Tag Archives: health

Feds to Provide Technical Assistance to Ventura County HSA on Civil Rights Compliance

Complaint alleged discrimination on behalf of consumer with disabilities seeking services to overcome homelessness.

In late October 2013, I was assisting one of our adult students with disabilities with his matters involving Ventura County’s Human Services Agency (HSA). His disabilities arising from traumatic brain injury (TBI) had contributed to a 10-year spell of homelessness; it was necessary for us to help him overcome homelessness in order for him to go back to school and get trained in a vocation that would earn him a living.

This was beyond the scope of the work we usually do, plus it was a pro bono case. I only took this case on because I already knew the consumer, have been friends with his family for over 20 years, and was horrified by what I was hearing from them about their efforts to help him. I had no idea I’d end up having to file for fair hearings against every agency we turned to for services on multiple occasions just to access the basic floor of rights promised him under the law.

As bad as special education is, the Universe of adult services is even more screwed up. This is why we have people with mental illness living in the bushes under the freeway. They either have no idea where to begin to get help or are jerked around by the government when they try to get help and lack the skills to advocate effectively for themselves to see their situations resolved. This is exactly why my friend’s family was so thankful that I offered to see what I could do to help.

So, in October 2013, after a series of ridiculous encounters with HSA’s General Relief program staff, I filed a complaint with the United States Department of Health & Human Services, Office of Civil Rights (OCR), alleging violations of Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act (ADA). I’d had enough of the silliness and was so disgusted and offended by how our consumer was being treated by HSA that I did what I do: I wrote a letter to the authorities and narced.

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The Approaching End of a Heartbreaking Era

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When the Education of All Handicapped Children’s Act (EAHCA) was enacted as PL94-142 in 1975, it was in the face of enormous opposition from school district administrators and their attorneys who were actively refusing to enroll children with disabilities in our nation’s public schools. Many have remained employed in public education, stewing in their own bile over their legal “loss” while begrudgingly enrolling students with special needs.

The EAHCA was reauthorized as the Individuals with Disabilities Education Act (IDEA) in 1990, which has, itself, been reauthorized twice since then, the last reauthorization being in 2004. Clearly, Congress has no intention of returning to a time when discriminating against those with disabilities was perfectly acceptable.

I don’t know how many of you have experienced an employment situation in which people have been required to do something that they opposed, but it’s been my experience that some people in this position are more likely to sabotage any attempts to do things differently to “prove” it was a bad idea than to willingly go with the program. Some people are just sore losers.

In short, you’re not likely to get buy-in from people who had to be Court-ordered or required by regulation to do the ethical and responsible thing. It says something, anyway, about a person’s character when he/she forgoes ethical solutions for whatever reasons and, therefore, requires enforceable regulations that dictate what his/her behavior should be. Some peoples’ characters create a situation in which the behaviors normally associated with common sense and ethics become subject to regulation.

This is not specific to special education or the legal practices that surround it. This is human nature. Somewhere out there in the world is the person who justified warning labels on suppositories that advise they are not meant for oral consumption. Some people’s functional skills in various aspects of life, for whatever reasons, are seriously limited.

People tend not to make improvements when forced to, particularly when they perceive the improvements as a threat to their familiar, comfortable, self-serving routines. This, too, is human nature.

The problem in special education is that, following the passage of the EAHCA, too many people with chips on their shoulders were left over the decades in positions of authority in public education, passing their “insight” onto the people they were responsible for training and stacking the deck against the success of special education. In other words, ever since the passage of the EAHCA in 1975, there have been career public education administrators undermining the effectiveness of special education in order to win an argument rather than educate children, the latter of which being what we actually pay them six-figure salaries at public expense to do.

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Mental Health Services for ASDs

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Sigmund Freud

Sigmund Freud (Source: Flickr)

Students with Autism Spectrum Disorders (“ASDs”), including Asperger’s Syndrome and Pervasive Developmental Disorder, Not Otherwise Specified (“PDD-NOS”), are often challenged by anxiety, which is an emotional health need. Many school districts contract with county mental health agencies or other providers for forms of individual psychotherapy services that may not be appropriate for some students with ASDs. Further, they may have no other service to offer to address ASD-related anxiety issues.

To add to the confusion, many county mental health agencies have recently re-identified themselves as county behavioral health agencies, yet they do not provide Applied Behavioral Analysis (“ABA”) or any other type of peer-reviewed behavioral intervention. ABA is supported by research to be effective in not only contending with undesired behaviors among persons with ASDs but also in providing explicit instruction to teach the skills these individuals lack.

Explicit instruction in social skills such as greetings, farewells, maintaining a topic of conversation chosen by another person, initiating conversations, and other aspects of human interaction have to taught to many children with ASDs as explicit, scripted procedures. Those procedures can then be generalized into real life by reinforcing them when they occur in natural settings and pointing out to the individual, in vivo, when he/she has engaged in the steps of the procedure so that he/she learns to recognize social contexts in which each script is to be applied.  Eventually, it becomes a learned, rehearsed strategy to deal with specific types of situations.

The degree to which persons with ASDs can master various scripted procedures, or even need this level of support, varies from individual to individual. The same for the degree to which someone with an ASD can generalize knowledge from one context to another, such as from the instructional setting to real life.  It’s called a spectrum disorder for a reason. The range of severity between mild and severe is quite broad and anyone can fall anywhere along it.

Traditional “talk therapy” that promotes developing one’s insight and insight into other people’s perspectives to sort out one’s issues is not necessarily appropriate for some individuals with ASDs. Because there are so many differences among people with ASDs, it’s not fair to say that no one with an ASD can benefit from traditional talk therapy. But, it is safe to say that there are a significant number of students with ASDs who truly cannot benefit from traditional talk therapy but still have emotional health needs that require mental health services as part of their special education programs.

The matter comes down to, “What form of mental health services are appropriate for students in special education who have ASDs and require mental health services in order to benefit from their IEPs?” Well, as with anything in special education, you can’t take a cookie-cutter approach and say one specific type of program will fix everything for everybody. For one thing, no such statement will ever be true; learners with disabilities, even within a population impacted by the same condition, are too diverse for one-size-fits-all programming. Federal law requires individualized programming for this very reason.

That said, there are certain approaches that are generally known to be more effective with students who have ASDs than others. These may work with many students with ASDs, but whether or not they will be effective with an individual student really depends on that student.  The following are possible methods by which effective mental health services can be delivered to some persons challenged by anxiety associated with ASDs.

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Involving Outside Agencies in the IEP Process

For all of you educators out there who are struggling with interagency collaboration issues, we’ve created this Slidecast for you to share with your colleagues employed by outside agencies. For all of you outside agency folks, please use this tool to help you participate appropriately in the IEP process.

View another webinar from KPS4Parents, Inc.

Corrective Actions Ordered for Schools in California’s DJJ Facilities

On August 26, 2010, an investigation was opened by the California Department of Education (“CDE”) into allegations of procedural non-compliance that I made in my capacities as both a volunteer surrogate parent and advocate for KPS4Parents on behalf of two incarcerated youth at the Ventura Correctional Facility in Camarillo, CA. Both youth are eligible to receive special education and related services under the Individuals with Disabilities Education Act (“IDEA”).

You can download a PDF of the investigation findings by clicking here.  The personally identifying information of the students on whose behalf these complaints were filed has been redacted to preserve their confidentiality.

The nature of the complaint was that many, if not most, of the special education students attending Mary B. Perry High School, which is located within the facility, were compromised by systemic failures of the Department of Juvenile Justice (“DJJ”) and its internal public education system, the California Education Authority (“CEA”). The two students named individually in the complaint were compromised by these systemic violations and represented the class of students within the CEA who have been similarly compromised.

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