Tag Archive for 'law'

Students with EBD Hit Hardest by Texas Cap in Special Ed Enrollment

According to reports Brian M. Rosenthal published in the Houston (TX, US) Chronicle, since the early 2000s when the Texas Education Agency (TEA) essentially limited enrollment in special education to 8.5% of the school population, the category of students with disabilities that saw the largest decline in enrollment was emotional disturbance.

Mr. Rosenthal published a series of articles reporting his investigation of systematic denial of services to students with disabilities in Texas beginning in September 2016. The TEA created a system for rating local education agencies’ special education programs that included a benchmark for how many students should be be enrolled. In an installment published 19 November 2016 and entitled “Mentally ill lose out as special ed declines,” he begins the report with the story of Alston Jeffus, an adolescent who is on his way home after spending months in a state hospital. Here are a few paragraphs from Mr. Rosenthal’s article:

The Texas Education Agency’s decision to set an 8.5 percent target for special education enrollment has led schools to cut services for children with all types of disabilities, but mentally ill students like Alston have been disproportionately affected, the Houston Chronicle has found.

Federal law requires schools to provide counseling, therapy, protection from discipline and other support to children with “emotional disturbances,” including severe anxiety, depression, bipolar disorder and post-traumatic stress disorder. Today, however, Texas schools serve 42 percent fewer of those students, relative to overall enrollment, than when the TEA set the benchmark in 2004.

It is a bigger drop than has occurred in almost any other disability category.

In all, an estimated 500,000 school-age children in Texas have a serious mental illness that interferes with their functioning in family, school or community activities, according to the state Health and Human Services Commission.

Only 30,034 receive special education services.

There is a lot more to this story (subscription may be required). I recommend it to readers. Also, I encourage readers haven’t been following Mr. Rosenthal’s excellent reporting on this matter to catch up; the Chronicle published a guide to the series.

Mr. Kinsey was not the target: Better or worse?

According to John Rivera, the head of Police Benevolent Association of Dade County (FL, US), the bullet that struck Mr. Charles Kinsey on Monday 18 July 2016 (while Mr. Kinsey was working to return a young man with Autism to the young man’s nearby group living facility) was not aimed at Mr. Kinsey. The officer was firing at the young man with Autism.

According to reporters for the Miami (FL, US) Herald, Mr Rivera apparently was concerned that people in the public were contextualizing the shooting as an exemplar of police conflict with African-Americans. Mr. Kinsey is Black. The Herald reporters, Alex Harris, David Ovalle, and Charles Rabin, reported that people protested the shooting at a Miami police station.

The shooting of Kinsey and the video that accompanied the stories caused an uproar. Thursday night about 40 Black Lives Matter protestors stormed into the North Miami police department demanding that the officer who shot Kinsey be fired.

For his part, Mr. Rivera expressed concern about misinformation fueling the community protest.

“I couldn’t allow this to continue for the community’s sake,” Rivera said Thursday during a hastily called press conference at the union’s Doral office. “Folks, this is not what the rest of the nation is going through.”

So, we have an apparent conflict between two communities that are concerned about the use of force against members of their respective communities. I agree with them both. Fewer shots. More calm talk. Understand Autism.

U.S. Congresswoman Frederica Wilson of Miami Gardens visited North Miami Thursday and made a brief statement saying, “We’re all in shock today,” and calling for officers to be trained in dealing with autism and mental-health issues.

Rivera said it wasn’t clear Thursday if the officer who fired his weapon had undergone Crisis Intervention Training. The session is required in many departments when an officer joins and is urged as a refresher in ensuing years. It is not required in North Miami.

Thank you, Representative Wilson!

Sources:

Police encounters with Individuals with Autism of the bad kind

In South Florida (US) on 18 July 2016 a caregiver for a young man with Autism was shot by police while he was working to protect the young man from harm. Parts of the scene were recorded on bystander video.

As faithful readers will recall, on EBD Blog, I have repeatedly expressed concern about what happens when police officers, some of whom are accustomed to demanding immediate compliance with commands, would encounter an individual with Autism who might seem not to hear the commands and, thus, would not comply. The situation could easily escalate with the individual with Autism engaging in idiosyncratic behaviors that could confuse officers. The officers could shout commands more loudly. The individual with Autism might even flee (i.e., resist arrest).

Near North Miami on 18 July 2016 a twist on this situation occurred. A 23-year-old man with Autism had wandered away from a group facility; he was sitting in a roadway, holding a toy truck, and blocking traffic. An anonymous caller to emergency services reported that the individual was suicidal. Police arrived.

According to bystander video, Charles Kinsey, who identified himself as “a behavior therapist at a group home,” was then on the scene, coaxing the young man to lie on his stomach with his hands up. In the video, you can hear the young man say “Shut up” to Mr. Kinsey. You can also see two officers behind poles with rifles trained on Mr. Kinsey and the young man.

Yes, you guessed it. Pow!

Here is Michael E. Miller’s report from the Washington (DC, US) Post:

In cell phone footage of the incident that emerged [two days later], Kinsey can be seen lying on the ground with his hands in the air, trying to calm the autistic man and defuse the situation seconds before he is shot.

“All he has is a toy truck in his hand,” Kinsey can be heard saying in the video as police officers with assault rifles hide behind telephone poles approximately 30 feet away.

“That’s all it is,” the caretaker says. “There is no need for guns.”

Seconds later, off camera, one of the officers fired his weapon three times.

A bullet tore through Kinsey’s right leg.

Fortunately, Mr. Kinsey was only injured in his leg, nowhere else. He is recovering. The man with autism was not injured.

Both mental health and law enforcement organizations recognize the dangers inherent in encounters between officers and individuals with mental health needs. They are collaborated to develop training programs (see, e.g., NAMI’s Law Enforcement and Mental Health or the US Federal Bureau of Investigation’s statement to get a start). Officers need to be the good guys in these situations.

Folks with EBD need to be protected and served.

And so do those who work with individuals with EBD. Mr. Kinsey, thank you for the work you have done, and I wish you a speedy and full recovery.

Sources:

  • Miller’s report for the Post from which I quoted.
  • Charles Rabin’s report for the Miami (FL, US) Herald.
  • Marissa Bagg’s report for NBCMiami.
  • The report by Amanda Batchelor, Todd Tongen, and Carlos Suarez for ABC affiliate Local10.
  • One of the videos.

Selected earlier posts about this topic:

Georgia students with EBD unnecessarily segregated and denied equal services

On 15 July 2015, The Civil Rights Division of the U.S. Department of Justice declared that the U.S. state of Georgia had been illegally segregating students with behavior disorders from their peers and failing to provide them with appropriate educational services. The case arises because of a public system in Georgia called the Georgia Network for Educational and Therapeutic Support (GNETS) Program, a statewide system of services designed for students with emotional or behavioral health needs that began in the 1970s and today serves approximately 5000 students.

According to a letter sent to Georgia Gov. Nathan Deal and Attorney Gen. Sam Olens, Georgia

in its operation and administration of the GNETS Program, violates Title II of the ADA by unnecessarily segregating students with disabilities from their peers. In addition, the GNETS Program provides opportunities to its students that are unequal to those provided to students throughout the State who are not in the GNETS Program.

Continue reading ‘Georgia students with EBD unnecessarily segregated and denied equal services’

Altering Autism insurance coverage legislation in VA

Writing in the Richmond Times Dispatch, Olympia Meola reported on potential changes in support for insurance coverage for therapy for children with Autism in the Commonwealth of Virginia in the US. Under the headline “McDonnell will try to amend autism bill,” Ms. Meola described developments in Governor Robert “Bob” McDonnell’s plans for altering recent legislation requiring insurance payments for treatment.

Gov. Bob McDonnell is expected today to reveal proposed changes to a bill requiring insurance coverage of autism treatments, and some could be substantial alterations to what the General Assembly passed.

Conversations were continuing as of Tuesday between the governor’s office, lawmakers and interested parties about possible changes to a measure that would require coverage of autistic children ages 2 to 6.

Advocates of the bill said some significant tweaks could be “deal breakers.”

The amendments floated in the past week range in scope, from technical to more substantial, including changes in who could supervise treatment and when the law would take effect, according to those familiar with the proposals.

Link to Ms. Meola’s story.

Autism legislation in Virginia

Under the headline “Autism legislation advances in Virginia” in the Washington Post Fredrick Kunkle and Anita Kumar reported about the slow-but-significant progress that parents in the US state of Virginia have made in advancing toward mandating coverage of treatment for Autism by insurance companies. That the advances run counter to many conservative US legislators’ opposition to health policies that mandate coverage for those in need of services and that it is occuring in an election year in Virginia, a state that usually tilts toward the conservative, makes the analysis especially intriguing.

In the beginning, several Northern Virginia families whose children have autism thought that their wrenching stories would be enough to get some help from their representatives in the General Assembly.
Continue reading ‘Autism legislation in Virginia’

The Congressional Mental Health Caucus

Sadly, mental health has been in the US news of late. I’m reminded that in the US legislature there is the Congressional Mental Health Caucus, which takes as its goals reducing negativism and stigma, aiding efforts to access mental health services, improving work-related productivity, and protecting veterans who have mental health problems. Although the caucus does not explicitly state child mental health as a focus of concern, it has supported awareness efforts such as National Children’s Mental Health Day.
Continue reading ‘The Congressional Mental Health Caucus’

Lock ’em up!

In “Handcuffing revives autism reform calls,” Natalie Craig reported about a story that, it seems to me, we’ve heard sometime before now.

POLICE handcuffed a 10-year-old autistic boy at a Geelong primary school after a breakdown in which he threw a compass that speared a classmate’s leg.

Link to the full version of Ms. Craig’s story.