By Marion M. Walsh, Esq., Littman Krooks LLP
On October 27, 2016, a committed group of parents and educators, on a very stormy evening, attended a workshop on: Development Mediated by Trauma: How to Recognize and Remediate Adverse Childhood Experiences, with experts Dr. Boris Gindis, psychologist specializing in trauma and Jennifer Griesbach, a psychotherapist specializing in adoptive children. According to Dr. Gindis, “Trauma is an objectively stressful event that subjectively is experienced by a person as emotional distress, disturbance and suffering.” Traumatic stress, even only unresponsive care, can cause damage to the biochemistry of the brain, he noted. The workshop centered on the understanding of Developmental Trauma Disorder and the need for patience and awareness of the issues. Ms. Griesbach and Dr. Gindis both recommended therapeutic parenting and specific types of psychotherapy and family counseling to assist children.
Marion Walsh, Esq. from Littman Krooks LLP noted that many schools and parents do not understand the effects of trauma on children and that school districts have an affirmative duty to locate students suspected of having disabilities, including emotional disabilities. Trauma can lead to emotional and learning disabilities. She spoke about the need for education, training and school services and placements available.
More information will be forthcoming in the future as we learn more about this important topic. Visit our calendar to learn about our upcoming workshops.
Learn about our special needs planning and special education advocacy services at www.specialneedsnewyork.com.
On October 27, 2016, a committed group of parents and educators, on a very stormy evening, attended a workshop on: Development Mediated by Trauma: How to Recognize and Remediate Adverse Childhood Experiences, with experts Dr. Boris Gindis, psychologist specializing in trauma and Jennifer Griesbach, a psychotherapist specializing in adoptive children. According to Dr. Gindis, “Trauma is a an objectively stressful event that subjectively is experienced by a person as emotional distress, disturbance and suffering.” Traumatic stress, even only unresponsive care, can cause damage to the biochemistry of the brain, he noted. The workshop centered on the understanding of Developmental Trauma Disorder and the need for patience and awareness of the issues. Ms. Griesbach and Dr. Gindis both recommended therapeutic parenting and specific types of psychotherapy and family counseling to assist children.
Marion Walsh, Esq. from Littman Krooks LLP noted that many schools and parents do not understand the effects of trauma on children and that school districts have an affirmative duty to locate students suspected of having disabilities, including emotional disabilities. Trauma can lead to emotional and learning disabilities. She spoke about the need for education, training and school services and placements available.
More information will be forthcoming in the future as we learn more about this important topic. Visit our calendar to learn about our upcoming workshops.
Learn about our special needs planning and special education advocacy services at www.specialneedsnewyork.com.
Recent years have seen a welcome shift in public attention toward understanding the serious repercussions of bullying in school. Our society now recognizes that bullying, once dismissed as simply part of growing up,can have a serious negative effect on the mental health and social development of children, even into adulthood.
For children with autism, the problem has even greater scope and effect, in part because children with autism have intrinsic vulnerability to bullying and they are more likely to be victims of bullying. Children often face bullying for being different and the sensitivities and typical peers may not understand the behavioral differences of children with autism.
In addition to being more likely to be bullied, children with autism may have more trouble understanding and responding to teasing. Children with autism tend to interpret statements literally, so they may not understand jokes or sarcasm. Stress and anxiety may lead to an outburst or other problematic behavior, which can lead to further harassment.
The consequences of bullying can be severe. Research has shown that children who are victims of bullying may develop low self-esteem, learning difficulties, anxiety, depression and other symptoms, all of which can persist well into adulthood. In addition, although some types of bullying may decrease as children get older, that may not be the case for children with autism. Indeed, there may be a greater cause for concern with older children.
Here are four action steps you can take to address any bullying of your child:
- Do Not Ignore Problem of Bullying. Faced with these challenges, it is important for parents and teachers to be aware of the problem and take action to prevent and respond to bullying. Do not ignore early signs that a student is being bullied or is bullying another student. Some of the focus must be on the bullies rather than the victims. Teachers should not only intervene when they witness bullying themselves, but teach other students how to do so. A school district’s curriculum and code of conduct should promote an environment free of harassment.
- Help Children Advocate for Themselves and Report to Adults. Children with autism can also be taught how to respond appropriately to different types of bullying behavior. Role-playing exercises can be especially effective in instilling the confidence and self-esteem necessary to respond effectively. Through conversations with parents and teachers, children with autism can learn when they need to strongly stand up for themselves and when they might be able to use a joke to deflect more mild teasing. Make sure a child has a trusted adult in the school to whom to report any bullying. Parents and teachers must provide an appropriate balance of support to protect children from bullying while allowing independence and peer relationships to develop. Parents should bring this up at their child’s next Committee on Special Education team meeting, so that that team can consider goals to help the child advocate and needed supports for the child.
- Use State Law and School Policies as Tools to Stop Bullying. Finally, when a child is the victim of bullying, parents and teachers must take steps to intervene. Under New York’s Dignity for All Students Act (“DASA”), schools must protect students by taking prompt action to end harassment, bullying or discrimination that is reported to the administration. Parents should communicate with the school’s Dignity Act Coordinator for students with disabilities, and report any harassment. Check your school district’s policies and procedures
- Document Bullying. Be sure to document any instances of bullying in writing and report them to the school. Take pictures of any physical injury. Save copies of text or Facebook and other social media messages.
Preventing bullying requires a multifaceted approach, with attention paid to a number of factors within a social context, which is only possible when bullying is recognized as a serious problem. All parents and teachers should take active steps to raise awareness, teach children strategies to respond to harassment, and take action to prevent bullying.
Learn more about special needs planning and special needs advocacy by visiting www.specialneedsnewyork.com.
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A case of alleged discrimination by a Manhattan preschool against a boy diagnosed with autism reminds us that individuals with special needs are often treated unfairly and legal action is sometimes necessary to protect their rights.
The parents of a two-year-old boy say that a private school in Tribeca offered him a spot in its preschool program, but rescinded the offer after learning that the boy had been diagnosed with autism. The parents have filed a lawsuit in federal court in Manhattan, alleging violation of the Americans with Disabilities Act (ADA). “While a private school does not have to provide specialized services for a child with a disability, it may not discriminate based solely on disability,” says Marion Walsh, an attorney with Littman Krooks LLP, who assists children with special needs and their parents. “Children with high-functioning autism often can succeed very well in a mainstream environment,” she says. “From a parental perspective, enduring exclusion from school based solely on a child’s disability can be devastating.”
The parents say that the school withdrew their son’s acceptance the same day the school hosted a speaking engagement with Temple Grandin, a noted advocate for people with autism. 
The allegations represent a troubling reminder that adults and children with special needs still face discrimination every day. Although strong legal protections are codified in the law, action by parents and attorneys is often necessary to enforce legal rights. Parents and attorneys must continue to be vigilant enforcers.
Three federal statutes protect individuals with special needs from discrimination:
- The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in employment and in public entities and places of “public accommodation,” which includes most privately-run schools and child-care centers. The ADA does not specific to schools, but in the education context, it requires schools to provide reasonable accommodations, necessary auxiliary services and reasonable modifications of policies and practices to prevent discrimination against students with disabilities.
- The Individuals with Disabilities Education Act (IDEA) requires that every public school district in the United States identify children with disabilities and provide children with disabilities a Free Appropriate Public Education (FAPE). All 50 states accept federal funding under the statute and are therefore required to provide appropriate special education and related services. The IDEA requires the development of an Individualized Education Program (IEP) for each student with a disability and that provides individually tailored services and is reasonably calculated to provide educational benefits.
- Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against people with disabilities in programs and activities that receive federal funding or financial assistance. Section 504 provides that students with disabilities must receive an education that is comparable to that provided to students without disabilities. Even if students do not receive special education services under the IDEA, they may receive related services under Section 504.
Parents, advocates and attorneys have worked tirelessly and persistently to ensure that individuals with disabilities are included in school and workplaces. People with disabilities worked hard to achieve these legal protections. Parents of children with special needs, with support from attorneys and other advocates, must continue to work to enforce those rights. To learn more about the special education process, click here.
The highest Court in the country has officially stopped using the term “mentally retarded” to refer to individuals with intellectual disabilities. This shift in terminology by the Court shows a significant shift in society’s progress toward treating each other with dignity.
Specifically, in the recent decision of Hall v. Florida, the Supreme Court of the United States reaffirmed the core holding of the 2002 seminal case Atkins v. Virginia, 536 U. S. 304, 321 (2002). Atkins created an Eighth Amendment categorical bar to executing persons with an intellectual disability. The case of Hall, also marked a major milestone in efforts to put an end to use of the term “mental retardation” to categorize persons with intellectual disabilities.
“Mentally retarded” represents the term used in the fourth edition of the American Psychiatric Association’s Diagnostic and Statistical Manual (the DSM-IV). In prior decisions, the United States Supreme Court has indeed used the term. But in Hall v. Florida, the Court acknowledges for the first time that the term “mentally retarded” is no longer appropriate to use.
The Supreme Court has sent an important message to the entire country on the importance of language and respect in referring to persons with disabilities. The Court recognized the impact that words can have one on someone. A major motivation for this change came in 2010, when Congress passed “Rosa’s Law,” which substituted “intellectual disability” for “mental retardation” in several federal laws.
In the Opinion of the Court, Justice Kennedy notes, that previous opinions of the Court have employed the term “mental retardation”, and specifically states that the opinion in Hall uses the term “intellectual disability” to describe the identical phenomenon and that the change in terminology should be used going forward. Justice Kennedy also states that the change in the term “mental retardation” to “intellectual disability” is approved and used in the latest edition of the Diagnostic and Statistical Manual of Mental Disorders, one of the basic texts used by psychiatrists and other experts; the manual is often referred to by its initials “DSM,” followed by its edition number, e.g., “DSM–5.” See American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders 33 (5th ed. 2013). See also Rosa’s Law, 124 Stat. 2643 (changing entries in the U. S. Code from “mental retardation” to “intellectual disability”); Schalock et. al, The Renaming of Mental Retardation: Understanding the Change to the Term Intellectual Disability, 45 Intellectual & Developmental Disabilities 116 (2007).
The term “mentally retarded” is extremely pejorative and unnecessary to use when there are other words that do not have as stigmatizing an effect on persons with intellectual disabilities. Justice Kennedy writes the Eighth Amendment’s protection of dignity reflects the nation we have been, the nation we are, and the nation we aspire to be.” Similarly, to protect such dignity, word usage should be contemplated with respect to those who suffer from intellectual disabilities. This change in terminology represents a step forward for protecting those who suffer from intellectual disabilities.
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On January 10th, Governor Cuomo signed into law a bill which establishes a new state license for providers of applied behavior analysis (ABA) services to individuals with autism. ABA represents the leading evidence-based therapy for individuals with autism and other developmental disabilities. ABA, usually a one-on-one treatment method, focuses on assessing the environmental influences on behavior, assessment-based intervention, and data-based decision making. The new law will help individuals and families find quality ABA providers who have met stringent academic and training requirements, while also ensuring state regulation and continuing oversight of these providers.
The new law creates a new state license for behavior analysts (with at least a master’s degree) and a new state certification for behavior analyst assistants (with at least a 4-year college degree), with a protected scope of practice. According to the New York State Association for Behavior Analysis there will be two different processes. The first process, which will be available from January 10th, 2014 to January 10th, 2016, allows an individual who is certified by the Behavior Analyst Certification Board (BACB) to become licensed or certified (assistants) if they fill out and satisfy the character and fitness requirement and pay the fee ($200 license; and $170 certification). Second, the regular licensure process begins on July 1, 2014 and is available for anyone who does not have BACB certification. However, if an individual obtains BACB certification after July 1, 2014, they can still apply through the shorter process which will be open until January 10th, 2016. The law goes into effect on July 1, 2014, except that individuals who are certified by the BACB will be allowed to apply immediately to the New York State Education Department for licensure or certification, provided they satisfactorily fulfill the character and fitness requirement and pay the required fee.
The new law represents an effort to reduce the out-of-pocket expenses paid by the families of those with autism. The law builds upon New York’s insurance reform legislation, passed in November 2012, which requires state-regulated health plans to cover ABA. The insurance reform legislation required that ABA practitioners obtain a state license in order to qualify for insurance reimbursement. Because New York has no ABA license, the requirement effectively blocked the ability of many families to use their new insurance coverage. The new law (S.4862) now supplements the insurance reform regulation by providing for the state licensing process.
For more information, visit our website, www.specialneedsnewyork.com.
by Marion Walsh, Esq.
On January 10th, Governor Cuomo signed into law a bill which establishes a new state license for providers of applied behavior analysis (ABA) services to individuals with autism. ABA represents the leading evidence-based therapy for individuals with autism and other developmental disabilities. ABA, usually a one-on-one treatment method, focuses on assessing the environmental influences on behavior, assessment-based intervention, and data-based decision making. The new law will help individuals and families find quality ABA providers who have met stringent academic and training requirements, while also ensuring state regulation and continuing oversight of these providers.
The new law creates a new state license for behavior analysts (with at least a master’s degree) and a new state certification for behavior analyst assistants (with at least a 4-year college degree), with a protected scope of practice. According to the New York State Association for Behavior Analysis there will be two different processes. The first process, which will be available from January 10th, 2014 to January 10th, 2016, allows an individual who is certified by the Behavior Analyst Certification Board (BACB) to become licensed or certified (assistants) if they fill out and satisfy the character and fitness requirement and pay the fee ($200 license; and $170 certification). Second, the regular licensure process begins on July 1, 2014 and is available for anyone who does not have BACB certification. However, if an individual obtains BACB certification after July 1, 2014, they can still apply through the shorter process which will be open until January 10th, 2016. The law goes into effect on July 1, 2014, except that individuals who are certified by the BACB will be allowed to apply immediately to the New York State Education Department for licensure or certification, provided they satisfactorily fulfill the character and fitness requirement and pay the required fee.
The new law represents an effort to reduce the out-of-pocket expenses paid by the families of those with autism. The law builds upon New York’s insurance reform legislation, passed in November 2012, which requires state-regulated health plans to cover ABA. The insurance reform legislation required that ABA practitioners obtain a state license in order to qualify for insurance reimbursement. Because New York has no ABA license, the requirement effectively blocked the ability of many families to use their new insurance coverage. The new law (S.4862) now supplements the insurance reform regulation by providing for the state licensing process.
For more information, visit our website, www.specialneedsnewyork.com.
