[Isaac]

Passing on a recent message, for your information only i.e no endorsement of the product is given or implied by this post.

Isaac
(Miki’s Dad)

>Sabrina, congratulations on the recent court decision. My company has
>developed software for tracking and analyzing DTT/ABA data; our web site
>is at http://www.123-solutions.com. We will discount our tracking software prices by
>a percentage equal to the Canadian-US Dollar exchange rate for all Canadians.
>We are already the lowest priced software of this type, but we want Canadian
>Parents to have the same access to our software as US Parents. Good >luck…….Barry Klein

[Isaac]

There is a great piece in the e-zine http://www.click2advice.com on the recent BC Supreme Court decision.

The story is at this address:

http://www.click2advice.com/news_details.asp?newsid=61

Isaac
(Miki's Dad)

[Isaac]

There is a good piece in the Vancouver Sun today regarding the recent BC Supreme Court decision.

It's available for download at https://featbc.org/downloads/Sun_07_28_00.pdf

Isaac
(Miki's Dad)

[Isaac]

Here is a press release issued today by the BC Liberal Official Opposition. The release is also available in Acrobat PDF format at https://featbc.org/downloads/release_07_28_00.pdf

Full text of the BC Supreme Court decision is available on the FEAT BC server at https://featbc.org/downloads/decision.htm

Isaac
(Miki's Dad)

__________________________________________________
NEWS RELEASE
BC LIBERAL OFFICIAL OPPOSITION

For immediate release
July 28, 2000

Put Children First And Fund Autism Programs

Richmond – Yesterday's court ruling is a victory for families of children with autism – the NDP government must honour it and immediately move
to fund the early intervention programs that children with autism desperately need, said BC Liberal Children and Families Critic Linda Reid.

"We've been calling on the government repeatedly to get its priorities right, recognize the crucial need for early intervention programs for
children with autism and get on with funding it," said Reid. "Once again, British Columbian families were forced to go to court in order to have
their concerns addressed. These families can't afford any more delays or inaction from the NDP like we saw on the secure care legislation.
Minister Gretchen Mann Brewin must stop delaying and immediately undertake to put funding in place for these programs."

"We've been telling the government for years that it has its priorities all wrong. Instead of providing treatment for children with autism, they've
chosen to waste money on other things. It's time to put children's interests first."

"We know from extensive behavioural and developmental research that early intervention programs are essential for young children with autism,
and parents simply cannot afford the cost. In fact, families have been forced to move to Alberta to obtain the treatment they need. The
government's recently announced pilot project for children with autism is far from adequate, and only came on the eve of a court action that
finally forced the NDP to act."

"This is an issue that many Opposition MLAs are deeply concerned about, and I'd like to particularly credit the hard work of Okanagan-Penticton
MLA Rick Thorpe who has worked closely with families of children with autism to raise awareness of the need for funding. We applaud the
parents and families who have sacrificed so much to finally force the government to address their concerns. It's time for the NDP to accept
responsibility and act," Reid concluded.

(end)

Contact: Janis Robertson (250) 213-2888

[Isaac]

Hi everyone,

Regarding the recent BC Supreme Court decision in favour of our kids, full text of Madame Justice Allan's "Reasons for Judgement" are now available on the web at the following address:

http://www.courts.gov.bc.ca/jdb-txt/sc/00/11/s00-1142.htm

Isaac
(Mikis Dad)

[Isaac]

Here is a copy of the FEAT BC press release regarding the recent legal decision in BC Supreme Court. The release is also available in Acrobat PDF format at https://featbc.org/downloads/Judgment.pdf

On behalf of everyone, a heartfelt thank you to Avery Raskin who worked well into the night to prepare and distribute this important release to all media.

Isaac
Miki's Dad

__________________________________________________

BC Government Violates Rights of Children with Autism
BC Supreme Court Declares Denied Treatment is Medically Necessary

The BC Government actively discriminates against children with autism:

[132] “The petitioners are the victims of the government’s failure to accommodate them by failing to provide treatment to ameliorate their mental disability. That failure constitutes direct discrimination. Further, the petitioner’ disadvantaged position stems from the government’s failure to provide effective health treatment to them…”

The BC Government violates the Canadian Constitutional rights of children with autism as guaranteed in the Charter of Rights:

[156] “The Crown discriminates against the petitioners contrary to s. 15(1) by failing to accommodate their disadvantaged position by providing effective treatment for autism. It is beyond debate that the appropriate treatment is ABA or early intensive behavioural intervention.”

The BC Government is obligated to provide treatment for children with autism — treatment they have steadfastly refused to provide and still refuse to provide:

[139] “I find that the petitioners have established that their s. 15 rights have been infringed…That unequal treatment, which is based on the enumerated ground of mental disability, is discriminatory. Here the only accommodation possible is funding for effective treatment.”

These are the facts as declared late yesterday in BC Supreme Court, in the 66-page judgment of the Honourable Madam Justice Allan, in the case of four children with autism and their parents versus the BC Government:

[102] “On the basis of expert evidence introduced by both parties, I find that early intensive behavioural treatment is a medically necessary service.”

For the parents of these and countless other children with this tragic condition, the battle is for the only scientifically proven medical treatment in existence, Applied Behavioral Analysis (ABA) as developed by Dr. Ivar Lovaas at the University of California at Los Angeles. Decades of research data has proven the effectiveness of Lovaas-ABA in treating children with autism, data the BC Government chose to ignore in refusing any effective treatment for these afflicted children.

[66] “It is ironic that the very limited treatment services provided by the Crown not only fail to meet the gold standard of scientific methodology; they are positively discredited by one of the Crown’s own expert witnesses.”

[52] “The expert witnesses agree that the most effective behavioural therapies are those based on principles of ABA. There are no effective competing treatments.”
[151] “The exclusion of effective treatment for autistic children undermines the primary objective of the medicare legislation, which is to provide universal health care.”

The case against the Government began two years ago. It was started by a group of parents long frustrated by the burden of not only trying to help their suffering children, but doubly hampered by a bureaucracy that not only would not help them, but actively made getting needed treatment for their children even more difficult.

[108] “Given that autism is defined in DSM-IV as a mental disorder, it is difficult to understand the reluctance of the government to provide ABA treatment that has been widely endorsed by medical practitioners and academics throughout the world.”

One of the parents involved in the case, and also an expert witness for the petitioners, is Dr. Sabrina Freeman. The head of the volunteer parents’ group Families for Early Autism Treatment of BC said today, “We are thrilled that the Supreme Court of BC has placed children with autism on an equal footing with other children with medical disabilities. So many children whose parents could never afford proper medically necessary treatment will get the help they need thanks to Justice Allan.”

[127] “The absence of treatment programmes for autistic children must consciously or unconsciously be based on the premise that one cannot effectively treat autistic children. The extensive evidence in this case shows that assumption to be a misconceived stereotype. The stigma attached to mental illness is historical and widespread. Only effective treatment can reduce the marginalization of autistic children and their exclusion from the mainstream of society.”

In the 161-paragraph judgment, Justice Allan rejected many of the Crown’s arguments against providing effective treatment for children with autism, including the Government’s most energetic defence, that they cannot afford to do it:

[147] – “In a broad sense, it is apparent that the costs incurred in paying for effective treatment of autism may well be offset by the savings achieved by assisting autistic children to develop their educational and societal potential rather than dooming them to a life of isolation and institutionalization.”

Justice Allan also rejected the Government stance autistic children receive equality of medical care since they can see a doctor for any problem other than their autism:

[134] “…the Crown submits that if an autistic child gets cancer, he or she will receive treatment for cancer. That justification is misguided as well as unfortunate. It ignores the fact that autism is a medical disability just as cancer is and that both require treatment.”

Still to be decided by Justice Allan are the extent of damages and remedies the Government must make to right the wrongs committed against children with autism. For more information or interviews, please contact Dr. Sabrina Freeman at FEAT of BC — 534-6956.
Highlights of the Judgment of BC Supreme Court Justice Allan
in the case of Auton et al v. Attorney General of British Columbia and the Medical Services Commission of British Columbia:

(Please note: Quotes are verbatim from the Court’s judgment; abbreviations are expanded following each quotation in parentheses).

P.24 [48] “The BCHOTA Report exhibits an obvious bias towards supporting the Crown’s position in this litigation. That detracts significantly from its usefulness.”
(BCHOTA — BC Office of Health Technology Assessment at UBC)

P.25 [52] “The expert witnesses agree that the most effective behavioural therapies are those based on principles of ABA. There are no effective competing treatments.”
(ABA — Applied Behavioural Analysis)

P.30 [66] “It is ironic that the very limited treatment services provided by the Crown not only fail to meet the gold standard of scientific methodology; they are positively discredited by one of the Crown’s own expert witnesses.”

P.42 [102] “On the basis of expert evidence introduced by both parties, I find that early intensive behavioural treatment is a medically necessary service.”

P.44 [108] “Given that autism is defined in DSM-IV as a mental disorder, it is difficult to understand the reluctance of the government to provide ABA treatment that has been widely endorsed by medical practitioners and academics throughout the world.”
(DSM-IV — Diagnostic and Statistical Manual of Mental Disorders, 4th Edition)

P.52 [126] “In failing to make appropriate accommodation for their health care needs, the Crown has discriminated against them. It is not the medicare legislation that is discriminatory or defective but the Crown’s overly narrow interpretation of it.”

P.52 [127] “The absence of treatment programmes for autistic children must consciously or unconsciously be based on the premise that one cannot effectively treat autistic children. The extensive evidence in this case shows that assumption to be a misconceived stereotype. The stigma attached to mental illness is historical and widespread. Only effective treatment can reduce the marginalization of autistic children and their exclusion from the mainstream of society.”

P.54 [132] “The petitioners are the victims of the government’s failure to accommodate them by failing to provide treatment to ameliorate their mental disability. That failure constitutes direct discrimination. Further, the petitioners’ disadvantaged position stems from the government’s failure to provide effective health treatment to them…”

P.55 [134] “…the Crown submits that if an autistic child gets cancer, he or she will receive treatment for cancer. That justification is misguided as well as unfortunate. It ignores the fact that autism is a medical disability just as cancer is and that both require treatment.”

P.57 [139] “I find that the petitioners have established that their s. 15 rights have been infringed…That unequal treatment, which is based on the enumerated ground of mental disability, is discriminatory. Here the only accommodation possible is funding for effective treatment.”
(s. 15 — Section 15 of the Charter of Rights)

P.61 [147] “In a broad sense, it is apparent that the costs incurred in paying for effective treatment of autism may well be offset by the savings achieved by assisting autistic children to develop their educational and societal potential rather than dooming them to a life of isolation and institutionalization.”

P.62 [151] “The exclusion of effective treatment for autistic children undermines the primary objective of the medicare legislation, which is to provide universal health care.”

P.63 [153] “The inability of the petitioners to access that treatment is primarily an issue of health care, not education or social services.”

P.63 [154] “The Crown, and specifically the Ministry of Health, provides no effective treatment for the medical disability of autism…It is for the Crown to determine the measures it will take to comply with its constitutional obligations.”

P.64 [156] “The Crown discriminates against the petitioners contrary to s. 15(1) by failing to accommodate their disadvantaged position by providing effective treatment for autism. It is beyond debate that the appropriate treatment is ABA or early intensive behavioural intervention.”

P.64 [158] “The infant petitioners are entitled to a declaration that the Crown has violated their section 15(1) Charter rights.”

[Isaac]

Hi Everyone,

The current cover story in Newsweek is on autism, entitled "Understanding Autism".

We hope everyone supports this type of coverage by picking up a copy of the magazine; the article is available at http://www.msnbc.com/news/436601.asp?cp1=1

Regards,
Isaac
(Miki’s Dad)

[Isaac]

Hi everyone,

Here is a brief workshop announcement.

Regards,
Isaac
(Miki’s Dad)

*******************************************************
Feat BC is pleased to announce an upcoming 2-day Early Autism Intervention Workshop at SFU delivered by a team from the Center for Early Childhood Education (CEE, San Diego). All four workshop leaders have experience in the design and monitoring of behavioural treatment programs and all have studied under Dr. Lovaas at UCLA.

Workshop dates are September 16 and 17, 2000. An information flyer and registration form are available via the Feat BC fax-on-demand service at Fx 604-513-7233 ext. 311 or on the web at http://www.featbc.org/downloads/eaiw.pdf
*******************************************************

[Isaac]

A quick reminder note about the FEAT BC parent group meeting on Wednesday 07/19/00

-> 7:30PM at St. Francis in the Woods in West Vancouver. A map is available via fax-on-demand at Ph. 513-7233 or on the web at https://featbc.org/downloads/map.pdf

New parents are welcome — please pass on the information.

[Isaac]

Hi Everyone,

The BC Government presented a report this week on the state of special education in the public school system. The report is entitled, “A Review of Special Education in British Columbia” and is the product of fifteen months of work.

Many thanks to Dee Dee Doyle on behalf of everyone at FEAT BC. Dee Dee is the Feat representative to the Special Education Review Committee and headed this project for Feat — kudos for a job well done!

“A Review of Special Education in British Columbia” is available for download in a printable version on the FEAT server @ https://featbc.org/downloads/review.pdf

The report is also available in standard web browser format (HTML) at http://www.bced.gov.bc.ca/specialed/review/report/

FEAT BC’s submission to the Special Education Review Committee is available for download at: https://featbc.org/downloads/education.pdf

The Vancouver Sun published a piece on the Government report on Tuesday 06/20/00; full text is below.

Isaac
(Miki’s Dad)

_______________________________________________________
Review calls for special-education reforms in B.C.
The Vancouver Sun
Janet Steffenhagen, Sun education reporter

British Columbia should strive to identify special-needs children at a younger
age, fully integrate them into regular classrooms and train teachers and
assistants to deliver appropriate programs.

Those are some of the recommendations released Monday after a 15-month review of
special education that included consultations with parents, teachers,
administrators and special-ed interest groups.

Stewart Ladyman, a superintendent in the education ministry who conducted the
review with Linda Siegel of the University of B.C., said there is a growing need
to improve special education because medical advances mean more and more
children will be in need.

For example, he noted that 90 per cent of babies who weigh only one or two
pounds at birth suffer physical or learning disabilities — and an increasing
number of them are surviving and entering school.

"This is not just a little issue to deal with," Ladyman told a news conference
Monday. "We must realize that our society will have to accommodate a whole
variety of students. It's not just a blip on the map . . . [special education]
is not a fad."

Despite comprehensive provincial policies on special-education, the report found
widespread differences in delivery — including some school districts that are
still resisting the policy of inclusion of all students, even though it is in
its sixth year.

Ladyman said integration of special-needs kids — who number about 68,000 and
whose challenges include learning disabilities, physical impairments,
behavioural problems and giftedness — is usually accomplished in primary grades
but begins to dwindle by Grade 5.

And while policies about inclusion do not preclude special programs outside the
classroom for learning disabled and gifted children, deputy education minister
Charles Ungerleider said studies suggest their achievement drops in proportion
to time spent out of class.

The report also raises concerns about the ability of teachers and special-ed
assistants to understand and respond to the needs of such a diverse group of
students.

While teachers who graduate today will have some special-ed training, many of
those already in the system have had no formal preparation for working with
special-needs students.

"Indeed, many teachers expressed the view that they feel that they do not have
the knowledge they need to work with such students," the report says.

Noting that teachers will often encounter students with special needs, the
report recommends the ministry offer tuition rebates for teachers who enrol in
approved courses to improve their abilities in this area.

The report also stresses that teachers are legally responsible for students'
education, and must not abdicate in favour of special-ed assistants, who usually
have less training and are there to provide care and safety.

Education Minister Penny Priddy said she was pleased with calls for greater
consistency in programs around the province and increased involvement of parents
in developing individual education programs.

While implementation of some recommendations will take time, she said, she will
push to have some reforms accomplished within months.

Ladyman said he didn't call for more special-ed funding because that wasn't in
his mandate, but he does recommend changes to give school boards greater
flexibility in how they spend their allotments. The ministry spent $422 million
on special-ed in this school year.

Laney Bryenton, executive director of the B.C. Association for Community Living,
said she was pleased after one quick reading of the report that it addresses
concerns about inclusion and teacher training.

The report also recommends that:

– School boards be directed to implement B.C.'s special-ed policy and report to
the ministry on progress.

– Schools ensure individual education programs are dynamic and based on
educational needs, not solely on funding allocations.

– Educational needs of students — not workers' rights — be paramount in
decisions about deployment of staff.

– Audits focus on educational progress of students, not adherence to processes
and procedures.

– Special-ed funding continue to be targeted until there is evidence that
resources are being used to improve student success.

– No more special-ed funding categories be established for now.
_______________________________________________________

[Author]

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