Holding the Torch

FOR BETTER ADVOCACY – BE CREDIBLE AND LESS ADVERSARIAL

Looking back on over 25 years as an attorney representing children and their parents in difficult cases, I have tried to identify the major lessons I have learned. In many of life’s circumstances, we learn from our own mistakes and from de-briefing the hard cases. One thing I see in the best advocates is the ability to stay focused on solving a problem while maintaining the highest level of professionalism.

Many of our clients are under heavy stress. By the time they are talking to us, they often feel that they are at the end of the rope and are caught in a difficult and highly adversarial confrontation. We owe it to them to listen carefully and to be sensitive to the battles already fought. We also need to offer our clients an objective assessment of the case and guidance to achieve real and sustainable changes. I have seen too many lawyers who believe that their job is to be the extension of their client’s anger. This approach can do real damage in child related cases.

Times are hard for obtaining services for families and children who need help. We need the best advocacy we can get. As lawyers and child advocates, let’s help each other to be prepared, to be right, and to get the job done with professionalism.

A RECENT FOCUS ON THE DISPROPORTIONATE SCHOOL DISCIPLINE OF MINORITY STUDENTS

In 2005 there was a published study from Yale University that reported a disturbing trend in expulsions of pre-kindergarten children in state sponsored preschools. The numbers showed that the expulsion rate for African American pre-school boys was 4.5 times the rate of other students. Last month the Washington Post reported that in the Washington D.C. area, minority students are suspended and expelled at a rate that is two to five times higher than white students. For those of us who work as attorneys and advocates for children, these findings are not surprising.

Examining the causes of disproportionate treatment of minority children in school is not an exercise in simple cliché assumptions. If we are going to get serious about addressing the issue, I suggest that the first step is to acknowledge that disproportionate treatment is a problem. Many just accept it as the way things are in our current society.

A search for answers should include examining the attitudes of educators to the discipline of minority students. Socio- economic, extent of parental involvement, language and cultural factors also play a role. Let’s make sure teachers have the benefit of real and effective guidance and administrative support. Finally, let’s insist that schools actually implement the tested positive behavior intervention programs that have been shown to reduce overall expulsion rates – but are not used consistently by a majority of school districts.

MEETING WITH HISPANIC PARENTS OF SPECIAL EDUCATION STUDENTS

Earlier this month I had the privilege of meeting with parents of Hispanic special education students at the Falls Church City office of PEATC (Parent Educational Advocacy Training Center). I was there for a two hour session to talk about the basics of Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs). It was a great opportunity for me to meet with these parents and to discuss the unique needs of their special needs children in Spanish. Although my Spanish fluency can certainly use improvement, we had a very interactive meeting and I learned much from these parents.

The needs of Latino parents for assistance and advocacy can be seen from several perspectives. English as a second language makes it more difficult to participate in IEP meetings where all the school staff is speaking English. Even with translators, it can be hard for parents to keep track of the team discussion while trying to review English language documents. Issues of behavior management cross the boundaries of discipline procedures and special education concerns. Understanding the scope of due process rights and remedies can also be daunting if you don’t speak the same language as a mediator. The Virginia Department of Education has a number of very useful free publications in Spanish that are available for parents and advocates online.

PEATC has been an effective education and advocacy presence in the Hispanic community for a long time and it was a real pleasure to work with them. We hope to do some more collaboration soon.

MORE VIDEO CAMERAS INSIDE SCHOOLS? – THE WRONG DIRECTION FOR SCHOOL SAFETY CONCERNS

As an attorney who has worked for many years with cases involving school discipline, juvenile justice and representation of teachers, I find the current argument to install more video cameras inside schools to be an extension of the historical trend toward a criminal justice approach to school discipline. Ever since the tragedy at Columbine High School years ago, school discipline strategies have focused on surveillance, police in schools, search and seizure, hearings to review evidence and student exclusion from school as the disciplinary process drags on for weeks for many cases. However, the Virginia Department of Education reports that in the 2009-10 school years, state wide suspension incidents involving weapons constituted only 1.04% of all incidents reported and drug incidents accounted for 1.6%. The largest category for that year was “defiance, disrespect and minor disturbance” at 30%.

The assumption that more video cameras in schools will deter bad behavior is unrealistic. Bad behavior can easily be moved to other locations, like the bullying that takes place in school locker rooms. Also, school administrators should understand that using video as evidence in school discipline cases is not easy. Used in a particular discipline case, the video tape recording becomes a document that could be protected by the Family Educational Rights and Privacy Act (FERPA). As such, the images of any other non-offenders must be redacted unless consent is granted. Not an easy task when filming a food fight. If protected, the recording may not be released to police without consent of the offending student. If the camera films special education students in the course of planned learning activities in a cafeteria, there is a potential violation of defined rights under special education state and federal laws.

The essence of school safety is grounded in real and continuing collaboration between students, educators and parents. The real deterrent to bad behavior in school is a culture of respect, accountability and open communication. When students own the problem of preventing drugs in school, that deters drug use and assists enforcement. When parents are included in the discipline process at the earliest possible stage, they are able to collaborate with school officials to address bad behavior. This is a very different direction than buying more cameras.

NEW REPORT ON VIRIGNIA SCHOOL DISCIPLINE RELEASED THIS MONTH.

The JustChildren program of the Legal Aid Justice Center has released a new report about the details of student discipline in Virginia’s schools. Entitled, “Educate Every Child”, this important document shows the nature and extent of suspensions and expulsions in Virginia’s school districts.

Most importantly, the report shows the dramatic and direct correlation of how poor behavioral environments in schools contribute to high dropout rates and increased involvement with the juvenile justice system.

This report clarifies what many educators and advocates already know from direct experience with these issues. Once we have a clearer view of the problem, we are able to more realistically approach workable solutions. JustChildren makes a strong case for the adoption of more positive and effective solutions for dealing with student discipline problems in school. Advocates and parents should read this report and share it with school officials and legislators who are interested in making meaningful changes.

STORY OF A 10 YEAR OLD BOY STRANDED IN A PSYCHIATRIC HOSIPITAL SHINES A LIGHT ON THE DILEMMA OF TREATING CHILDREN WITH SERIOUS MENTAL HEALTH NEEDS.

During the past few weeks the Washington Post has been reporting about the plight of a 10 year old boy stranded in the psychiatric ward of Children’s National Medical Center because there is no available custodian and the social services authorities have failed to find an appropriate placement for him. This child, who apparently suffers from significant mental health challenges, was admitted on September 15 after stabbing a relative and threatening suicide. As I write this posting, he still sits in the hospital without a placement. The Post reports that the D.C. Superior Court Judge presiding over this case said she will have to release him to “somebody” and “do something to end this merry-go-round". There may be a placement in Philadelphia, but the familiar stumbling block is who will pay for it?

This tragic story highlights the very real dilemmas faced by mental health professionals, social workers, courts and families in providing safe and appropriate placement for children with serious mental health needs. The task is made more complicated by the diminishing and inadequate treatment resources for these children. It’s getting worse.

In all of the endless political rhetoric that I have heard from political candidates in the last months leading up to state elections in Virginia, I have not heard one word about the need for mental health resources for children. Perhaps because to deal with this issue, we have to talk about spending money and streamlining existing resources-not a popular topic these days.

When families, agencies and legislators cannot (or will not) deal with a problem, the courts become the last resort. I empathize with the judge who has to decide this case as she tries to get some help for this child. Unfortunately we are heading into a period where the courts will be more involved in these kinds of cases.

FOR SPECIAL EDUCATION CASES, WHAT DOES PARENTAL CONSENT REALLY MEAN?

One of the most important concepts in special education is parental consent for any relevant activity or placement that the IEP team considers for a child with disabilities. Often I hear parents complain that they feel marginalized in the IEP process and that school team members have already made up their minds. Parents sometimes feel that their consent is really sought to simply rubber stamp what the school has dictated.

Parental consent is the fundamental way that a parent affirms a participatory role in the IEP process. What consent means bears some scrutiny?

· The school must insure that the parent is fully informed before being asked to give consent.

· Full disclosure of information to a parent, must be in their native language.

· Consent must be voluntary and in writing

· A parent may revoke consent in writing

· Parents are not required to consent to all elements of an IEP and may object to specific provisions of the proposed IEP. The IEP team leader should inform the parent of this right.

NARROWING OPTIONS FOR PARENTS OF MENTALLY CHALLANGED ADULT CHILDREN

We have seen an increasing number of parents coming to our office asking for assistance with deteriorating circumstances in their own homes.  These are cases which involve adult sons or daughters with significant mental health challenges who continue to live at home without employment or consistent therapeutic services.  These parents are at an age when they may hope for eventual retirement, but instead are caught in a worsening cycle of trying to encourage resistant adult children to become independent and fearing that sending a mentally ill young adult into the community is a set up for potentially dangerous consequences.  For many, it is literally a living nightmare.

            There are no easy answers to this difficult and often complex dilemma, but in our work with parents and mental health professionals we have seen some basic strategies that can help.

• Parents are often divided among themselves about feelings and strategies to force their adult child to get treatment as a condition of living in the home.  Regular mental health and/ or substance abuse treatment should be a non-negotiable requirement to live at home.  Doctor visits and adherence to medication requirements can be verified with proper releases. Sobriety can be demonstrated by regular urine screens.
• Parents should set clear boundaries regarding safety inside the house.   All household members should know that if an unsafe circumstance arises (including threats of self injury) – the police will be called.
• Adult children with mental health challenges and/or substance abuse problems need treatment – forming an appropriate information sharing relationship between the treatment providers and the parents should be a condition of remaining at home. Also, adult children need to contribute financially to the household.
• For adult children, living at home with parents should be a temporary condition.  To learn the art of how to stop enabling dependency and safely move adult children out the door, I recommend that the parents seek separate advice from a mental health professional that can teach strategies and techniques.  I call this therapeutic coaching. 
• Parents of mentally ill adult children should seek support networks in their churches, the community and through mental health service agencies. The more support the better.

SPEAKING TO PEDIATRICIANS ABOUT SPECIAL EDUCATION

During the last few weeks I had the opportunity to present special education law workshops at training conferences for pediatricians in Virginia.  In my discussions with doctors who see hundreds of parents and children, I learned how often physicians are asked to support a parent’s request for special education eligibility or services.  Problems occur when the doctor writes a letter for the parent’s application and school personnel may correctly tell parents that the medical diagnosis is not enough – the disability must be linked to the child’s current failure to make meaningful educational progress in school.  This illustrates a serious gap between the language of medicine and the language of education.   Children and parents can get lost in the translation.

More effort should be directed to help doctors learn the language of special education so that their observations and input are seriously considered by school personnel.  The different worlds of medicine and education are both focused on helping children.  When cross training is offered and becomes a priority, children and parents benefit, and are rescued from the limbo between the teacher and the doctor.

FOR ZERO TOLERANCE SCHOOL DISCIPLINE REFORM - LOOK AT THE DISPROPORTIONATE NUMBER OF SPECIAL EDUCATION AND MINORITY STUDENTS.

The energy and activism for school discipline reform will give us a good opportunity to examine how current centralized hearing programs work – or don’t.  Recent reports from the Fairfax County Public Schools Office of Hearings and Legal reveal some important information about the type and number of students going through the system for expulsion recommendations.  The 2009-2010 annual report shows that a much higher percentage of African American and Hispanic students are the subject of expulsion and reassignment hearings, as a relative percentage of the overall student ethnic population.   The same report shows that 44% of all students considered for expulsion or reassignment were designated as special education students.  These are alarming, but not surprising numbers.

In our efforts to improve the system for meaningful student discipline procedures, we must face the question of why some student groups are disproportionally exposed to recommendations for expulsion.  The numbers in the annual reports only tell a small part of this story.  For example, we know that special education students with significant emotional disabilities may be more prone to violations of in-school infractions - and others are more prone to be the victims of bullying.

When school districts have fallen into a pattern of one-size-fits all discipline remedies, we lose the ability to turn a negative incident into a positive remedy that provides consequences and ultimately strengthens the student’s ability to re-engage in school.  It’s a multifaceted problem.  Let’s look closely at all of the facets.