’t,” Dr. Peterson said, and it reflects the level of confusion there is about this whole issue.”

Personally, I do not agree with Professor Peterson. Good training,planning and thoughtful staffing minimizes the risks and increases the potential for good and safe outcomes. There does not need to be so much ongoing "confusion". We know what needs to be done; it is critical that we apply safe, humane and effective means of behavioral intervention.

U.S. Supreme Court Refuses to Review Rights of Students Regarding Corporal Punishment

The U.S, Supreme Court in the case Serafin v. School of Excellence in Education (Case No. 07-9760) refused to review a case brought by an 18 year old student for injuries she suffered when she was paddled in school for a minor infraction of  school rules. This case could have had far reaching consequences relating to student's substantive rights in school (perhaps even special students). Given the current environment, that is so excessively focused on order even at the expense of law this case should not be so surprising.

Judge Rotenberg School Still Using Shock Treatment

One of the hardest decisions that parents make is to seek residential placement, sometimes at a great distance from home. I regularly have clients who require residential schooling; often it is a matter of life and death. Knowing which school is the most appropriate is not easy to determine. Well,  the Judge Rotenberg Center in Massachusetts is one school that parents can pass over in their consideration of residential placements. This school regularly uses electric shock treatment for behavioral modification. Apparently, recently in response to a prank caller they applied numerous shocks to 2 students. I have many students on my case load with severe behaviors I do not believe nor am I aware of credible literature which supports the effectiveness of shocks to modify behavior

Parents Fight for Continued Use of Electro-shock

A Chicago couple with an adult son with autism has been fighting for years to continue using electro-shock, as a means of behavioral modification.   The parents, Fran and Robert Bernstein, claimed that a jolt from a cattle prod applied to their son has a calming effect.  The Hot Shot Power Mite is capable of delivering 4500 volts of electricity. Electric shocks of much lesser intensity can have severe physical and emotional effects and can be fatal. I know that this couple believes they know what they are doing and it is for their son's best interests, but the reality is that severe injury or death could result, albeit accidentally.

Improper Restraint Leads to Death of a Child with Autism

In upstate New York a child with autism died while being restrained during transport. The staff in charge of the child drove around and did not seek medical help for an extended period. As a result of these actions and omissions, manslaughter charges have been filed.

The tragedy of this case once again highlights several pervasive issues:

• staff needs restraint training, and needs to have it reinforced over and over again;
• the police and state's attorneys need to take seriously charges of physical abuse short of death, and that do not involve sexual misconduct, as there were previous allegations of physical abuse;
• norms of behavioral intervention and planning need to be codified in IDEA and regulations;
• we need to take every opportunity to reinforce the humanity and sanctity of people with disabilities, so that we will no longer see this level of indifference;
• use of aversives and other forms of painful behavioral intervention need to be made illegal at the Federal level;
• systematic positive behavioral intervention needs to be taught and reinforced at all levels of administrative, teacher, and staff training.

Without such positive steps and more, such tragedies are not a question of whether but of when.

Behavioral Checklist for Schools and Parents

Schools are frequently in a hurry to call things behavioral, manipulative or purposeful when they are confronted with situations that are challenging. In this instance, "behavior" has a negative connotation, unlike the IDEA definition which is value neutral. The following are some suggestions for school personnel and parents to engage in a more positive discussion and to help tease out behaviors from other factors.