Missouri Advocates For Families Affected by Autism

We are a citizens action group advocating and lobbying for families that have a child with special needs. We believe that EVERY child has a right to a FREE and APPROPRIATE EDUCATION and should NEVER BE LEFT BEHIND.

Wednesday, February 26, 2014

Teacher records autistic boy stuck in chair - WNEM TV 5

Teacher records autistic boy stuck in chair - WNEM TV 5



GOODRICH, MI (WNEM) -

An 11-year old autistic child gets his head stuck in a classroom chair but instead of helping, the teacher recorded it. 
Officials say the teacher, Nicole Mcvey, recorded it all on her cell phone as the rest of the class stood by. The incident happened in a fifth grade classroom at Oaktree Elementary in Goodrich last November. 
You can hear the teacher ask him if he wants to get tasered and then the principal comes in referring to it not being an emergency. He resigned shortly after.

At a meeting Monday night, parents rallied behind her at the school board meeting.
Patrick Greenfelder was hired by the boy's family as the incident has sparked so much controversy in the community.
Greenfelder says the teacher is on paid administrative leave while private tenure hearings debating her future take place.

Late last year the board voted to fire her.

Goodrich Superintendent Scott Bogner sent TV5 this statement.
Under Michigan's tenure law, that teacher has a right to a private hearing of any charges against her.  The district is obligated to respect that right and will not discuss specifics of this case.

Greenfielder says the incident happened in November and the community has rallied behind teacher without seeing this video. At the Goodrich school board meeting, parents continued to stick by her.
We're told the boy was stuck in the chair for roughly ten to fifteen minutes. 
His parents' attorney says they are considering a lawsuit against the school district, but they want to wait and see how the tenure hearings playout for the teacher involved.
Attorney Greenfelder has told me that the video was distributed to not just school staff, but to the friends of the principal and teacher who were not school staff. He says this is a violation of the Family Educational Rights and Privacy Act (FERPA) and contradicts the argument that this was a "teaching moment."

Sunday, February 23, 2014

Thimerosal and Autism Timeline | A Shot of Truth

Thimerosal and Autism Timeline | A Shot of Truth

CDC forced to release documents showing they knew vaccine preservative causes autism | The Refusers

CDC forced to release documents showing they knew vaccine preservative causes autism | The Refusers



The CDC has been shunning the correlations between thimerosal and neurological disorders for a very long time. Although the FDA gave a two year deadline to remove the mercury based preservative from vaccines after the neurotoxin was banned in 1999, it still remains to this day in60 percent of flu vaccines. A vaccine industry watchdog has now obtained CDC documents that show statistically significant risks of autism associated with the vaccine preservative, something the CDC denies even when confronted with their own data.
For nearly ten years, Brian Hooker has been requesting documents that are kept under tight wraps by the Centers for Disease Control and Prevention (CDC). His more than 100 Freedom of Information Act (FOIA) requests have resulted in copious evidence that the vaccine preservative Thimerosal, which is still used in the flu shot that is administered to pregnant women and infants, can cause autism and other neurodevelopmental disorders.
Dr. Hooker, a PhD scientist, worked with two members of Congress to craft the letter to the CDC that recently resulted in his obtaining long-awaited data from the CDC, the significance of which is historic. According to Hooker, the data on over 400,000 infants born between 1991 and 1997, which was analyzed by CDC epidemiologist Thomas Verstraeten, MD, “proves unequivocally that in 2000, CDC officials were informed internally of the very high risk of autism, non-organic sleep disorder and speech disorder associated with Thimerosal exposure.”

Factually, thimerosal is a mercury-containing compound that is a known human carcinogen, mutagen, teratogen and immune-system disruptor at levels below 1 part-per-million, and a compound to which some humans can have an anaphylactic shock reaction. It is also a recognized reproductive and fetal toxin with no established toxicologically safe level of exposure for humans.
In November, 1997, the U.S. Congress passed the Food and Drug Administration Modernization Act, requiring the study of mercury content in FDA-approved products. The review disclosed the hitherto-unrecognized levels of ethylmercury in vaccines.
In July 1999, public-health officials announced that thimerosal would be phased out of vaccines. The CDC, American Academy of Pediatrics, and FDA insisted that the measure was purely precautionary. They requested of all vaccine manufacturers to eliminate mercury from vaccines.
The requests were denied by vaccine manufacturers and continued every year thereafter.
The FDA does not require ingredients that comprise less than 1 percent of a product to be divulged on the label, so a lot more products may have thimerosal and consumers will never know.
Elevated Risk of Autism
When the results of the Verstraeten study were first reported outside the CDC in 2005, there was no evidence that anyone but Dr. Verstraeten within the CDC had known of the very high 7.6-fold elevated relative risk of autism from exposure to Thimerosal during infancy. But now, clear evidence exists. A newly-acquired abstract from 1999 titled, “Increased risk of developmental neurologic impairment after high exposure to Thimerosal containing vaccine in first month of life” required the approval of top CDC officials prior to its presentation at the Epidemic Intelligence Service (EIS) conference. Thimerosal, which is 50% mercury by weight, was used in most childhood vaccines and in the RhoGAM shot for pregnant women prior to the early 2000s.
The CDC maintains there is “no relationship between Thimerosal-containing vaccines and autism rates in children,” even though the data from the CDC’s own Vaccine Safety Datalink (VSD) database shows a very high risk. There are a number of public records to back this up, including this Congressional Record from May 1, 2003. The CDC’s refusal to acknowledge thimerosal’s risks is exemplified by a leaked statement from Dr. Marie McCormick, chair of the CDC/NIH-sponsored Immunization Safety Review at IOM. Regarding vaccination, she said in 2001, “…we are not ever going to come down that it [autism] is a true side effect…” Also of note, the former director of the CDC, which purchases $4 billion worth of vaccines annually, is now president of Merck’s vaccine division.
Toxic Effects of Thimerosal No Longer Disputed by Scientific Study
Thimerosal-Derived Ethylmercury in vaccines is now well established as a mitochondrial toxin in human brain cells.
There are dozens of scientific inquiries and studies on the adverse effects of thimerosal, including gastrointestinal abnormalities and immune system irregularities.
Thimerosal, is metabolized (converted) into the toxic and “harmful” methylmercury. And then in turn, the harmful methylmercury is metabolized (converted) into the most harmful, long-term-toxic, “inorganic” mercury that is retained in bodily tissue.
“Inorganic” mercury is the end product of mercury metabolism. Methylmercury subject groups confirm that the metabolic pathway for mercury in the human and animal body consists in the reduction/conversion of the harmful methylmercury into a more harmful “inorganic” mercury which is tissue-bound, and long-term-toxic. Hence, both the originating substance (methylmercury) and its conversion/reduction, inorganic mercury are found.
Based on published findings by Dr. Paul King, the metabolic pathway for organic mercury involves the conversion of Ethylmercury (Thimerosal) into “methylmercury” and then the further reduction of “methylmercury” into inorganic mercury.
Congress Must Act
Dr. Hooker’s fervent hope for the future: “We must ensure that this and other evidence of CDC malfeasance are presented to Congress and the public as quickly as possible. Time is of the essence. Children’s futures are at stake.” A divide within the autism community has led to some activists demanding that compensation to those with vaccine-injury claims be the top priority before Congress. Dr. Hooker maintains that prevention, “protecting our most precious resource — children’s minds,” must come first. “Our elected officials must be informed about government corruption that keeps doctors and patients in the dark about vaccine risks.”
Referring to an organization that has seen its share of controversy this past year, Dr. Hooker remarked, “It is unfortunate that SafeMinds issued a press release on my information, is accepting credit for my work and has not supported a worldwide ban on Thimerosal.”
Brian Hooker, PhD, PE, has 15 years experience in the field of bioengineering and is an associate professor at Simpson University where he specializes in biology and chemistry. His over 50 science and engineering papers have been published in internationally recognized, peer-reviewed journals. Dr. Hooker has a son, aged 16, who developed normally but then regressed into autism after receiving Thimerosal-containing vaccines.
Dave Mihalovic is a Naturopathic Doctor who specializes in vaccine research, cancer prevention and a natural approach to treatment.

Thursday, February 20, 2014

Healthy Schools

Healthy Schools



Missouri


Last Updated: 3/30/2012
Bullying/Harassment:Revised statute 160.775 (2009) requires every district to adopt an antibullying policy. Policies must treat students equally, not contain specific lists of protected classes who are to receive special treatment, and must contain a statement of the consequences of bullying. Each district's policy must require district employees to report any instances of bullying which the employee has first hand knowledge and must address training of employees.

Revised Statute 160.261 (2008) includes harassment as an "act of violence" that requires mandatory reporting by school administrators to the appropriate law enforcement agency. Harassment includes the following: (1) Knowingly communicating a threat to commit a felony to another person, thereby frightening, intimidating or causing emotional distress to such other person, (2) When communicating with another person, knowingly using coarse language offensively, thereby putting such person in reasonable apprehension of offensive physical contact or harm, (3) To knowingly frighten, intimidate or cause emotional distress to another person by anonymously making a telephone call or any electronic communication ("cyberbullying"), (4) Knowingly communicating with another person who is, or purports to be, seventeen years of age or younger, and in doing so recklessly frightening, intimidating or causes emotional distress, (5) Knowingly making repeated unwanted communication to another person, and (6) Engaging in any other act with the purpose to frighten, intimidate or emotionally distress another person.
Cyberbullying: Revised Statute 160.775 (2009) includes states that bullying may consist of physical actions, or oral, including cyberbullying, electronic, or written communication, and any threat of retaliation for reporting of such acts. The statute requires every district to adopt an anti-bullying policy. Revised Statute 160.261 (2008) includes harassment as an "act of violence" that requires mandatory reporting by school administrators to the appropriate law enforcement agency. This includes knowingly frightening, intimidating or causing emotional distress to another person by anonymously making a telephone call or any electronic communication ("cyberbullying").
Hazing: No state policy addressing elementary or secondary schools.

Saturday, February 15, 2014

Lee's Summit R-7 School District: How Do They Sleep At Night?

Lee's Summit R-7 School District: How Do They Sleep At Night?

Tuesday, August 9, 2011

Sometimes I sit and relive the past four years. I think of all of the tears, anger, frustration, fear, anxiety, and hurt that my family has gone through. Then I think of all of the other families that are going through the same thing. Their lives being destroyed while they sit back and helplessly watch it happen.

One thing always comes to mind. How do the people that are paid with my tax dollars sleep at night? How can they destroy the life and future of another human being and then take their paycheck? How can they hug their children while they are destroying the lives of other children?

I was raised in the 60s and the 70s. My parents were strict and taught us to be honest, caring, and loving human beings. We were taught that you never progress in life without hard work, integrity, honor, and respect. You never hurt others or lie.

I wonder what the parents our of teachers, principals, superintendents, legislators, and school board officials taught their children. Would they be disgusted by the things that their children do to innocent children? Would they be dismayed that their children care about nothing more than self promotion and the almighty dollar? Would they be proud that their children are successful because they are robbing children of their future? My parents would disown me. They would not tolerate the behavior that I see every day.

I have been to many school meetings and sat across the table as these people have lied, cheated, and stolen my child's future. I have seen my legislator sell out my child to further his political career and then lie about it and call me a politcal stalker. I am powerless to stop them. They have all of the power and my hard earned tax dollars have bought it for them.

How many lives are going to be destroyed before this is stopped? How many people are willing to stand up for their children no matter what the consequences are? I am. I have been for four years. Its a lonely journey and I invite you to join me.



Thursday, February 13, 2014

Autistic child's mom wants cameras in special needs classes

Autistic child's mom wants cameras in special needs classes



CLEVELAND -- Tara Heidinger wants cameras in all special needs classrooms in Ohio. She started this campaign when her son, Corey, came home with bruises on his arm.
"He said the teacher was mean to me," Heidinger said.
She says her son is autistic and the school believed he made it up. There was no proof of abuse, so that's when this mom decided cameras should be in Ohio special needs classrooms.
"I want more eyes and ears in these classes," says Heidinger.
She hopes legislation will be introduced in Ohio soon. She has a Facebook page and supporters all over the country and world.
Not everyone agrees.
The Ohio Education Association said this:
"Incidents of abuse are abhorrent, but rare. Current school district policies guard against such incidents and provide the means to correct any neglectful or abusive practices. The ramifications of mandating cameras in the classroom pose greater issues for student privacy than merely seeking to eliminate abuse."

Tuesday, February 11, 2014

Restraints, Seclusions Target Students With Autism, New Report Shows | Connecticut Health Investigative Team

Restraints, Seclusions Target Students With Autism, New Report Shows | Connecticut Health Investigative Team



Children with autism were the most frequently subjected to restraint or seclusion in Connecticut schools in the 2012-13 school year, according to a new state report that tallied more than 33,000 incidents of physical restraint or seclusion in public schools and private special education programs.
The report from the state Department of Education shows that autism was the primary disability among special education students subject to “emergency” restraint or seclusion, with 40.4 percent of all such incidents involving a child with autism. Autism also accounted for nearly half of all cases in which children were put in seclusion as part of their individualized education plans, or IEPs.
Restraint graphic
Jordan Harrison Graphic
The report shows a slight decline from the previous year in the overall number of students restrained or secluded, and a drop in reports of injuries – from 840 in 2011-12, to 378 last year. But the number of serious injuries rose from eight to 10, and more than 900 reported episodes of seclusion or restraint lasted more than an hour.
“This is just so disheartening,” said Shannon Knall of Simsbury, policy chair of the Connecticut chapter of Autism Speaks, an advocacy group. She blamed the high incidence of children being restrained and secluded on “a tremendous lack of training” of teachers and school staff in alternative interventions.
“The numbers of children with autism are skyrocketing, and I think our school districts are just overwhelmed,” she said. “The people on the front lines need training and tools” in alternative behavior management. “If you only give someone a hammer and a nail, that’s all they’re going to use.”
This is the second year that the state Department of Education has compiled data on restraints and seclusions submitted by schools. While the education department has no specific strategy to reduce those practices, the report says that the “continued examination” of the data will inform “technical assistance and trainings” that promote the use of positive interventions and reduce reliance on restraint and seclusion.
The release of the report comes as a coalition of eight state agencies, including the Office of the Child Advocate and Office of Protection and Advocacy for Persons with Disabilities, begins a public education campaign to reduce the unnecessary use of restraints and seclusion in schools. The education department is a partner in that effort.
Sarah Eagan, the state’s child advocate, said the new report illustrates that the use of physical restraint and seclusion is still common in schools, especially among young children with developmental disabilities. About half of all the 2012-13 incidents involved special education students in grades five and below, with about 180 incidents involving children in kindergarten and pre-K.
“What this highlights is that ultimately, the practices are widespread,” Eagan said. “What we have to remember is that the use of restraints and seclusion [for behavior management] has no research to support it. We’re really going to have to support schools and teachers with resources and tools so they can find a better way” to de-escalate problem behaviors.
A seclusion room for children with emotional/behavioral problems.
A seclusion room for children with emotional/behavioral problems.
Connecticut state law allows for the use of restraints and seclusion in emergencies that pose imminent danger to a student or others. It also allows for special education students to be put in seclusion if their IEPs provide for such measures – a provision that some child advocates say is overly broad.
Schools reported that the majority of restraints and seclusions – 71 percent -- were in response to emergency risk of harm, with the remaining 7,741 seclusions done in accordance with an IEP. In many cases, individual children were restrained and secluded multiple times throughout the year. Forty students were physically restrained or secluded more than 100 times -- and 11 of them were subject to those practices 300 to 900 times during the year, the report shows.
Eagan noted that the U.S. Department of Education issued a “resource document” to schools in 2012 that discourages the use of physical restraints or seclusion except in extreme situations where a child’s behavior poses imminent danger of serious harm to self or others. But there is no federal law restricting the practices.
Data in the new state report shows the majority of restraints and seclusions lasted 20 minutes or less. However, 30 emergency restraints and 119 seclusions lasted more than two hours.
Farm Hill Elementary School
Farm Hill Elementary School
Reporting by individual school districts and programs varied widely, with some smaller programs reporting hundreds of incidents, and some large districts reporting a handful. Hartford schools reported no incidents, Bridgeport reported 28, and New Haven reported 54.
Education department officials said they were following up with districts that reported very low numbers.
Eagan said that, on the flip side, some programs may be diligently reporting “every time they put hands on a student,” boosting their numbers.
Among districts reporting the highest number of restraints and seclusions were: East Hartford, with 1,644 cases involving 165 special education students; Darien, with 895 incidents involving 10 students; Vernon, with 357 incidents involving 24 students; and Windsor, with 298 incidents involving 19 students.
High numbers were reported by many state-approved private special education programs and regional education centers, including: CREC, with 3,860 cases involving 89 students; Benhaven School in Wallingford, which serves children with autism, with 2,162 incidents involving 30 students; and the Connecticut Center for Child Development in Milford, which also specializes in autism, with 3,183 cases involving 35 students.
The co-chairs of the legislature’s Committee on Children, Sen. Dante Bartolomeo and Rep. Diana Urban, both expressed concerns about the unnecessary use of restraints and seclusion at a recent forum on the issue convened by the Office of the Child Advocate and the Office of Protection and Advocacy. Last year, leaders of those two agencies called for an end to the use of restraints and seclusion as behavioral interventions in schools, as they investigated the controversial use of “scream rooms” at the Farm Hill Elementary School in Middletown.
The report indicates that black and Hispanic children are more likely to be restrained and secluded than white students. Fifty-seven percent of students who were restrained or secluded were members of minority groups, while the majority of special education students statewide are white.
Read the full report below.

Monday, February 10, 2014

Restraints, seclusions target Connecticut students with autism

Restraints, seclusions target Connecticut students with autism



Children with autism were the most frequently subjected to restraint or seclusion in Connecticut schools in the 2012-13 school year, according to a new state report that tallied more than 33,000 incidents of physical restraint or seclusion in public schools and private special education programs.
The report from the state Department of Education shows that autism was the primary disability among special education students subject to “emergency” restraint or seclusion, with 40.4 percent of all such incidents involving a child with autism. Autism also accounted for nearly half of all cases in which children were put in seclusion as part of their individualized education plans, or IEPs.
The report shows a slight decline from the previous year in the overall number of students restrained or secluded, and a drop in reports of injuries — from 840 in 2011-12 to 378 last year. But the number of serious injuries rose from eight to 10, and more than 900 reported episodes of seclusion or restraint lasted more than an hour.
“This is just so disheartening,” said Shannon Knall of Simsbury, policy chair of the Connecticut chapter of Autism Speaks, an advocacy group. She blamed the high incidence of children being restrained and secluded on “a tremendous lack of training” of teachers and school staff in alternative interventions.
“The numbers of children with autism are skyrocketing, and I think our school districts are just overwhelmed,” she said. “The people on the front lines need training and tools” in alternative behavior management. “If you only give someone a hammer and a nail, that’s all they’re going to use.”
This is the second year that the state Department of Education has compiled data on restraints and seclusions submitted by schools. While the education department has no specific strategy to reduce those practices, the report says that the “continued examination” of the data will inform “technical assistance and trainings” that promote the use of positive interventions and reduce reliance on restraint and seclusion.
The release of the report comes as a coalition of eight state agencies, including the Office of the Child Advocate and Office of Protection and Advocacy for Persons with Disabilities, begins a public education campaign to reduce the unnecessary use of restraints and seclusion in schools. The Department of Education is a partner in that effort.
Sarah Eagan, the state’s child advocate, said the new report illustrates that the use of physical restraint and seclusion is still common in schools, especially among young children with developmental disabilities. About half of all the 2012-13 incidents involved special education students in grades five and below, with about 180 incidents involving children in kindergarten and pre-K.
“What this highlights is that ultimately, the practices are widespread,” Eagan said. “What we have to remember is that the use of restraints and seclusion (for behavior management) has no research to support it. We’re really going to have to support schools and teachers with resources and tools so they can find a better way” to de-escalate problem behaviors.
Connecticut state law allows for the use of restraints and seclusion in emergencies that pose imminent danger to a student or others. It also allows for special education students to be put in seclusion if their IEPs provide for such measures — a provision that some child advocates say is overly broad.
Schools reported that the majority of restraints and seclusions — 71 percent — were in response to emergency risk of harm, with the remaining 7,741 seclusions done in accordance with an IEP. In many cases, individual children were restrained and secluded multiple times throughout the year. Forty students were physically restrained or secluded more than 100 times — and 11 of them were subject to those practices 300 to 900 times during the year, the report shows.
Eagan noted that the U.S. Department of Education issued a “resource document” to schools in 2012 that discourages the use of physical restraints or seclusion except in extreme situations where a child’s behavior poses imminent danger of serious harm to self or others. But there is no federal law restricting the practices.
Data in the new state report shows the majority of restraints and seclusions lasted 20 minutes or less. However, 30 emergency restraints and 119 seclusions lasted more than two hours.
Reporting by individual school districts and programs varied widely, with some smaller programs reporting hundreds of incidents, and some large districts reporting a handful. Hartford schools reported no incidents, Bridgeport reported 28, and New Haven reported 54.
Education department officials said they were following up with districts that reported very low numbers.
Eagan said that, on the flip side, some programs may be diligently reporting “every time they put hands on a student,” boosting their numbers.
Among districts reporting the highest number of restraints and seclusions were: East Hartford, with 1,644 cases involving 165 special education students; Darien, with 895 incidents involving 10 students; Vernon, with 357 incidents involving 24 students; and Windsor, with 298 incidents involving 19 students.
High numbers were reported by many state-approved private special education programs and regional education centers, including: CREC, with 3,860 cases involving 89 students; Benhaven School in Wallingford, which serves children with autism, with 2,162 incidents involving 30 students; and the Connecticut Center for Child Development in Milford, which also specializes in autism, with 3,183 cases involving 35 students.
The co-chairs of the legislature’s Committee on Children, Sen. Dante Bartolomeo and Rep. Diana Urban, both expressed concerns about the unnecessary use of restraints and seclusion at a recent forum on the issue convened by the Office of the Child Advocate and the Office of Protection and Advocacy. Last year, leaders of those two agencies called for an end to the use of restraints and seclusion as behavioral interventions in schools, as they investigated the controversial use of “scream rooms” at the Farm Hill Elementary School in Middletown. The report indicates that black and Hispanic children are more likely to be restrained and secluded than white students. Fifty-seven percent of students who were restrained or secluded were members of minority groups, while the majority of special education students statewide are white.
This story was reported under a partnership with the Connecticut Health I-Team (www.c-hit.org).

Sunday, February 9, 2014

Eccentricities and Introspection

Eccentricities and Introspection



"I don't want to break his spirit"

Throughout the years others have tried though... I watched his smile fade as he encountered ignorance and lack of acceptance (specifically in school). I remember looking at this brown headed blue-eyed cutie and thinking "Why can't they just see what I do?"

 I have watched that smile return the past 2 years and his spark reignite as we found a place for him in the world where others  DID see him the way I did. A place where he is accepted and respected.

It wasn't about changing him to fit the world, it was more about changing the world around him to fit what he needed.

Friday, February 7, 2014

Mo. Senate confirms two appointments to state Board of Education after debating definition of 'layperson'

Mo. Senate confirms two appointments to state Board of Education after debating definition of 'layperson'



I applied for the open position in my area. I guess I didn't have enough experience working for the system. I guess I am the lay person that they didn't need.



JEFFERSON CITY • Five Missouri Senators huddled around a dictionary in the Senate Chamber this morning, page open to the word "layperson."



It was one several dictionaries floating around the chamber today as Senators debated the definition of a "layperson" for more than two hours.



The topic was brought up by Sen. Rob Schaaf, R-St. Joseph, as the Senate examined two gubernatorial appointments for the state Board of Education -- who were later confirmed.



Schaaf said, according to law, that board should consist of eight lay members appointed by the governor.



Schaaf did not think the two appointees -- Republican O. Victor Lenz, Jr. and Democrat John A. Martin -- met the definition of a layperson because they had too much experience in the education field.



Lenz is the current president of the St. Louis Area Curriculum Coordinators Association and former president of the Lindbergh School District Board of Education. He also was that district's assistant superintendent of curriculum and instruction.



Martin is a board member for the Missouri Center for Safe Schools and former superintendent of the Grandview School District. He also was the former interim superintendent of the Kansas City School District.



"We need to have lay people who are not conflicted by a lifetime of experience in the education community," Schaaf said.



While some senators agreed with Schaaf's sentiments, others felt the experience of the two appointees is important to address the tough questions related to education.



"This board needs people who know the ropes a little bit, but are willing to ask tough questions," Sen. Eric Schmitt, R-Glendale, said.



Sen. Maria Chappelle-Nadal, D-University City, said, in particular, she supported Lenz's appointment, despite her initial hesitations.



"I started my conversation (with Lenz) saying, 'I plan to kill your appointment,' " Chappelle-Nadal said. "I said at the end of the conversation, 'You have impressed me more than any other (appointee).' He has the ability to be intelligent on issues and think independently of others."



Lenz will begin serving on the board immediately. His term will end July 1, 2019. Martin's term will end July 1.



The Senate confirmed 18 other appointments today, including Richard Fordyce as director of the Agriculture Department and Mike Downing to head the Economic Development Department.



Alex Stuckey covers Missouri politics and state government for the Post-Dispatch. Follow her on Twitter at @alexdstuckey.

Monday, February 3, 2014

J.D. v. Atlanta Public Schools: A Lesser Spirit Would Have Been Crushed Long Ago" by Pamela Wright & Peter Wright

J.D. v. Atlanta Public Schools: A Lesser Spirit Would Have Been Crushed Long Ago" by Pamela Wright & Peter Wright

Court Upholds Award of Compensatory Education in Draper v. Atlanta Public Schools: "Poor Man's Burlington Remedy" by Steven Wyner, Esq. - Wrightslaw.com

Court Upholds Award of Compensatory Education in Draper v. Atlanta Public Schools: "Poor Man's Burlington Remedy" by Steven Wyner, Esq. - Wrightslaw.com



ourt Upholds Award of Compensatory Education in Draper v. Atlanta:
"Poor Man's Burlington Remedy"

by Steven Wyner, Esq. & Marcy J. K. Tiffany, Esq.
On March 6, 2008, the Court of Appeals unanimously upheld the decision of the District Court in favor of our client in Jarron Draper v. Atlanta Independent School System (11th Cir. 2008).
Jarron DraperIn 2007, the District Court had ordered the Atlanta Independent School System to pay Jarron's tuition at a private special education school for four years, or until he graduated with a regular high school diploma, as prospective compensatory education for their persistent failure to educate him.

The Atlanta Independent School System and Jarron appealed to the U. S. Court of Appeals for the Eleventh Circuit to resolve different issues.
Prospective Compensatory Education in a Non-Public School
The U.S. Court of Appeals for the Eleventh Circuit approved the District Court's award of compensatory education requiring the School System to fund prospective educational services provided by a private school. The Court specifically rejected the notion that the student had to prove that the public school system was incapable of providing the compensatory education.
The Court relied on the Supreme Court decisions in Sch. Comm. of Burlington v. Dep't of Educ., 471 U.S. 359, 105 S.Ct. 1996 (1985) and Florence County Sch. Dist. Four v. Carter ex rel. Carter, 510 U.S. 7, 16, 114 S.Ct. 361, 366 (1993), which held that school districts are required to reimburse parents for the costs of private placements in nonpublic schools when the public school failed to provide an appropriate education.
IDEA Does Not Provide Wealthier Parents with Greater Benefits Than Poorer Parents
Relying on these decisions, the Court reasoned that the District Court had the authority to require a public school to pay the cost of prospective compensatory education that would be provided by a private school.

The Court held that:

"The argument of the School System would provide those wealthier parents greater benefits under the Act than poorer parents. We do not read the Act as requiring compensatory awards of prospective education to be inferior to awards of reimbursement. The Act does not relegate families who lack the resources to place their children unilaterally in private schools to shouldering the burden of proving that the public school cannot adequately educate their child before those parents can obtain a placement in a private school. The Act instead empowers the district court to use broad discretion to fashion appropriate relief."

"Poor Man's Burlington Remedy" for Families That Cannot Afford Private School Tuition
The 11th Circuit fashioned a "poor man's Burlington remedy" for families that cannot afford to unilaterally remove their child from a public school and pay the cost of educating a child in a private school after the public school failed to provide a FAPE, while also incurring the expense of a due process hearing and subsequent litigation before they can recover the cost of tuition for the private placement.
Significance of Decision in Draper
Negotiating for Quality Compensatory Education Services
This decision should help special needs families and their counsel in negotiating settlements that provide quality educational remediation when their child has been denied a free appropriate public education (FAPE).

When the school system fails to provide FAPE, the family can and should ask for compensatory education from a non public agency or school.
Public schools often offer to provide compensatory education in the form of supplemental educational services provided by their staff. Since the public school failed to provide FAPE previously, compensatory educational services provided in the future (prospectively) by school district staff is generally an ineffective remedy. The same teachers who previously failed to educate the child would be responsible for remediating their past failures.
Compensatory Education Requires More
School officials are fond of interpreting Board of Ed. of Hendrick Hudson Central School Dist. v. Rowley, 458 U.S. (1982) as requiring that they provide the educational equivalent of a Chevrolet and not a Cadillac.
While the Supreme Court decision in Rowley requires school districts to provide special needs students with a "basic floor of opportunity" that provides "some educational benefit," the 11th Circuit held that compensatory awards must do more, and "should place children in the position that they would have been in but for the violation of the Act." Jarron Draper v. Atlanta Independent School System (11th Cir. 2008)
Simple Themes: Teaching a Child to Read
Simple themes win cases. In Jarron's case, the themes included the following: the school system failed to appropriately evaluate him, misdiagnosed him as mentally retarded when he had dyslexia, and failed to teach him to read.

If schools don't teach children the basic skills of reading, writing and math, these children will not have an opportunity to become productive, self sufficient members of society, as envisioned by the IDEA.
When you read the decisions from the U. S. District Court and the U. S. Court of Appeals for the Eleventh Circuit, you see this theme repeated over and over - that Jarron's reading skills were at the 3rd grade level, year after year, until he finally left school.
Resources: Draper v. Atlanta Independent School System
"A Lesser Spirit Would Have Been Crushed Long Ago" is the "inside story" of Jarron Draper's case. When the Judge issued a favorable decision in 2007, Jarron was 20 years old, stocking shelves at Target and working as a security guard. He couldn't read, earn a high school diploma, or fulfill his dream of attending college.

In A Lesser Spirit, you'll learn about the battles his family fought, how school employees viewed their responsibilities to Jarron, and who stepped up to the plate to represent him in the due process hearing. You'll learn about some legal issues - burden of proof, statute of limitations, and remedies for the failure to provide a child with a free appropriate education. You'll meet the dedicated and talented attorneys who also stepped up to the plate to help Jarron and his family when their case went to federal court.


Legal

Complaint in Jarron Draper v. Atlanta Public Schools (03/01/07)

Jarron Draper v. Atlanta Independent School District (N.D. GA 2007) - The U. S. District Court finds, "Based upon a preponderance of the evidence, the Court concludes that APS failed to provide J.D. with a FAPE for the 2002-03,2003-04, and 2004-05 school years. APS failed to timely assess J.D. in the 2002-03 school year making it impossible for APS to design a proper IEP to meet J.D.'s unique needs." The Court ordered the school system to pay for four years of compensatory education at a private special education school.(03/20/07)

Jarron Draper v. Atlanta Independent School System (11th Cir. 2008) - The U. S. Court of Appeals for the Eleventh Circuit unanimously upheld the decision of the District Court and ordered Atlanta Public Schools to pay Jarron's tuition for four years at a private special education school as compensatory education for their persistent failure or refusal to educate him. (03/06/08) 
News

Atlanta school tuition case is ‘tip of iceberg’ - Dyslexic student awarded $38K toward education after being placed in special education classes in Atlanta Public Schools - Jones Day attorney David M. Monde, who represented Jarron Draper as co-counsel with Wyner & Tiffany, suggested that Jarron’s case is “the tip of the iceberg … given this kid’s needs are not particularly unique. There are an awful lot of other Jarrons out there in the system who just don’t get the help they need.” (Daily Report, 04/03/07)
Jones Day Obtains Pro Bono Eleventh Circuit Win for Special Education Student - Jones Day represented Jarron Draper, against the Atlanta Public Schools (APS) in an appeal of last year's order from U.S. District Court Judge Shoob that APS pay up to $156,000 in future private school tuition, plus transportation costs, because of APS' multiple violations of federal law. The Firm worked with California-based Wyner & Tiffany, a nationally-recognized firm in the area of special education law. (Jones Day, 03/08) 
Family Says School Misdiagnosed Boy As "Retarded" from www.wsbtv.com (includes link to video)

Atlanta Schools Told to Pay up to $136,600 For Private Tuition: Student's Dyslexia was Misdiagnosed by Kristina Torrcis - A federal judge has ordered Atlanta Public Schools to pay for a former student misdiagnosed as mentally disabled to go to private school to get his high school diploma.
The student, Jarron Draper, now 20, has been out of school since June, stocking shelves at Target and working full time as a security guard while he and his family fought for an education that he hopes will get him into college. (Atlanta Journal-Constitution, 03/23/07) 

Alert! Civil Rights Case: Discrimination & Retaliation - Wrightslaw.com

Alert! Civil Rights Case: Discrimination & Retaliation - Wrightslaw.com



Violation of Civil Rights: Discrimination Under Section 504
In Jarron Draper's civil rights case, he "asserts that he suffers from injuries as a result of his educational deprivations that cannot be addressed by any amount of compensatory education" and is requesting damages under Section 504 of the Rehabilitation Act.

On March 31, 2008, the U. S. District Court of Georgia issued a decisionthat denied the motion by the Atlanta Independent School District (“APS”) to dismiss Jarron’s civil rights claims that APS discriminated against him and retaliated against him and his family. In Jarron’s civil rights Complaint, he asserted that:
  • APS incorrectly assessed Jarron as mentally retarded in fourth grade
  • APS placed him in a functional program for the mildly intellectually delayed (“M.I.D.")
  • APS failed to reassess him for over five years as required by law, and
  • after learning that Jarron has dyslexia, APS moved him from the M.I.D. program into a 10th grade regular ed program with no support or remediation, which caused him to fail
In this decision, the District Court held:

"In addition to being denied appropriate educational services, J.D. also alleges that he suffers from stigmatization as a result of being improperly labeled 'mentally retarded' throughout most of his educational career.There is little doubt that the harm suffered by J.D. exceeded a mere denial of FAPE (emphasis added) ... the cumulative impact ... supports a reasonable inference that defendants may have exercisedbad faith or gross misjudgment (emphasis added) in denying J.D. access to a free and appropriate education" in violation of Section 504 of the Rehabilitation Act.
 

Read decision

Violation of Civil Rights: Retaliation Against Jarron and his Family 
The court also refused to dismiss the retaliation claims, explaining that:

"The Rehabilitation Act's anti-retaliation regulation provides that "[n]o recipient ... shall intimidate, threaten, coerce, or discriminate against any individual for the purposes of interfering with any right or privilege secured by [the Act], or because he has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing ..." 34 C.F.R. § 100.7(e)

Specifically discussing the retaliation claim, the court held that "a causal link is supported by plaintiff’s allegation that ‘[w]hen J.D. and his aunt challenged his placement in the M.I.D. program, ‘Faustina Haynes made [it] clear that he would always be M.I.D. and would never graduate from high school.’”

The Court concluded that "plaintiff's and his family's requests for reassessment and their resort to administrative remedies triggered retaliatory conduct appears plausible."
Exhaustion of Administrative Remedies

According to Wyner and Tiffany, "APS had moved to dismiss the 504 claims on various grounds, including failure to exhaust and statute of limitations. 

"With respect to exhaustion, the court held that the due process request mentioned the 504 claims, including the retaliation claim. Although the the administrative decision did not expressly rule on those claims, the decision does include relevant factual findings that go beyond what was necessary to find a denial of FAPE. The court further held that because of the comprehensive remedies received in the due process case, further exhaustion was excused as futile."


Statute of Limitations

"The court also denied the motion to dismiss on the grounds of the statute of limitations. APS argued that because the 504 claims had not been brought within two years of when they accrued, they were barred by the statute of limitations."

"The court agreed with plaintiffs that the statute of limitations on the civil rights claims did not begin to run until the student was 18 years old. In any case, the statute was equitably stayed under federal law while the Jarron's family exhausted their claims under IDEA."


Court Rejected Claims Based on Section 1983

"Although the court rejected various claims based on section 1983 (joining the growing number of courts that have rejected a 1983 claim premised on a violation of the IDEA), this case provides substantial support to plaintiffs who attempt to pursue civil rights claims under Section 504 related to underlying violations of the IDEA."

Filing Due Process under IDEA if Civil Rights Claims by Wyner and Tiffany
According to Wyner and Tiffany, lead counsel in Jarron's cases, "The court’s analysis contains some very important guidance for plaintiffs whofile for due process for a denial of FAPE under the Individuals with Disabilities Act (IDEA), but believe they may also have civil rights claims under Section 504 after exhausting.

The Court found that "Plaintiffs due process hearing was not limited to whether J.D. was denied a FAPE ... [the] due process complaint cited Section 504, ADA, and state law grounds for relief ... specifically mentioning retaliation and defendants' 'willful disregard' of J.D.'s educational rights."

"Even though hearing officers will refuse to rule on the civil rights claims on the ground that they do not have jurisdiction to decide such claims, it is important to include these claims in the due process request. It is also important to introduce evidence relevant to these claimsduring the due process hearing, to the extent that the hearing officer will allow it."

We asked Marcy Tiffany of Wyner and Tiffany what will happen next?
"The next step will be to engage in discovery, including depositions, and ultimately a jury trial. Along the way there will probably be some summary judgment motions and, of course, there is always the possibility of settlement."

We will keep you posted on new developments in this unique case.

Jarron Draper v. Atlanta Public Schools: Background &  Decisions
On March 20, 2007, the U. S. District Court of Georgia ordered the Atlanta Independent School System to pay Jarron Draper's tuition at a private special education school for four years, or until he graduated with a diploma from high school, as prospective compensatory education for their persistent failure to educate him.

The Judge ruled that 
"Compensatory awards should compensate, and this means that they must do more than provide ‘some benefit’ as required by ordinary IEPs ...Read decision

The District Court held that: 


"Compensatory education involves discretionary, prospective, injunctive relief crafted by a court to remedy what might be termed an educational deficit created by an educational agency's failure over a given period of time to provide a FAPE to a student ...

"Compensatory awards should compensate, and this means that they must do more than provide ‘some benefit’ as required by ordinary IEPs ... compensatory education is necessary to preserve a handicapped child's right to a free education."
Appeal

The Atlanta Independent School System and Jarron appealed to the U.S. Court of Appeals for the Eleventh Circuit to resolve different legal issues.  On March 6, 2008, the Court of Appeals unanimously upheld the decision of the District Court in Jarron Draper v. Atlanta Independent School System (11th Cir. 2008).

The Court of Appeals unanimously upheld the District Court's award of compensatory education that required the school system to pay prospective educational services provided by a private school. (11th Cir. 2008). The Court specifically rejected the notion that the student had to prove that the public school system was incapable of providing the compensatory education. Read decision.

Relying on decisions from the U.S. Supreme Court in Sch. Comm. of Burlington v. Dep't of Educ., 471 U.S. 359, 105 S. Ct. 1996 (1985) andFlorence County Sch. Dist. Four v. Carter ex rel. Carter, 510 U.S. 7, 114 S. Ct. (1993), the Court of Appeals affirmed that the District Court had the authority to require a public school to pay the cost ofprospective compensatory education that would be provided by a private school.

"Poor Man's Burlington Remedy"

Read about the significane of Jarron's IDEA case in Poor Man's BurlingtonRemedy by Stephen Wyner & Marcy Tiffany. 

"A Lesser Spirit Would Have Been Crushed Years Ago"

To learn more about Jarron, his family, and their struggles, read 
A Lesser Spirit Would Have Been Crushed Years Ago by Pamela Wright and Peter Wright.