[FEAT BC Admin]

In this discussion area, please feel free to share your experience in implementing A.B.A. programs in the school system. We would particularly like to hear from those parents who converted their school teams to A.B.A. We’d like to hear the nightmares as well as the success stories.

Any insight that can be shared by school-based special education assistants to help parents would also be very meaningful.

Topic

[Mike & Jean]

The following letter was written by Medicare for Autism Now director, David Marley in response to "Regular kids need help" printed on April 15th in the Province newspaper. I hope the Province is being bombarded with similar messages.

Three “brave” elementary school teachers afraid of a six year old child? What’s next, four armed Mounties afraid of a guy with a stapler?

Your letter writer is correct in one regard: A child who is in a class with a special needs child is not getting the same quality of education as one who does not share a classroom with such a child. They’re getting an incomparably better education. They’re learning about how tough it can be for others to make their way through life.

I’m not a parent of a child , “regular” or special needs, so I have no axe to grind here. However, I do care about the sort of society in which we live. I never want to see a return to the exclusionary policies that kept the horror of a Woodlands in operation for so many decades. As for keeping a calm atmosphere in the classroom, school districts need to abide by the 2006 BC Supreme Court ruling in the Hewko case in which the judge ordered that teachers and special education aides be able to demonstrate “instructional control” of special needs children. Physician, heal thyself.

David O. Marley

[Deleted User]

PUT EVERY DETAIL IN WRITING> It is a simple but powerful legal action.

I have just resolved an issue with the school support for my autistic son. He also has a medical condition. The first six months of Kindergarten were a circus and a terrible strain on our family. Finally I took the simple legal action of writing a letter outlining my concerns and sharing it with the Principal, Jennifer Anderson the manager of SSA's in Vancouver, the health nurse, and Kathy Hasley the principal of special ed.

The simplest legal action is to put down your concerns in writing. This will get everyone's LEGAL ATTENTION.

[Janet Toye]

Is there a way that we can all file some sort of class action suit against all the school districts that are resisting the Hewko decision? That way we don't have to individually fight it out with our own school district. It is mentally straining, time consuming, and costly. We would also be doing this for all parents who are not able to advocate for their children because of language barriers, education, etc. Does anyone know of an education lawyer who can answer this question?

[David Chan]

The truth about Hewko

Truth is the Hewko decision has them dead to rights, however that said, they are playing a game of chicken and seeing who blinks.

NO district will voluntarily comply, when they are not being compelled to. The inertia is simply way too great.

They district says, yeah, we know Hewko, are you gonna make us ? Go ahead, make us, oh yeah that will require litigation, because good as Hewko is, its deals with the Abbotsford school district, so if you live any where else, let's do the dance.

What that means is that some parent is going to have to go to a lawyer's office on their nickel, and start the music. Believe me, the school district has a much bigger war chest that most moms and dads.

So there it is. School districts will always call your bluff because they know the resources are gonna be lacking.

It just make me sad to see after all these years, the more things change, the more they stay the same.

But always remember, as disgusted as I sound, there is an old say that goes, never kick a man when he's down, he might get up.

Fight the good fight people

Mr. P's Dad

P.S. for some good directions on fighting the good fight talk to my Jean Lewis about that. She's got the advocacy workshop a the end of the month in Burnaby. She tell you that winning Hewko is just winning the battle, and Autism wars, they are still on.

[Ducky Piyo]

Re: School funding

The silly $18,000 does not cover full time as it is based on need of the child or in Hunter's case the school staff. We are not asking for more money, we are not asking for more programs, we are asking the schools to hire the person with the right skill set. Autistic children require therapists that have been trained by credible ABA Consultants (not POPARD programs)and only the Consultant should determine whether or not this person has instructional control over the student. We know in Hunter's case this is not happening.

I am sorry to be raising POPARD because this is an ABA based board but since we are talking about school the more parents know the better that POPARD courses are not equivalent to ABA. These are exposures and are not child specific so are not proven. POPARD offers a great exposure to people interested in this field of behavioral support for Autism in general.

I raised this so that new parents understand why the school EAs just do not understand how to support our kids.

Anyways,

I believe that in Hewko, Dr. Foxx states that in order to be a win-win all parties must sign on. Is it not premature to oust Hunter out of school when cleary the school cannot demonstrate that they have ever mastered the instructional over this 6 year old. When a student is not allowed to return to school indefinately it is a punishment to the child.

It is how the child learns, not how the curriculum is taught.

Furthermore….

You would not oust a patient out of a hospital because the staff do not have skills, you call in the professionals and the patient stays in the facility! So why are the medical needs not being met in school for Hunter?

This is not right!

Brooks please know that we have been touched by your story and stay strong. I hope someday you can share to Hunter how much you love him to do what you are doing now. This ABA Community is proud of you!!

Piyo

[Ducky Piyo]

Hi there,

Thank you for posting your thoughts Barbara. I am sad to hear that this goes on throughout the province despite what Hewko has done for all children with ASD. It makes zero sense that as a behavioral issue, we are not funded and the kids are discriminated or treated like freaks. Then if it is a medical issue then ASD kids are not part of the Canada Health Act. So in actual fact where is the inclusion ladies and gentlemen?

We need to be involved and put in the right vote and push for the Canada Health Act to include Autism.

I recall talking to a social worker and I was told the District is too big and you will never win. This is a social worker from MCFD!!!!

Wow…we are orphaned off the social welfare platform too.

So join the fight. Fight the good fight and register today for the April 30th Advocacy Workshop and be empowered!

Together we are ONE voice for Medicare for Autism NOW!

Thank you

Piyo

[Barbara Rodrigues]

Thanks for posting Jean. Regardless of MY views for MY son on attending school – I fully support and believe that kids with autism or any special need deserve to be in school and attend school with properly trained aides and teachers. My heart breaks for this little boy who doesn't understand why he can't attend his class and I worry the damage that will do his self esteem. Up here is the same – zero tolerance for behaviors – so the kids act up due to poor aides no training – no consultants or FBAs or true behavior plans – usually no visual stuff and wham the kids act up – parents are called and kid is out of class/school. It's ugly and then the kid is not only not getting socialization but not getting taught and the parents are left dealing with a child who isn't allowed back in school but no one offers any answers/solutions….and please dont' get me started on restraining…..

[Mike & Jean]

Following is an excellent analysis by Civil Rights Now! of the latest travesty occurring in the Langley school district. Included, is some interesting testimony and findings from the Hewko trial. http://www.civilrightsnow.ca

None of the three news reports about a six-year old Langley child with autism “ousted” from Topham Elementary in the Langley School District in BC (see the stories here here & here ) mention the most important thing about this story: the Langley School district appears to be denying six-year oldHunter Patterson equal benefit and protection from the law in violation of the legal precedent set by Madame Justice Koenigsberg in the 2006 BC Hewko decision (which was not appealed) See the Hewko decision here

Here are some relevant excerpts from the Hewko decision:

“Ms. Kennedy [a representative of the BC Ministry of Education] was asked [under oath] whether any effort was undertaken by the Ministry of Education in response to these concerns [see below]. She responded:

A: We have taken one first step towards bringing, aligning the definitions and the assessment practices of all the ministries for spectrum disorder together; that is the first step in trying to integrate to meet the kids’ needs. Starting July 1st there will be new guidelines for autism spectrum. So it’s a baby step, we hope, something that will be a big improvement in the future.

Q: And, in the meantime, for the Darren Hewkos [see above] of British Columbia, what has been done?

A: Nothing.” (p84 My bold.)

Madame Justice Koenigsberg found “Ms Kennedy to be an excellent witness. She was knowledgeable, straightforward and candid, particularly in the Ministry’s [of Education] attempts to be responsive to the needs of autistic children.” (p83. My bold.)

The concerns referred to in this section are “education issues identified by parents involved in the Auton/Anderson litigation thought to be of greatest concern, including

*lack of expertise of trained aides and teachers in the area of autism;

*lack of commitment to integrated and coordinated approach between school and home environments and

*lack of consistency between behaviourial interventions programs beg implemented in the school and in the home.” (p84. My bold.)

“The District, through all personnel, apparently decided they needed to resist any inclusion of the home-based program and therapist for reasons relating to a fear of potential litigation by the Hewkos.In my view, such an approach by the District was an abdication of its responsibility to provide Darren Hewko reasonable access to an education.” (p.111 My bold.)

“I find that Abbotsford School District breached its statutory duty to meaningfully consult with the Hewkos about Darren Hewko’s education placement and program.” (p. 114)

What the 2006 Hewko decision precedent means is every British Columbian School District is legally obligated to provide children with autism in consultation with their families qualifed assistants. We repeat: every School District in British Columbia is legally obligate to provide every child within their schools with qualified assistants.
Civil Rights Now! has been reliably informed that some, repeat some, BC School Boards have told parents with autistic children that the Hewko decision applies only to the Abbotsford School Board. It is a very low probablity that university-trained teachers and school district administrators do not know basic legal principles (a precedent applies through-out the whole province), therefore it is more likely the relevant teachers and school district administrators are lying.
Such lies denies British Columbian children with disabilities and there families equal benefit and protection from what Madame Justice Koenigsberg decided is the law in the best place on Earth.

When will the BC government force every School District in our province to comply to the Hewko decision?

Here’s the answer:

“Q: And, in the meantime, for the Darren Hewkos of British Columbia, what has been done?

A: Nothing.” (Hewko p84 My bold.)

[Mike & Jean]

Hello everyone,

Today, we launched our new and improved website – http://www.medicareforautismnow.org

One of the reasons we've done this now is to help and encourage parents and supporters to participate in the current federal election.

We agree with Get Your Vote On when they say, "The world is run by those who show up…"

To further the cause of Medicare coverage for science-based autism treatment (ABA/IBI) we suggest you:

1. Go to http://www.medicareforautsimnow.org click on Support Us and sign the on-line petition.

2. Click on Election 2011, find your candidates, ask them the question, and most importantly post their responses on the
our message board.

Please forward this email and website information along to others and, if you have one, "like it and share it" on your Facebook page.

Election day is three weeks from today – May 2nd. The time to take action is right now!

If you have any questions about canvassing candidates, please contact us at mfanow@gmail.com

[Ducky Piyo]

Hi FEATers,

Thanks for contributions from David Chan, Bev Sharpe regarding Brooks msg to us. A wake up call to parents it could happen to you anytime.

Thank you for confirming that it is the right of the child to get an actual education in public school so if the school does not have instructional control then the ABA Consultant should be called in as an expert to support this child. While the adults are not skilled to know what to do at school, the child becomes the victim and suffers discrimination ….all because some egos are in the way.

This is certainly a wake up call people and many I encounter ask "is this normal?" What's normal about no school because your child has Autism? What's normal because our kids are orphaned off the Canada Health Act? What's normal about your child's medically necessary, scientifically proven treatment missing at school and the community. This is their right and for their dignity to be treated equal.

Inclusion is not intact when the child is not present at school.

Pay now or pay later people.

Kudos to Jean Lewis and David Marely and Paul Cuane for this Workshop for Medicare for Autism and Advocacy. Parents we need to do the right thing (thanks Dave Chan).

Think about it and realize Parents you all have a right and so does that little person who depends on you. You speak for them because they cannot speak on their own behalf. That is your job and Brook is showing us that we have to do what we have to do. Nobody can replace our roles because nobody is more learned in our child than we are.

We have a Masters Degree in our child, no school official has that. Good willed people does not mean skilled people.

Thank you and please make that time to attend the April 30th Workshop with Jean and you will not regret it.

Piyo

[Author]

Replies