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.
A Memorable Approach to an IEP Meeting
This week we had our annual review for our son’s IEP meeting. It was not just any meeting, this meeting was his "articulation" meeting to high school. After 11 years in the special education system, we had reached the milestone of moving to high school and in our case going to a new district.
The theme of the meeting for us was to establish, in an indelible way, that high school is about setting the stage for what comes next, establishing the necessary linkages and natural supports in the community, teaching the skills and self advocacy to go on to college and beyond. It may be a tall order but we have at least 5 years to get there. To make the point I did 2 primary things at the meeting: one, I presented 2 input statements [Download Cole Fox’s input_3607.doc , Download Cole Needs Accommodations.doc ]
and, two, was to present 
an ensemble of my daughter’s doll furniture, showing a boy lying in bed watching television. The narration for this ensemble was that when my son gets out of high school he can not be the boy in the bed with nothing to do day after day but watch television. This unorthodox approach certainly got their attention, made the main point and created a memorable moment that no one in the room will soon forget.
‘OM’ My, It’s IEP Season by Lori Miller Fox
If life’s a journey, then the school years are the longest collection of toll roads. And as our day to ante up gets closer, I decided to take a calmer, gentler, more centered approach toward our child’s IEP and use meditation techniques and a zen state of mind to help get through it harmoniously. Here are just a few of my affirmations.
Health Literacy A Serious Educational Issue
A recent article in the Washington Post reveals that the level of reading and math literacy is having a significant effect on the ability of patients to participate and understand medical decisions, and to carry out doctor’s directions. A significant number of patients could not understand the difference between a teaspoon and a tablespoon.
There are efforts to simplify the jargon that only makes this literacy deficit worse. In addition, the drug company Pfizer has sponsored a program called Ask Me 3 which:
" Designed by the Partnership for Clear
Health Communication, a coalition of national health and literacy
groups, the program encourages patients to ask three simple questions
and to be sure they understand the answers: What is my main problem?
What do I need to do? Why is that important?"
For many students with special needs this article should be brought to your next IEP meeting. Issues relating to understanding the body, expressing pain and symptoms, and other necessary skills (e.g. tablespoon vs. teaspoon) can and should be made goals both in the IEP and definitely in transition plans. The Ask Me 3 reads like benchmarks under a health-related goal. Moreover, the key fact here is that being behind in reading and math literacy is more than an educational issue, it can be a matter of life and death.
Supreme Court Roundup of Tom F. and Winkelman
The Disability Law Blog has a nice roundup of the Tom F. case and today’s oral arguments in Winkelman. The report on the Winkelman case that I think is important is the forcefulness that the U.S. Solicitor General, the Supreme Court advocate for the U.S. Government, argued in favor of the parents’ position. For a pdf of the oral arguments click here. [This link provided courtesy of my collegue and fellow blogger Sandy Hausler].
The report on the Tom F. case explains the issue in terms of whether parents should be burdened with the additional obligation of seeking reimbursement for private tuition or home-based ABA services only after first enrolling in the school’s program. I have successfully made the argument that enrollment is not a necessary prerequisite for reimbursement but on the other hand as a matter of fact it is hard to argue against a program that the child has never experienced.
I will be blogging on the decision in Winkelman which it is expected this Spring before the Court recesses for the Summer and on the briefing unfolds in Tom F.
Supreme Court to Decide Tom F. Case On Reimbursement
On Monday, Feb. 26, 2007, the U.S. Supreme Court granted certiorari in Board of Education of the City School District of New York v. Tom F. ex rel. Gilbert F., No. 06-637 (U.S. 02/26/07, cert. granted). This case involves the question of whether a student who receives special education services from a private school is eligible for tuition reimbursement if he never obtained such services from a public school district.
Comment on IDEA Transition Regulations Until March 19, 2007
Improving Youths with Disabilities Outcomes for Postsecondary and Employment
John
H. Hager, assistant secretary of the Office of SpecialEducation and
Rehabilitative Services (OSERS), U.S. Department ofEducation, is
pleased to share with you an important message regarding a Notice of
Proposed Priority and Definitions for Special Demonstration
Programs-Model Demonstration Projects-Improving the Postsecondary and
Employment Outcomes of Youths with Disabilities.
———————————————————-
The
2004 reauthorization of the Individuals with Disabilities Education Act
(IDEA) called for states to set measurable targets for the progress of
students with disabilities. Together with the No Child Left Behind Act,
the IDEA is holding schools accountable for making sure students with
disabilities achieve to high standards. We must ensure that all
individuals, including individuals with disabilities, graduate from
high school with theskills they need to successfully transition into
post secondary education and the workforce.Youths with disabilities
face significant challenges both in the school environment and in their
transitions to adult life.National studies and reports have shown that,
compared to their non-disabled peers, students with disabilities are
less likely to receive a regular high school diploma; drop out twice as
often; enroll in and complete postsecondary education programs at half
the rate; and, up to two years after leaving high school, aboutfour in
10 youths with disabilities are employed as compared to six in 10
same-age out-of-school youths in the general population.
These
and other related findings on the secondary and postsecondary outcomes
of youths with disabilities have spurred federal and state efforts to
improve transition policies and practices.Federal and state efforts to
improve the postschool outcomes ofyouths with disabilities have
resulted in some important gains over the past decade, including
graduation rates, enrollment in postsecondary education and the number
of youths entering theworkforce; however, despite these gains, far too
many youths with disabilities continue to experience difficulties in
achieving successful post-school outcomes. We are making progress, but
we still have work to do.
Toward that end, I am excited to share
with you the Federal Register notice inviting public comment on the
Notice of Proposed Priority and Definitions under the Rehabilitation
Services Administration’s Special Demonstration Programs Model
Demonstration Projects Improving the Postsecondary and Employment
Outcomes of Youths With Disabilities. This priority is intended to
improve the post-school and employment outcomes of youths with
disabilities. We invite you to submit comments to help ensure that it
does.
The NPP is open for public comment until Mar. 19, 2007.
The Federal Register notice, including relevant dates and
directions on how to submit comments, may be viewed in HTML and
PDF formats by clicking here.
You may view this notice, as well as all other Department of Education documents published in the
Federal Register at http://www.ed.gov/news/fedregister/index.html.
Sincerely,
John H. Hager
Assistant SecretaryOffice of Special Education and Rehabilitative Services
U.S. Department of Education
In the System, but Not of the System
In a few weeks we are going into our son’s articulation IEP meeting to High School. Articulation refers to that high stress meeting when we morph a grade schooler into a high schooler. We have had several productive pre-meetings, but this IEP is still a high stress event.
Special Education Advocacy Training
I have added a link to the blog of my schedule of public presentations on special education advocacy and other trainings.
FDA Issues New Warnings for Common ADHD Medications
The FDA has issued new warnings for many of the medications prescribed to treat some of the common symptoms of ADHD. Included on the list are Ritalin, Adderal, Concerta, Focalin, Strattera among others. The FDA is requiring additional drug guidance to address concerns about the following:
" reports of serious cardiovascular adverse events in patients taking usual doses of ADHD products revealed reports of sudden death in patients with underlying serious heart problems or defects, and reports of stroke and heart attack in adults with certain risk factors.
Another FDA review of ADHD medicines revealed a slight increased risk (about 1 per 1,000) for drug-related psychiatric adverse events, such as hearing voices,
becoming suspicious for no reason, or becoming manic, even in patients who did not have previous psychiatric problems.
FDA recommends that children, adolescents, or adults who are being considered for treatment with ADHD drug products work with their physician or other health care professional to develop a treatment plan that includes a careful health history and evaluation of current status, particularly for cardiovascular and psychiatric problems (including assessment for a family history of such problems)."
The bottom-line message is that under IDEA 2004 and for good sound medical reasons, decisions regarding medications should be decided in a doctor’s office not at an IEP meeting.
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