[Mike & Jean]

Below is a copy of a letter sent to each School District in the province

The Autism Society of B.C. and Families for Early Autism Treatment of B.C. are pleased to be able to provide you with the following summary of the recent BC Supreme Court “Hewko” judgment relating to a child with autism within the Abbotsford School District. This judgment is seen as a key precedent in education and school law in British Columbia. Our organizations urge you to distribute this information widely amongst your Board and staff.

If you have any questions please feel free to contact FEAT of BC (Dr. Sabrina Freeman) at 604-534-6956 or the ASBC (Michael Lewis) at 604-434-0880

School Districts have to Hire Aides
with Child-Specific Training for Autistic Students
B.C. Supreme Court Rules

In November 2006 Madam Justice Koenigsberg ruled that the Abbotsford School District breached its duty to consult and accommodate when it repeatedly failed to provide a classroom aide who was capable of demonstrating instructional control of a student with autism, Darren Hewko.

In this groundbreaking precedent, the Judge set out a number of steps that all School Districts must follow in order to meet their duty to consult with parents of children with special needs:

 Before any decision is made regarding the placement of a child within the school system and the persons who will have the responsibility to implement an IEP, the parents must be consulted.

 The depth of consultation and the concomitant obligations for the parties to accommodate the requirements of the other will vary with the known need of a child’s requirement for a modified curriculum.

 All necessary information in regard to either parties’ position on a proper placement and IEP must be provided in a timely way so that each will have an opportunity to express their interests and concerns and sufficient time to ensure that their representations are seriously considered and wherever possible demonstrably integrated into the proposed plan.

 Each party to the consultation has an obligation to provide timely information and an obligation to make whatever accommodations are necessary to effect an educational program which is in the best interests of the child.

…

 The bottom-line requirement for each side in a meaningful consultation is to be able to demonstrate that the proposal put forward can produce instructional control of the child.

The Judge found that there is a lack of training and expertise in Intensive Behaviour Intervention/Applied Behaviour Analysis (IBI/ABA) in School Districts and that as a result Districts may have to hire persons from students’ home-based ABA/IBI therapy teams in order to meet their duty to accommodate autistic students. The Judge continued:

Reasonable accommodation is an integral part of the duty to consult. Reasonable accommodation in this case involves providing the best available teaching staff for Darren Hewko in school. In Darren’s case, as in that of all children, special needs or not, the best teaching staff are persons who can demonstrate instructional control of him. Any consultation with Darren’s parents must include an accommodation of his home-based program – at least until instructional control is gained and maintained of him in the school setting.

… I find that the school board failed to discharge its consultation obligation by failing “… to ensure that [the plaintiffs’] representations were seriously considered and, wherever possible, demonstrably integrated into the proposed plan of action…” . Most importantly, the District through its proposals and by failing to seriously accommodate the Hewkos home-based program, failed to demonstrate it could produce instructional control of Darren.

The Judge held that:
 There is a serious gap in the “expertise” of educators in the area of effective learning systems for children with autism.

 There is no evidence that ABA-IBI is not, at this time, the most tested and effective learning system for many children with autism.

 Learning “on the job” is obviously no substitute for having basic training.

 What is required to provide access to an education for Darren Hewko (and other students with autism) is strict adherence to an ABA based learning system and the availability of ABA-IBI programming and teaching assistants trained to carry it out.

 The parental/student appeal procedure set out under section 11 of the School Act is not an absolute bar to a subsequent hearing on the merits in the Courts.

 In the Hewko case, a reasonable apprehension of bias resulted from the way the section 11 appeal had been prepared and conducted and as a result the decision of the Trustees (upholding the District position) was of no legal effect whatsoever.

This important case, Hewko v. B.C., 2006 BCSC 1638, will remain a key precedent in education and school law in British Columbia. The decision was not appealed by any of the parties.

School Trustees, District Administrators and Special Education Staff and others are urged to read this case and learn more about the details of the duty to consult and accommodate students with autism.

The full Reasons for Judgment in Hewko v. B.C. can be accessed at: http://www.courts.gov.bc.ca/jdb-txt/sc/06/16/2006bcsc1638err1.htm

[Mike & Jean]

I am posting this ad. on behalf of another family.

Junior and Senior therapist positions available for my 12 year old daughter's ABA program. She has been in a successful home based program for ten years under the direction of Shelley Davis.

We live on the North Shore easily accessible to public transit.

Experience is not necessary, however candidates must be committed to learning and able to work as part of a team. Comprehensive training and supervision will be provided. A minimum time commitment of one year, working two shifts per week is required.

Contact: bsharpe7@hotmail.com or leave message @ 604-926-7831.

Special Education Assistant position on the North Shore: September, 2007

As above, 12 year old girl entering grade 8 in September, 2007.

This is a wonderful opportunity for an ABA therapist seeking the experience of working with a well established ABA program within a public school setting.

This is a full-time position commencing in September, 2007. All training will be provided and will begin •••.a.p. The program is under the supervision of Shelley Davis.

For more information, please contact: bsharpe7@hotmail.com or leave message @ 604-926-7831.

[Mike & Jean]

I am posting this ad. on behalf of another family
on the North Shore.

SEA Position available for the 2007 school year -North Shore

Experienced school based Lovaas-style ABA therapist required for a 9 year old boy with HFA/AS/Learning Disability, entering grade 5 next September. Highly advanced programming, primarily in a naturalized format with an emphasis on academics. Social skills and executive functioning are also components of his program.

Polished, accurate timely data collection is imperative. The ability to multitask, effectively convey academic principles, conduct on the spot task analyses and F.•••• and work independently and cooperatively is imperative. Training will begin immediately, and two day-time shifts per week are requied (during school hours).

Program under the direction of Shelley Davis. Kelley Lloyed-Jones is our Senior Therapist.

Lovely, funny boy who will make you laugh everyday.

Please e-mail aba345@hotmail.com

Thank you.

[Mike & Jean]

Hello Everyone,

Further to Isaac's last post – yes – the debate rages on in Ottawa…Why?…you may ask?

It's called political activism!

F.E.A.T. of B.C. delivered a very clear message to politicians, senators and the national press gallery on Nov. 22nd.

"Medicare for Autism Now!"….and in place before the next federal election – or we will do what we did in B.C. in the last election. For those who don't know, we actively participated in five lower mainland constituencies who won by very slim margins in the previous federal election. We (F.E.A.T. parents) met with the candidates of the three main parties and asked this question: "If you are elected as MP, will you publicly commit to amending the Canada Health Act to include ABA/IBI treatment under Medicare?" We then published their answers in eight community newspapers before the Jan. 23rd. election. We also initiated viral marketing campaigns via the internet, and had F.E.A.T. parents attend and ask the question at all candidates meetings in those constituencies. The results were very interesting! We can rightfully claim that we effected the outcome in three out five of those constituencies. The lesson learned is this: This is a non-partisan issue, and the only thing politicians respond to is the fear of losing their job. This is consistent across all political parties. Our governing motto is from the late U.S. Senator Everitt Dirksen, who said, "When I feel the heat, I see the light".

The time for this strategy to be most effective is now! The federal government hangs by a thread. Now is the time for parents and supporters to step up, we are NOT supplicants, we are VOTERS!

We have already done an analysis of all the constituencies across Canada and know the ones we need to target.

What do we need to win? "F.E.A.T. soldiers" in B.C. and Ontario. We also need money for our campaign.

I urge you all to read the debates, it is clear our strategy is having an effect.

I will post more on this as we go forward into the new year.

Please contact info@featbc.org if you would like to assist in any way.

Jean

[Mike & Jean]

Hello Everyone,

We are back from Ottawa. It was a very busy and productive four days.

We had two main objectives for our trip: 1.) To deliver the message, "Medicare for Autism Now!", and delivered before the next federal election, or we will actively campaign to elect candidates, (regardless of political affilliation) who will publicly commit to supporting legislation which will amend the Canada Health Act to include ABA/IBI under Medicare. We will do so in targeted ridings in B.C. and Ontario. We delivered this message to MPs, "the back room boys", Senators, many members of the press, and to parents. This objective was definitely met.

2.) Recruiting parent/activists in Ontario. We need more "F.E.A.T. soldiers" in B.C., but particularly in Ontario. This objective was also met.

Following is the transcript of my speech to the national press gallery. It was given during our news conference on Nov. 22nd. just prior to the rally on Parliament Hill.

"Hell hath no fury like a woman scorned."…so wrote William Congreve in the 1600's….Obviously, he had not met Canadian mothers of children who are being denied medically necessary treatment because of the failings of myopic politicians and blinkered, obdurate bureaucrats…

Speaking of which…I want to begin by commenting upon Health Minister Clement's announcement yesterday concerning this federal government's approach to autism…It is the worst of the worst that Ottawa produces…It's the Romanow Commission cojoined with the gun registry…It's also cheap politics…Mr. Clement is trying to upstage the Liberals and NDP who have been working co-operatively on a parliamentary motion proposing a national strategy on autism…Mr Clement is playing politics with the lives of autistic children and their fragile families….He should be ashamed of himself….

Today there is an epidemic of staggering proportions attacking children across North America…it's called autism…and it's being diagnosed in one out of every 166 children….Their parents, siblings, other relatives, school-mates and communities are all being affected….

It is not acceptable that children with autism remain orphans of the Medicare system….compassionate, fair-minded Canadians agree….According to an Ipsos-Reid poll taken following the Auton decision, 89% of respondents want Medicare coverage for autism treatment….it is only the political class and the health technocrats in Canada who continue to oppose doing what's morally right and economically sensible….

The U.S. Senate recently passed, unanimously, a Combating Autism Bill that will pour literally hundreds of millions of dollars into the fight against autism. Our national government remains in denial and sits on its hands….

It is beyond debate that science-based ABA/IBI treatment is the effective treatment for autism. This question has been tested repeatedly in the crucible of litigation and the courts have so found that this treatment is medically necessary…the B.C. Court of Appeal in Auton found as a fact that autism is a socially constructed handicap…it can be overcome…with the necessary political will…

Some people ask what will effective treatment for autism cost? True, it is expensive…but infinitely less expensive than a failure to provide such treatment…$60,000 per child each year versus $1.5 million per child over a life-time of institutionalization…not to mention the social cost of broken marriages (75% when an autistic child goes untreated)…the emotional and financial haardship on families…the loss to our society of the contribution that autistic children, with proper treatment, can make…like all children, they deseve the chance to be the best they can be…

In its Auton decision, the Supreme Court of Canada told parents of autistic children to "get political"…That's why we're here today…

In the last federal election, F.E.A.T. of B.C. took part in five local Vancouver constituenceis…in at least one, my home of West Vancouver – Sunshine Coast, it is fair to claim that we may have med the difference between the Conservative loss and the Liberal victory.

In the next election, we're going to expand our reach to include constituencies in B.C. and Ontario that were each won by narrow margins…these are located mostly in suburban Toronto and Vancouver…We're going to participate in as many constituencies as our financial resources and number of volunteers (F.E.A.T. soldiers) permit…We have and will use the Internet to great effect…

The glacial pace of bureaucratic time that afflicts the Canadian government in its approach to this urgent medical emergency is not acceptable…F.E.A.T. of B.C. is going after the politicains and our governing motto is attributable to the late U.S. Senator Everitt Dirksen, who once said, "When I feel the heat, I see the light."

The message is clear: "Medicare for Autism Now!" and before the next election or F.E.A.T. of B.C. will mobilize in B.C. and Ontario.

I would like to take this opportunity to thank all those contributed financially to our trip. It was a great help! I would also like to recognize the great help and assistance of Roxanne Black, Jennifer Ralph, and in Ottawa, Andrew Kavchak and Sam Yassine. Thankyou all for the work and dedication you've undertaken on behalf of all our children.

Stay tuned….

Jean

[Mike & Jean]

I strongly suggest that before anyone gets excited about the Clement announcement today that you take a look at this CityTV news piece of Tuesday evening. We do not need any more smoke and mirrors from Ottawa thank you very much.

http://www.citynews.ca/international/day/11-21-2006_282.aspx

[Mike & Jean]

One More Item for Sale

An modern elementary school desk and chair (2 pieces), we bought it from the district. Ideal for therapy in your home.

$40

contact us at michael.lewis@telus.net

[Mike & Jean]

Stuff you may want!!!!!!!!

At long last our Spring purge has been completed and the following items may be of interest.

HP Laserjet IIIP printer with an almost full cartridge good for thousands of pages – works well and comes with full documentation – $40

Child size bookcase from IKEA, green in color – $20

IKEA end-table, natural wood finish 27" x 27" x 20" high – $10

26" RCA color TV works well, complete with manual – $40

RCA VCR recorder/player works well, complete with manual – $10

SHARP DVD player complete with manual – $20
Playschool kid's picnic table – red, blue and yellow – outside or playroom use – $20

STEP2 wagon – green – large enough for two kids – $20

Completely refinshed natural color oak office-type desk – six drawers – perfect shape 60" x 34" x 31" high – $100

All this fine stuff is in West Van – sorry no deliveries.

If you are interested please e-mail me at michael.lewis@telus.net

Thanks, Michael

[Mike & Jean]

GREAT NEWS!!!!The Hewko case was decided today!

B.C. Supreme Court Justice Koenigsberg decided that the Abbotsford School Board breached their statutory duty to consult.
Her complete reasons for judgement will be released just prior to Oct. 10, 2006. We will post her judgement and our analysis once they've been made public.

GREAT NEWS!!!!!

[Mike & Jean]

Just a reminder to all parents who are posting ads. recruiting for therapists.

F.E.A.T. of B.C. does not allow any renumeration or salary information to be posted on this board. Please observe this rule when posting your ads. In future, postings containing salary info. will be removed and posting privileges will be reviewed.

Thankyou for your co-operation.

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