Fecal Smearing, Disability, and the January 6, 2021 Insurrection

This is not a pleasant topic at all, so I want to start out this post/podcast with the understanding that I know this isn’t a pleasant topic. That doesn’t make it something to avoid, however. Problems aren’t solved by pretending they don’t exist.

For those of us who work with people with significant mental disabilities, fecal smearing, otherwise knows as “scatolia,” is a behavior we usually encounter among individuals with significant developmental disabilities and dementia. These behaviors often happen among these populations very frequently alongside other bowel-related health issues, such as constipation and encopresis. Simply put, constipation is poop not coming out and encopresis is poop not staying in.

The function of most fecal smearing behaviors appears to be communicative, especially among individuals who are nonverbal or have limited verbal abilities. In verbal individuals who engage in these behaviors, other significant mental impairments are still present, whether its the loss of mental functioning due to dementia; the failure of mental maturity due to developmental disabilities, such as intellectual disabilities and/or autism; or some forms of mental illness. Fecal throwing and smearing can also be seen among other primates. It’s a primitive, infantile behavior.

When I was 20 years old, I worked in a nursing home providing hands-on care to medically fragile and/or mentally compromised elderly people. All of us knew who the poop-throwers were. The one on my wing was also an Evangelical Christian who would sing church hymns while throwing her poop at anyone passing by and accusing them of being the Devil. The exception was the visiting Evangelical pastor who would stop by to visit the patients every week, but he would come down the hallway singing a hymn at the top of his lungs so she would know it was him before he walked into her room, or he would get it, too.

I encountered fecal smearing behaviors once again when I finished my undergraduate degree and started working as a job coach in the community with adults challenged by developmental disabilities. One of the young men on my caseload was a fairly capable individual with autism who, in spite of his many attributes that made him employable to bus tables, serve drinks, and perform general maintenance in a restaurant, would engage in fecal smearing whenever someone made him upset. What had started as a behavior when he was younger with less language abilities had become a deeply entrenched learned behavior that followed him into adulthood long after he had developed completely intact verbal communication skills.

The differences between these two examples from my own life were important to note. In the nursing home, the woman on my wing with fecal throwing behaviors was kept on laxatives so that her feces wasn’t solid enough to hold in her hand for throwing. Cleaning up bedpans was infinitely less work and trauma than jumping into the hazmat shower fully clothed and going home in scrubs from the supply closet because our own clothes had been ruined.

By comparison, the young man who struggled to hold onto a job and a group home placement because of this behavior was successfully broken of the habit through Applied Behavioral Analysis (ABA), Cognitive Behavioral Therapy (CBT), and psychotropic medication management to address anxiety and depression. Because he was verbal, he was able to talk with his therapist about the feelings he was having when he engaged in these behaviors and we were able to come up with a plan that helped him deal with those feelings appropriately, eventually extinguishing the scatolia altogether. He’s been employed every time I’ve encountered him since, mostly in the community eating at the restaurants where he has worked.

What we discovered based on what he was telling us is that, historically, he had found himself in situations where he couldn’t tell people what he was thinking for lack of language and, later, as the language started coming on, because he was afraid to complain about certain things for fear of retaliation or punishment. The degree to which he was correct in his perceptions about those past experiences is not as important as the fact that he was afraid to say anything with words, but he could express himself non-verbally through fecal smearing.

Fecal smearing behaviors tend to orient around protest, disagreement, and retaliation, based on what little research has been conducted on the topic so far. Most of the available research comes from mental institutions and long-term care facilities. I could find no research about fecal smearing happening in the general community, though such research may exist and I just couldn’t find it. So much of the research is hidden behind paywalls that it’s not accessible to everyday people, which is a topic of discussion all to itself for another time.

I brought this subject up in my book club last night (we’re currently reading The Gifts of Imperfection: Let Go of Who You Think You’re Supposed to Be and Embrace Who You Are, by Brené Brown, PhD, LMSW). One of the other club members shared that her home had been broken into years ago and robbed. The robbers also pooped on her wooden floors, ruining the finish, and she had to wait for a year-and-a-half to have the time and money to refinish her floors, with the damaged spot where the poop had been, serving as a daily reminder of the sense of violation she had experienced. Now that I think about it, the same thing happened to my grandparents in the 1990s while they were on an RV trip, only the poop was on their walls.

My book club friend stated the police officers who had responded to the call advised her that this was a common behavior witnessed among break-in robberies like hers. Law enforcement may be a better source of information about the prevalence of fecal smearing in the general community, which goes to the degree to which we have delegated the responsibilities of our mental health agencies to law enforcement. Behavioral researchers should look there for data about the frequency with which these incidents occur and how they are addressed.

Needless to say, there was no scholarly research I could find that was specific to the fecal smearing behaviors that happened during the Insurrection of January 6, 2021, at the Capitol of the United States of America. Only official records from the government and reports in the media capture the incident. I’m quoting the Trial Memorandum of the U.S. House of Representatives from the second impeachment proceedings against the 45th president of the United States, here:

Once inside, insurrectionists desecrated and vandalized the Capitol. They ransacked Congressional Leadership offices—breaking windows and furniture, and stealing electronics and other sensitive material. They left bullet marks in the walls, looted art, smeared feces in hallways,and destroyed monuments … [Emphasis added.]

This has been bothering me ever since it was first reported shortly after the Insurrection that fecal smearing had occurred during this incident as well. Based on what I already know about fecal smearing behaviors, what that tells me is that at least one person with profound disabilities was among the Insurrectionists.

Based on the other overt behaviors of the Insurrectionists, it’s safe to say that America’s mental health crisis reached an apex of sorts, though it isn’t done showing itself, yet, based on the continuing domestic terrorism threats we all still face. It’s an Extinction Burst of a sort, and one we cannot afford to reinforce. These individuals are seeking reinforcement for behaviors that were once rewarded and escalating their behaviors when the rewards are not forthcoming.

I think they’re all cries for help, but the behaviors are so off-putting to most other people that they are disinclined to help and eager to ostracize anyone engaging in them. I think ostracizing these people helps the rest of us avoid the unpleasantness of dealing with these behaviors, but it’s not a democratic response, much less an ethical one. We need a plan as a people on how to solve these problems, not punish people for having them. I’m not saying that people who commit crimes shouldn’t pay for them. I’m saying that the causes of criminal behaviors have to be addressed so they don’t happen in the first place. There is way too much money being made on incarcerating Americans instead of helping them.

The bigger concern for me, these days, though, is how many other people in positions of power actually understand the severity of our nation’s mental health crisis and choose to exploit these individuals rather than meet their needs, such as the 45th president of the United States, for example. Protest, disagreement, and retaliation are the usual communicative functions of fecal smearing, and the Insurrection-related fecal smearing doesn’t appear to be different in that regard. Everyone involved in the Insurrection was there to protest, disagree, and retaliate. What this specific form of communication tells us is that the people who engaged in it felt desperate enough to express their feelings through these actions rather than words, as if words had failed them and/or they didn’t feel safe to use them.

When people are mentally impaired and don’t fully understand everything going on around them, they can easily become confused, misled, and manipulated by others. They are often aware when others are mistreating them even if they don’t fully understand the hows and whys. They know when they find themselves in a disadvantaged situation and will harbor valid resentments about it, but they often don’t know who did what to make it happen, much less what to do to make things better.

When you have a right to be angry but you don’t know how to get out of the situation, and no one is stepping up to help you, it’s easy to become angry at everyone. You feel like the whole world is against you and there’s nothing you can do. At that point, you default to the highest stage of social emotional development you’ve completely mastered, which may be well below your chronological age depending on the degree to which your social emotional development was healthy or not. Once someone becomes so overwhelmed emotionally in the absence of a solution that they start freaking out, very childlike – even infantile – behaviors are likely to ensue.

In the name of “liberty” and “freedom,” we’ve absolved ourselves of any responsibilities for the welfare of our neighbors. Personal liberty becomes confused with narcissism. People pay lip service to the ideals of the Constitution while exploiting their neighbors for financial gain. Money is an imaginary construct that many people value more than human life.

Many of these same people claim to be true believers in Christ, effectively singing church hymns as they sling their poo at everyone else. I don’t recall any part of the New Testament encouraging that kind of behavior, but religious scholars who have studied the texts more closely than I have are welcome to correct me if I’m wrong.

Most of us understand that the people who got sucked into the 45th president’s own mental health crisis are also not well, but they also account for approximately one-third of our population. That makes them a dangerous minority that has now grown into a domestic terrorism problem. It puts the assertions by the majority of Muslims around the world that Islam is not a religion of violence into context, now that we’ve got our own violent religious radicals here at home calling themselves Christians.

The inextricable intertwining of religion and mental health problems in societies is yet another topic for a separate conversation, but I have to point out that there are many responsible faith leaders struggling to lead as many of their congregationalists abandon the teachings of Christ to follow every wolf in sheep’s clothing that steps into their path. American commercialism and its own brand of capitalism have created a competitive mindset about everything in our culture.

It’s “My high school football team is going to crush your high school football team.” It’s, “My church is made up of the chosen and all the other churches are full of people going to Hell.” It’s, “My neighborhood is the best and everyone else lives in a dump.” Where is this narcissistic drive to be “better” than everyone else coming from in a society that’s supposed to be democratic? Why do we feel driven to create a caste of “losers” to make ourselves feel like “winners”? How does hurting other people make someone a “winner”?

People have developed brand loyalties around things that aren’t actually brands. American consumerism and its obscene obsession with the pursuit of material wealth has grossly undermined the uniform message of every great faith. Wanting more than what one needs while others go without contradicts every pious teaching of every great religious leader the world has ever remembered. We’re all supposed to be collaborating with each other, not competing with each other, to survive as a species.

Raising children from birth under conditions that deprive them of developmentally necessary opportunities to reach adulthood physically, mentally, emotionally, and spiritually intact, is an uphill battle. The science is clear that the type of family support system an individual has is irrelevant; what matters is whether they have any type of support system at all.

Children growing up in homeless shelters with after school tutoring, social services, higher education and job placement services for parents, etc., remain as academically intrinsically motivated as children living in traditional family homes with access to resources. The gender identity and sexual orientations of parents have zero bearing on the quality of their parenting. Parenting becomes poor when it fails to nurture childhood development, regardless of the gender or orientation of the parent.

What we can safely deduce from witnessing current events as it relates to the known science is that being raised in economic extremes, whether extreme poverty or extreme wealth, deprives children of developmental opportunities that undermine their mental, emotional, and communicative growth. Extremely wealthy children are at risk of never learning how to do anything for themselves and will implode the minute they have to deal with serious life challenges. Extremely poor children are at risk of malnutrition, homelessness, and other hardships that make mere survival the priority without the opportunities to work on any other part of their development.

As the middle class in America continues to disappear, we’re at risk of more and more people ending up at one economic extreme or the other and their children growing up thinking that humanity is truly divided as a matter of nature into two classes: the “haves” and the “have nots.” If that’s all they see growing up, the divide becomes a hard and fast expected part of society. What do you think happens to a society that is made up entirely of people who failed to reach developmental maturity? It goes Lord of the Flies pretty quickly, after that.

In my ever-worried imagination, under such circumstances, humans will return to the trees if we survive as a species at all. I keep thinking, “Maybe the bonobos will have a better go at sentience than we did.” It makes me want to teach them sign language just so I can tell them all the mistakes we’ve made and what to avoid. The first thing I’ll teach them is, “Use your words, not your poop.”

Returning to the present issue of poop-smeared threats to our democracy wrapped in Confederate flags, I have a theory about one particular aspect of the problem that I haven’t seen discussed in the news about the Select Committee’s investigation into the Insurrection of January 6, 2021. In my line of work, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act come up quite frequently. When I see things that do not appear to conform with their requirements, they jump out at me.

Given that were clearly dealing with people struggling with mental disabilities of one type or another, and given that social media has been instrumental in feeding them misinformation while giving them the tools to organize, it appears to me that the social media algorithms are not coded in a manner that reasonably accommodates users with the types of mental disabilities that make them vulnerable to misinformation and recruiting tactics of foreign adversaries and domestic terrorists.

If anything, social media’s absence of reasonable accommodations in its coding for users with these types of mental issues is creating more domestic terrorists than we already had in the first place, suddenly taking them from the fringes of our society to a sizable, dangerous minority of violent people bent on overthrowing the government. In the absence of effective mental health interventions, the manipulators swooped in and weaponized our own neglected mentally impaired citizens against us.

What we don’t take care of will take care of us. That’s the whole reason that “being careful” is so important. “Being careful” isn’t about avoiding problems, it’s about being full of care. Being caring means being responsible for your community as well as yourself and your immediate loved ones. It takes a village, as they say, but if you neglect your village, you cease to be part of it.

We’re all different for a reason. Whether you’re a person of faith and see it as a component of our Creator’s Great Plan or you’re a secularist who sees it as a function of nature and evolution, or you’re like me and think that nature and evolution are parts of the Creator’s Great Plan, it’s an obvious fact that we’re all meant to be different by design.

The failure to appreciate the role that diversity serves for the balance of everything has led to efforts by a few unstable individuals who manage to acquire power and try to remake humanity over into a monolith, casting out those who, by design, cannot conform to their invented social hierarchies. This is the essence of discrimination. It’s what causes people with disabilities to be regarded as less than human.

Anyone who is discriminated against for any other reason should be empathetic to the discrimination experienced by people with mental disabilities that affect their behaviors, but our knee-jerk reaction is to be repulsed by the most extreme behaviors in which we see these people behave. These behaviors, while often intolerable and highly inappropriate, are still cries for help, we need to see them that way, and we need to collectively demand our elected officials to enforce the ADA and Section 504 when it comes to social media algorithms.

My theory is that, if we use the existing language of the ADA and, where applicable, Section 504, to compel social media platforms to stop preying on the weakest minds among us, it will not only create jobs for coders knowledgeable of the law, but also enforcement officials knowledgeable of the code. Rather than looking at the daunting task of coding the Code into social media platforms as an insurmountable challenge, it should be seen as a significant step towards true democracy that creates desperately needed jobs.

The solution would solve more than one significant problem in this country and serve as an example of adult-level problem-solving for the rest of the world. Marketing research tells us that customer loyalty is greater after a vendor has had to work with a customer to solve a problem than if there was never any problem at all. It’s not a source of shame for America to trip over its own feet and experience growing pains as it sheds the hypocrisy and anti-democratic practices of the past; what makes it shameful or not is how we respond.

If we can bounce back from the threats our democracy is facing right now with science across the board in every domain of need, including our nation’s ongoing mental health crisis, and enforce the ADA and, where appropriate, Section 504, on social media platforms, no additional regulations are necessarily needed. If any other regulations of social media become necessary above and beyond that, so long as the First Amendment is still protected while also preventing troubled people from getting sucked down the rabbit holes of conspiracy theories, we’ll redeem ourselves in the eyes of the world. At least, that’s my theory.

“Consequences” Doesn’t Mean “Punishment” in ABA

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34 CFR Sec. 300.320(a)(4)

Premack Principle

From Emotions to Advocacy

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Transcript:

Hi, it’s Anne with KPS4Parents. And I’m here again with one of our Quick-Fix videos, and today’s topic is consequences don’t mean punishment in ABA. And, what I want to focus on is a problem that I keep encountering in the field. And even though I’m able to successfully deal with it on a child-by-child basis, the systemic issue doesn’t seem to be going away. And so I think it’s something that all of us collectively need to be working on, just to make sure that the legal and scientific principles that apply are actually being applied in that our children are benefiting from the application of both.

And so I want to just get into this today. And hopefully, if you have any questions, of course, post comments, direct messaged us, send us an email, whatever, to ask your questions of us. And we’ll be happy to answer them to the degree that we can and refer you to other resources. But let’s go ahead and get into this.

So there’s two key considerations here that we really need to think about. And one of it is the legal side of it. The other side is the science side of it. And in terms of the legalities of it, it really I want to talk about what the law requires in terms of applying the science. And because that’s something that doesn’t get enough attention, I think in special education, but it’s at the heart of what the issues [are] that I encounter regularly.

So I know I brought up this particular piece of regulation in our other videos and in other posts and things we’ve done, but it’s because it’s so important. And it certainly is applicable here. And so I want to just recap it, and it’s Title 34, Code of the Federal Regulations, Section 300.320(a)(4). And specifically, what we want to look at, is this is the the part of the regulations that describe what’s supposed to go into an IEP. And, by no means is this everything that’s supposed to be going into an IEP. This is the part I want to focus on with respect to the issue I’m raising right now.

Basically, what this particular regulations requires, is that, in the IEP, you’ve got a statement of the services that the child is going to get; the specialized academic instruction, as well as the related services like speech and language, transportation, whatever. All of it has to be delivered according to the peer-reviewed research to the degree that is practicable.

And I don’t want to belabor the point of what “practicable” is supposed to mean, because honestly, there is no legal or professional standard. You can basically take the word to mean that you know that it can actually be done; you know that it’s achievable within the school setting. And so, when you’re talking about services that a child might need that are scientifically based, it’s specific to what’s going to give them equal access to education as that given to their peers who do not have disabilities, and so that’s what we’re focusing on here.

There has to be a scientific basis for the interventions being given. It has to be an evidence-based program. You just can’t have people in there making stuff up and saying, “Oh, yeah, this will work.” No! You need to be able to use stuff that has been proven to work, and is supported by evidence. That’s basically what 34 CFR, Sec. 300.320(a)(4) means; it’s that you’re applying the known science of what has been proven to work in order to teach children.

And that that shouldn’t be that complicated, but in this day and age of science denial and an abandonment of the rule of law, usually by the same individuals, it becomes a problem, especially if they’re employed within the education system. That’s why I keep, I think, running into this is because we definitely do have those folks who are deeply entrenched, and part of, you know, reforming public education is to get those people out of there.

So let’s talk about the applicable science, now that we know the law requires the science to be applied, and we actually know which law requires the science to be applied. Let’s talk about what the science actually is, when you’re talking about this terminology.

And so in this instance, we’re talking about Applied Behavioral Analysis now. ABA has become somewhat controversial in special education, because a lot of people don’t really understand what it is, least of all judges who try these cases.

And so let’s be clear on what ABA is. ABA is not a behavior program. ABA is not a intervention for children with autism. ABA is a science that applies to anything that behaves. That could be sea slugs; that could be computer programs; that could be your mother in law; t could be anything. It’s anything that behaves. You can use Applied Behavioral Analysis to figure out why a behavior has happened and the function that it serves. It renders behavior down to ones and zeros.

And so, the “one” is to get something and the “zero” is to get away from something or to escape something. And so, there’s only two sides to any behavior: acquire/attain or escape/avoid. That having been said, how do we figure out what’s happening, whether it’s an escape of behavior or an attainment behavior?

And so, one of the methods that’s commonly used in ABA is called ABC data collection. And this, in special education, is usually where I see things go immediately off the rails, when you’re talking about behavioral interventions for kids with special needs; that this ABC data collection is skewed because people are not properly using the terms as they’re meant to be used.

According to the peer reviewed research … according to the applicable science … everybody seems to get the “A” and the “B” of ABC, right, because there’s nothing that might contradict it or conflict with it. There’s not alternative definitions of these terms otherwise being bandied about in public education.

But when you get to the word “consequence,” in the public education setting, this is where people get really super confused. Because when you’re looking at the traditional punitive disciplinary model of how school districts have historically dealt with behaviors among students; it’s all very punishment-oriented. And so, a consequence is something that gets meted out by staff. It’s something that gets delivered by the personnel in response to the student’s behaviors. Like, “If you don’t do that, the consequence is going to be detention … or suspension … or you’re going to have to write 100 sentences … or there’s always some consequence delivered by some other person, and that’s a punishment.

That’s not what ABA is talking about at all. In an ABA, you have to remember, as a science, it’s using terms in a very neutral kind of way. And so, for example, “positive reinforcement” and “negative reinforcement” do not mean what most people think it means when you’re talking about ABA.

It’s like batteries; “positive” and “negative” don’t mean “good” and “bad,” when you’re talking about a battery. When you’re talking about the poles of the earth, you have a positive pole and a negative pole. That’s not good or bad; it’s just that they’re opposites of each other.

In ABA, when you’re talking about positive reinforcement, what you’re talking about is the presentation of something that’s going to encourage a behavior to happen, again; a reward of some kind for the behavior. And when you’re talking about negative reinforcement, you’re talking about taking away something unpleasant that increases the likelihood of a behavior happening.

So, for example, let’s say that you’re a child sitting in a classroom and there’s an alarm going off of some kind, and that alarm is very distressful to you. The moment that alarm gets turned off, that aversive stimuli is eliminated, and now the environment has become much more rewarding for you to be in, because that bad thing has gone away.

So negative reinforcement is taking away something you don’t want … a zero … escaping/avoidance. And, positive reinforcement is giving you something you do want … a reward of some kind … so, that’s the one. Again, either you’re getting something or you’re getting away from something; there’s the one or a zero.

And so bearing that in mind, “consequence” also does not mean what most people think it means in ABA. It’s not what other people do in response to the behavior. What other people choose to do in response to a behavior is called a “reactive strategy.” Now, whether it’s effective or not is a-whole-nother conversation, but someone else’s reaction is not automatically what the behavior seeks.

So, the consequence is what the individual is trying to make happen with that behavior; whatever it is that reinforces the behavior is the consequence they’re seeking.

So, for example, if you have a toddler climbing on the kitchen counter trying to get to the top of the refrigerator to the cookie jar, the function of that behavior is to acquire a cookie inside that cookie jar. And, they’re engaging in this dangerous behavior to get something that they want, without even realizing they could be risking their own safety, because they’re little and they don’t know any better. They’re just trying to get what they want; that’s all they’re thinking about.

So, the function of the behavior, the consequence that reinforces the behavior, is the acquisition of a cookie. “I’m going to climb among counter and I’m going to acquire a cookie. And that cookie is my reinforcement for having climbed on the counter.” Climbing on the counter is the behavior.

So, what triggered the behavior? What caused the child to say, “Hey, I could climb on this counter and get to this cookie jar and get a cookie out of it, if I really wanted to”? Well, usually, it’s being able to see the cookie jar; knowing that it’s up there. And so, the antecedent is witnessing the presence of the cookie jar, or proximity to the cookie jar, or observation of the cookie jar. It’s something that exists in the environment that when they see it, they’re like, “Oh! I want a cookie,” and then that behavior of counter-climbing starts. And if they get a cookie, that’s the consequence they were seeking that reinforces the behavior.

So, in ABA, “consequence” means the payoff that the behavior is intended to make happen, whether it’s escape/avoidance, or its acquisition/attainment.

And so, when you’re looking at a behavior intervention plan in an IEP, and they’re talking about, “What are the consequences of this behavior?” and it starts listing all the things that the personnel on the school do in response to that behavior, that’s not right. That’s not what “consequence” means in that context. That’s not the application of the science.

What they’re describing are the reactive strategies. “This is what we do when we see this behavior.”

Now, ideally, when you’re doing a behavioral intervention, the consequence the person is trying to engage in … the student … is not being delivered. It’s being met with a reactive strategy, instead, to redirect them to something else … to have them use a more appropriate behavior, like asking for a cookie instead of climbing on the counter.

You’re trying to replace that behavior. You try to teach a replacement behavior so that the need is fulfilled, or whatever that function is that they’re trying to meet, they’re using a more appropriate behavior to make that happen than the one that you’re trying to mitigate, if they’re, especially if they’re engaging in something that’s dangerous, or, you know, ii could compromise their safety. You want to teach them an appropriate replacement behavior.

Or, if they’re being disruptive in the classroom, because they’re getting up and running around. And, maybe what they really need to do is request a sensory break; they hold up a little break card, and they tiptoe over to the sensory area, or the sensory room, or they have some kind of, you know, fidget at their desk or something, that they can get their wiggles out without running around the room and disrupting everybody else.

First of all, you just want to make sure the consequence they’re seeking isn’t delivered. Because if the reinforcement they’re seeking is not forthcoming, then that behavior is not going to work for them anymore, and they’re gonna have to replace it with something else. But if you don’t teach them what to do, instead, whatever they come up with, and stuff, on their own, instead of what was is no longer working for them, if all you do is withhold reinforcement, there’s a really good chance, they’re going to find some other maladaptive behavior to replace the one you were trying to get rid of in order to still gain that outcome. And so you need to teach them a replacement behavior that’s more socially acceptable in that setting, to meet whatever want or need it is that they’re trying to … you know, to address.

And if, for some reason, the behavior is seeking something that’s inappropriate during that time, then it’s about teaching them how to delay gratification and wait until later, and they can work towards it. They can earn it, like, if what they really want is to play a game on their iPad, then that’s something they have to earn by doing something you want them to do. And then you use what’s called a Premack Principle, which is a first-then strategy where, “first you do this, and then you can have what you want.”

And so, you get them to wait until later to acquire that reinforcer that they’re seeking and the only way they can actually obtain it is by doing what you want them to do, rather than running around, you know. You don’t want them acting up in the classroom, what you want them to do is to engage in this replacement behavior and earn whatever it is they’re looking for that they find reinforcing. If it’s something like, you know, a tangible, like a food item, or a toy, or a game, or if they need a break, if their sensory system is overwhelmed, and they truly need a break, you want them to ask for it appropriately and not just get up and run around the room.

And so, it’s about teaching them skills to still see their needs met. It’s not about leaving them hanging and say, “You know that behavior is inappropriate. I don’t care why it’s happening. Whatever your needs are that you’re trying to address, just stop it.”

Well, how would you like it if somebody told you to stop meeting your needs? And why would you do that to a child and who’s doing the best they can with what they have to work with, especially if they’re disabled, and they’re struggling even harder to figure out what the right thing to do is? That’s why you’re there. You’re there to teach them that.

This is how “consequence” gets misused in the special education context, when you’re talking about assessing behaviors, because you can’t figure out the function of the behavior unless you understand what is trying to make happen. What is the outcome the individual is trying to achieve by acting that way? That’s going to tell you what the replacement behavior should be. So if a behavior … if a child is rolling around on the floor holding his stomach because he’s in stomach pain, then the replacement behavior is a verbal request of some kind, or some kind of request that’s not rolling around the floor and screaming and yelling, and asking to go to the nurse’s office.

But, if they’re rolling around on the floor, because they just don’t want to do the work, well, how you react to that is going to be very different from the kid who really does have a stomach problem and needs to go to the nurse’s office. And so, it depends on what they’re trying to make happen. If they’re calling attention to the fact that they’re in pain, that’s quite a different thing than if they’re just throwing a fit because they don’t want to do the work. And so your reactive strategies are going to vary depending on the function of the behavior.

And you can’t determine the function of the behavior until you ascertain the consequence they’re trying to achieve by engaging in it in the first place. What you’ll find are individuals in the public education system who are used to using the term “consequences” to talk about what they’re going to do to you if you don’t act right. That is a punishment model; it’s very punitive; it’s very authoritarian. And it’s not about teaching anybody anything. It’s just about throwing your weight around and showing them who’s boss, which, you know, do we really need one more asshole in the public schools?

That’s not how that’s supposed to be used. And if anybody’s doing that, then it’s highly inappropriate and it does not conform with the science and, therefore, does not conform with the law. So explaining those distinctions, I think, is really important here. “Consequence” does not mean “reactive strategy.” It’s not what you do as a staff person in response to the behavior; it’s the outcome the individual is trying to achieve.

So based on that, I mean, have you seen this in your child’s IEP, if your child has a behavior intervention plan, or has had one in the past? Does this sound familiar at all to you?

So let’s look at an example, because I think that that actually can be really helpful.

Okay, so here’s what I want you to look at. In this document at the very, very top, it says, “[Student] is [sic] very compliant and pleasant young man. [Student] is not currently displaying behaviors that are interfering with others [sic] learning.” So here we are with this behavior plan and, first of all that, you know, when we’re talking about an operational definition, why would you have a positive behavior intervention plan for a student who is not currently displaying behaviors that are interfering with others learning? That’s not the point.

The point of any behavior intervention plan is to address behaviors that interfere with anybody’s learning, and here the student’s behaviors are being off task and not engaging in the instruction. How that doesn’t interfere with learning is beyond me. And, while it’s true that other people’s learning may not have been disrupted by him staring off into space, that doesn’t mean that it wasn’t because that can be distracting when you got a neighbor who’s, you know, rubbernecking as he’s sitting right next to you, and you’re trying to focus. But, more to the point, it was his learning that was being disrupted. And that was the whole point of all of this.

So here we have, you know, some really vague descriptions of what exactly is going on with him and how it affects him. And the reality is his behaviors didn’t disrupt other people because he has a 1:1 aide who’s sitting in there making sure they don’t. And so again, they’re trying to treat the reactive strategies … the ameliorating effects of the mitigating strategies they’re using to somehow negate the fact that he has behavior challenges. He does have behaviors; that’s why he has an aide. What is this person doing with him that makes learning accessible to him, and prevents him from being disruptive to other people? And this document didn’t capture that.

The thing to notice here, too, is that there’s nothing listed with respect to consequences. The box there says, “Describe: Include antecedent/consequences as appropriate.” We have some information that describes when the behavior happens, or the conditions that sort of gives us a clue as to antecedents, but there’s nothing here listed with respect to consequences. And we had to fight tooth and nail to get the district’s BCBA to apply Applied Behavioral Analysis, and, even still, this was’t it. This was just a terrible document.

And so what you see here is not just the document itself, but also our feedback on behalf of the parent as to what it was going to take to fix it and make it right. We ultimately did get that resolved, but when you are being given IEP content as a parent, and they’re requesting your signature to authorize it, and, you know, you’re supposed to be signing off on this as somehow was beneficial to your child, and you consent to it, if what they’re giving you isn’t even sensible, it doesn’t make a lick of sense, and it’s not scientific, you shouldn’t be agreeing to it.

And, in California, which is one of a number of consent states where parent parental consent is required to even so much has change an IEP, much less, you know, authorize it for implementation, this is something where a parent can come back and say, like, “I’m not going to agree to this. This doesn’t even make any sense. Here’s what’s wrong with it, and here’s what you need to do to fix it.”

And so, this goes just to the point that you can’t automatically trust that the documents being prepared say what they need to say, even if the people who are preparing them have all these fancy degrees and credentials that supposedly make them experts. Again, this piece of garbage was written by someone with a BCBA. This person was board certified to apply the science of Applied Behavioral Analysis to the design and delivery of IEPs for special education students in conformity with 34 CFR Section 300.320(a)(4), and this is the crap we got.

Knowing that, you can’t just automatically go in and trust that these people are going to give you expert advice or guidance, or conform with the science that their expertise supposedly makes them experts in. You have to be very critical as a parent, that, you know, if you’re going to … if they’re going to do this, they need to be doing it in conformity with the law, which requires them to do it in conformity with the science. And so it’s as simple as that.

And yet, if you as a parent don’t know what the science is, much less what the laws are … and you’re the one responsible for enforcing the law, unfortunately, because that’s the way the law is written … it becomes your burden as a parent to learn these things so you can protect your child, as unfair as that is. This is a circumstance we currently find ourselves in and until the IDEA gets reauthorized in a way that makes parents not the only entity responsible for enforcement, this is the boat we’re in.

So, it’s not enough that they use the right form. That may be procedurally compliant, up to a point, ut it’s not substantively compliant because it doesn’t give the child what the child actually needs. As a parent, just because you see things coming across on official forms and letterhead, don’t automatically assume that they say what they need to say. That … you need to be able to go in and actually dig into the document … the language of the document … and make sure that it actually gives your child what it’s supposed to.

And so hopefully, that helps you understand this issue and what “consequence” means in terms of Applied Behavioral Analysis versus a disciplinary model of behavioral intervention. As you’re pushing for your child to get appropriate interventions in school through the IEP process, you make sure that you’re using the right language and you’re asking for the right things. And, you know, when somebody is blowing smoke, and you’re able to call them on it … in, of course, as dignified and respectful way as possible. But, you know, you’re not obligated to take a bunch of guff off of these people either.

So, hopefully that’s been helpful and we look forward to seeing you in our next Quick-Fix video. If this was helpful, please like, share … if you haven’t already, subscribe to our videos here on YouTube. And, if you want to be able to access this video after it expires off of YouTube, it will live on forever ad-free on our Patreon channel, which I’ll have links to everything below. So again, thanks so much for watching, and we look forward to seeing you again in a future video.

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With more than 30 years of field experience advocating for children with special needs, designing and evaluating individualized educational programs, supporting attorneys in special education and disability-related complaints and litigation, and filing complaints with state and federal regulators, Anne has insight into the technical requirements, evidence-based practices, and public education agency politics.

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Recent Uptick in Behavioral Challenges

Now that the Fall 2021 half of the regular school year has come to an end and all the students on my caseload are on Winter Break, I’m taking advantage of the break from back-to-back Individualized Education Program (IEP) meetings to reflect on the most serious issues I’ve had to deal with so far during this first half of the current school year.

While I’ve had to deal with a lot of different challenges, it is the impact that the lack of appropriate services during shutdown, from March of 2020 to August or September of 2021, that has hit hardest. It’s been the absolute most hardest on my students with intensive behavioral services in their IEPs who have suffered the most regression and lost educational benefits. School districts all over Southern California, and likely elsewhere throughout the State and beyond, refused to provide in-person services to children on IEPs who required them in order to continue learning during shutdown.

This was in spite of explicit changes to State law that mandated in-person services for those special education students who needed it and compensatory education for any special education students who lost educational benefits during shutdown. Not only were in-person services denied, compensatory services are still being denied as school districts act like their students’ regression has nothing to do with the fact that the districts failed to provide in-person services to these children during shutdown.

What was done instead? Aides employed originally to provide direct, in-person support to these students in the classroom setting were put on Zoom, Google Meets, Microsoft Teams, or whatever else platform their employers were using for distance learning as remote participants. How in the Hell an aide on Zoom was supposed to provide the supports necessary to facilitate the student’s participation in online learning via Zoom was anyone’s guess. It consistently failed to work.

Further, even though the new laws clearly made it an option, only one of my students’ districts hired a non-public agency (NPA) to provide in-person behavioral support services in the student’s home during distance learning so the student’s behaviors could not be permitted to allow him to escape/avoid the instruction. Instead, they rewarded his participation and prompted him to return to task when his attention wandered, so he was able to make excellent academic progress during distance learning.

What he wasn’t able to work on was his social skills with peers and adults in normal everyday settings. When he returned to on-campus learning, his classroom behaviors became increasingly challenging and the behaviors of the other students in the class became escalated in response. It eventually got so bad that the other students in his non-public school (NPS) classroom assaulted his NPA behavior aide because they blamed her for keeping him in their class. He triggered them that badly.

We ultimately changed his placement right before Winter Break started and a due process case for the involved district’s utter failure to offer or deliver a Free and Appropriate Public Education (FAPE) for the last two years is now pending. Settlement is entirely possible, which I can’t discuss in detail, and the IEP team has come up with a strategy to hopefully salvage his education for the moment, but this is a student who is able to meet academic standards in spite of his grossly impaired social skills.

Our concern is that he will graduate with a diploma and get arrested the next day for acting out in public. His behavioral needs have been exacerbated by shutdown because he didn’t get any instruction or practice in behaving in socially appropriate ways when in-person with peers or adults at school. In part, this was because the NPS he had attended had a “philosophy” that failed to conform with the evidence-based scientifically valid practices of the NPA that was providing his behavioral interventions.

As such, NPS staff regularly failed to abide by the Behavioral Intervention Plan (BIP) in the student’s IEP, much to the frustration of the NPA experts who had designed it and much to the danger of the Behavioral Intervention Implementation (BII) staff who was assaulted by my student’s classmates because he made them so upset. Rather than work collaboratively with the experts hired to address his behaviors using methods proven to work by science, the NPS staff would engage in ad hoc interventions based on whatever ideas popped into their science-denying minds in the given moment, none of which worked.

Most of the students in the NPS had mental and emotional health needs, many of which arising from past trauma, but our student had autism and just didn’t know how to read the room. It was dubious as an appropriate placement from the outset, but the ecological factors of the on-campus setting weren’t a problem during distance learning.

It wasn’t until our student, who not only has autism, but also ADHD, started attending on-campus, which required him to be in transport between home and school for a total of five hours per day, and then attempt to behave in a socially appropriate manner among other students with serious mental and emotional health needs, that things really fell apart. He might as well have been put into a rocking chair in a room full of long-tailed cats.

The harm was inevitable. And, as always, he’s being blamed and vilified while no one from his school district offers something appropriate to his needs. We’re hoping the interim placement he has for now will benefit him more than where he’s been, but it’s still less than ideal. It may take a judge to figure it all out.

I’ve had two other students on my caseload face expulsion just within the last few weeks. One student’s case just recently settled after the involved school district attempted to assert that behaviors that were clearly associated with the student’s disabilities somehow magically were not, during a Manifestation Determination (MD) IEP meeting.

The only way for a parent to appeal an MD IEP meeting outcome is to file for due process. Because the student is facing expulsion, the hearing is automatically expedited. This gives parents very little time to prepare for hearing, much less find adequate representation.

I was able to refer this family to an attorney right away who was able to handle the MD appeal via due process. We were lucky to find a really good attorney who could take the case right away and handle it. Most of my attorney colleagues are overwhelmed with the volume of cases they are getting, right now. The violations are everywhere, evidently, and this failure to provide in-person services during shutdown when they truly were needed seems to be a recurring theme.

This case settled because we were able to move quickly through the process and find a good attorney who could handle going to an expedited hearing if necessary or otherwise negotiate an appropriate settlement. Not everybody is having that same experience, these days. This family was lucky. The violations in this student’s case were pretty egregious and the attorney was able to convince the involved school district that it wasn’t worth going to hearing.

My other student facing expulsion still awaits a decision from school site administration as to whether the principal should just let the IEP team effect a change in placement for special education reasons rather than subject this student to expulsion proceedings. Again, the involved school district tried to claim that the student’s disability had nothing to do with the behaviors, which was simply ridiculous.

The student already had behavioral interventions built into his IEP to address the very kinds of behaviors for which he was in trouble. He had a history of escalating to the most outlandish behaviors he could think of to come right up to the line and just barely cross it enough to get himself kicked out of school to avoid the instruction. He hated it that much.

He had transitioned to his current placement in a Special Day Class (SDC) for special education students with behavioral challenges from a special school where all the students had behavioral challenges at the start of the 2019-20 school year and had been largely successful for most of that school year, until the shutdown started in March 2020. During that time, his targeted behaviors of work refusals and avoiding the classroom setting altogether were entirely reinforced by being stuck at home on the computer while the aides from his SDC were also in their own homes using their district’s online meeting platform.

There was no one in his home trained in the interventions that were necessary to compel his compliance with teacher directions. There was no one who could make him even login. He had a baby sister at home and his mother was not about to have him triggered into angry outbursts in the home by trying to convince him to participate in the instruction with a baby in the house. Further, his mother was medically fragile and required multiple surgeries throughout the shutdown and afterwards. She was in no position to handle the angry outburst of a frustrated teenager with no impulse control due to ADHD struggling with the work because of a co-morbid learning disability.

We have a complaint pending before one of his school district’s regulatory agencies in response to its mishandling of his behavioral needs to date. He is now pending expulsion for a behavior we’re fairly convinced he engaged in so as to be kicked out of school. We don’t believe he ever had any intent to hurt anyone, but he did enough wrong for someone who doesn’t understand the function of his behaviors to think he might pose a credible threat. Law enforcement determined he posed no threat. It appears that district personnel may have exaggerated the severity of the behavior on purpose to justify expulsion.

All that said, the expulsion case may be dismissed if the district agrees to simply let the IEP team refer this student back to his previous placement at the special school. It was successful in preparing him for his transition to a comprehensive high school placement before shutdown; it should be able to return him to that state and help him transition back, again, with success. We also have a ton of new assessments pending to figure out what the most appropriate IEP for him should be, going forward.

This situation may deescalate before it has time to turn into a full kerfuffle. If we can all just agree to work together to address this student’s serious behavioral regression through the IEP process and avoid the expulsion process altogether, particularly given that this district is being looked at very closely by one of its regulators right now for failing to adequately support this student thus far, already, we can implement a solution that will eliminate the parent’s need to pursue accountability.

The goal isn’t to nail the school district’s hide to the wall; the goal is to get the student appropriately served as quickly as possible. Nailing hides to walls should only take place if it’s absolutely necessary to get a student appropriately served as quickly as possible. It’s a last resort option.

I have yet another student whose case is pending settlement, hopefully. It would be foolish on the part of his school district to allow it to go to hearing. I can’t discuss much about it while it’s pending settlement, but suffice it to say his school district totally blew it by failing to provide in-person behavioral services and supports during shutdown.

He has a host of learning challenges including partial vision loss, severe autism, intellectual disability, a seizure disorder, extremely limited communication skills, and self-injurious behaviors that frequently result in property damage in his home. His windows now have Plexiglas® panes and the dry wall in his home has been replaced so often, his family has lost count. He has made frequent trips to the emergency room and urgent care for medical treatment after hurting himself during an outburst. He has hurt his petite mother by accident.

He’s now a young adult who is still eligible for special education and he’s had these behavioral challenges his entire life. He’s been a student of the same school district his entire public education career. It’s not like they don’t know what he needs. Before shutdown, he received intensive 1:1 and 2:1 behavioral supports throughout the school day to keep him safe and engaged in the instruction. He got none of that at home during shutdown.

His mother was left to be his 1:1 aide support during distance learning over a computer while his actual aide support staff stared back at him from the screen from their own homes. He was immediately triggered into violent outbursts because he didn’t understand why he wasn’t at school with these people instead of looking at them on a computer screen. His participation in distance learning had to stop immediately for his own safety and that of his mother. It’s been a struggle ever since to get an offer of appropriate services in his IEP as a prospective matter of FAPE, much less with respect to all of the compensatory remedies he’s due.

This student’s case has been referred to a different attorney than the one mentioned above, but also an amazingly talented and smart one. Because settlement terms are still being discussed, I can’t speak much further to the matter, but I think the point is made that this is happening way too much. We’ve got too many kids who didn’t get what they needed during shutdown who are now owed compensatory remedies and they have until March 2022 to file for due process on their claims.

Special education attorneys who represent families are working at capacity with respect to their caseloads. That said, there have now been enough cases litigated and settled since the increase in claims began that openings are starting to come on many caseloads. Others are bogged down by appeals, which are largely occurring in the federal District Courts.

Some attorneys are having an easier time these days than others, just depending on whether they get good judges at the due process level, or have to work the appeals system before they get to someone willing to take the time to really listen to the arguments and examine the evidence relative to the rule of law and applicable science. That’s always the chance that attorneys take with these cases, and it’s not fun to work the appeals, I promise you.

I’ve provided paralegal support on cases all the way up to the 9th Circuit Court of Appeals, and there is nothing more tedious than a Table of Uncontroverted Facts, because there are always facts that become controverted between the parties. The back-and-forth between the parties about what facts were agreed to, which ones were disputed, and all the references to the evidence and testimony on the existing record from the original due process case and previous appeal to the District Court that supposedly supported each party’s asserted facts, became one of the most exhausting exercises I’ve ever engaged in as professional. I have ADHD – Inattentive Type, myself, so trust me when I say it was grueling.

Litigation should always be the very last resort to solving a special education problem, but these days it’s been necessary. For those of you finding yourselves in similar circumstances, I’d like to share a decision from the California Office of Administrative Hearings (OAH).

I downloaded the PDF of this decision just in case it ever gets taken down in the future, and have uploaded it to our site. Click here to download the PDF of this due process decision from California in which the Administrative Law Judge (ALJ) found in favor of a student who was deprived of educationally necessary in-person behavior services during shutdown, if the link to the OAH site doesn’t work. In this case, the ALJ ordered compensatory services as remedies to the student.

If this decision can help you argue for resolution to your own child’s lost educational benefits during shutdown, whether via due process or just a sensible discussion with your school district’s representatives, it will have served its purpose as a persuasive authority on the subject. If you find it necessary to hire an attorney to file for due process over shutdown-related deprivation of educational benefits, be sure to share this authority with your attorney. They may have very well already seen it, but if you can relate the facts of your own child’s case to the facts of this due process case linked to here, you will help bring your attorney up to speed regarding your child’s claims, so you can timely file your case before March 2022.

You may also choose to use this decision to support your arguments as you advocate for your own child in the IEP process as a parent. If you share this decision with your school district’s IEP team members and relate the facts of your child’s situation to the similar facts in this due process case, presuming your child’s case follows a similar pattern of a denial of behavioral services from his/her IEP during shutdown, your school district may be compelled to work with you rather than have you lawyer up and then have to deal with the costs of a legal action.

Parents’ attorneys’ fees and costs can be recovered from the offending school districts as a condition of settlement or upon prevailing in due process or appeal. School districts are smart to work things out through Informal Dispute Resolution (IDR) Agreements or Confidential Settlement Agreements, if they can. The costs of due process and any subsequent litigation are far too great for taxpayers to fund when those dollars could be spent on educating children, instead. Spending education dollars on fights over the deprivation of educational benefits just adds insult to injury, honestly.

The evidence is increasingly making clear that far-right politics have way too much influence on public education at various levels of government, from local to state to federal education agencies. This is how public service was infiltrated at its weakest point. Extremists would get elected by an uniformed or misinformed electorate, then hire their cronies to work for them within their agencies, undermining the efficacy of local government while mishandling the finances in order to “prove” that government doesn’t work while arguing for increased local control and reduced regulatory oversight.

Then they pay themselves more than they’d ever earn in the private sector where job performance matters as they slash resources to those expected to actually deliver on the agency’s mandates who work beneath them. This is the climate in which special education violations occur. This is why public agencies defy the regulations to the detriment to some of our most vulnerable children, many of whom coming from low-income households whose parents are often at a loss as to how to fight back. Most parents won’t do anything because they don’t know what to do and don’t realize how badly their children are being hurt in the long run.

If you are a parent whose child did not get appropriate services during shutdown, and who has regressed and may require compensatory services to be brought back to where he/she should be in school, right now, you’re not alone. Whether you negotiate resolution on your own with you local education agency or hire someone to help you, know that many other parents have already started to fight this same fight before you, and some really helpful decisions are coming out of the various venues that can help bolster the arguments you and/or your representatives make on behalf of your child.

I hope this helps you put your own child’s situation into perspective and gives you some ideas on how to go forward in the most constructive and least adversarial way possible. I can only imagine the other families’ stories that out there similar to the ones I’ve described and the case captured by the decision linked to above. All of you are in my heart and I’m praying for you all.

#specialeducation #disabilityrights #disabilities #childrenwithspecialneeds #positivebehavioralinterventions #positivebehavioralsupports #appliedbehavioralanalysis #evidencebased #evidencebasedpractice #regulatorycompliance #compensatoryeducation

An Appeal to My Colleagues

I have a million other things I need to be doing right now, but this is one of those moments where if I don’t stop and purge these thoughts from my mind into print, they will torment and distract me until I do, so the sooner I finish this post, the sooner I can get back to work without continued torment and distraction. I wasn’t intending to post, right now, because my caseload is blowing up and my other endeavor, The Learn & Grow Educational Series, is starting to require more of my attention lately as it continues to experience its own growth and expansion. My plate is full, but it’s the reasons why it’s full that prompt me to stop what I’m doing and post this today.

In the course of analyzing the incoming bombardment of data that is my life, I’m seeing the connections between the specific issues I’ve chosen to take on with my professional skills and the turmoil being experienced by the world at large, right now. I’m seeing common allies and culprits across issues, and recurring themes and trends that can be generalized from the work I specifically do to the work that needs to be done overall to cure the defects of reparable systems, and overhaul and replace systems that no longer serve us.

Today’s post is an appeal to my colleagues to think beyond the bubbles and silos in which you may exist as professionals and recognize the need for your respective skills to contribute to much larger solutions on a much simpler scale. Capable, ethical, and responsible people each making what contributions they can along they way, just in the course of doing what they were already going to do, can reshape society into a healthier version of itself. We need to see our everyday activities as substantial contributions to the world that exists around us and appreciate that every little decision we make really does matter. If enough of us are thinking right and making the smart, ethical, and responsible decisions, we can help influence those around us who are less capable, thereby loving our neighbors as ourselves and being our brothers’ keepers when necessary.

We each help make the world we live in be what it is through our individual actions with each other. Those actions and their outcomes become woven together into complex relationships that evolve into established systems supported by nothing but learned behaviors. We don’t do them because that’s the way things work; the reason why that’s the way things work is because that’s the way we do them. That being the case, we have every reason in the world to believe that enough smart, ethical, altruistic people can facilitate healing throughout society to a more powerful degree than a minority of fear-based thinking, hate-mongering cowards can try to destroy it. It comes down to mindfulness and living a life of purpose that serves the common good while also serving oneself and one’s immediate loved ones in healthy and constructive ways.

One of my favorite theorists from human development research is Urie Bronfenbrenner. The lame graphic below is one I created in graduate school so as to avoid a copyright infringement by grabbing someone’s more professional graphic off the internet, but it illustrates the model. Follow the above link for more information about Bronfenbrenner’s model, if you’re not already familiar with it or need to brush up on it. It’s quite sobering in light of current world events.

Bronfenbrenner realized that, while nature had a certain degree of influence on the raw materials with which each person started out in life, it was the environment in which that person was raised relative to those raw materials that dictated the unique development of that individual person. No two people who have ever existed, exist now, or will exist in the future will ever be entirely identical to each other because, regardless of genetics, actual life experiences that shape people through learning are never identical from one person to the next.

Genetics provide for a whole lot of variability, but they’re still technically finite in spite of their vastness. Environments are ever-changing; they must be adapted-to in the moment via individuals’ behaviors and over time via genetic mutation of the species.

For those of you among my colleagues in special education and related fields who are expected to individualize programming according to the unique needs of each constituent served, this shouldn’t be a leap of logic for you. For people unfamiliar with what it takes to truly individualize something for another person, particularly another person with diminished capacity to communicate their needs, it might as well be alchemy or voodoo.

The bottom line is that everybody thinks differently and has relative strengths and weaknesses. You can’t assume that just because it’s obvious to you, it’s obvious to everyone else. But, you also can’t assume that just because it doesn’t make sense to you, it doesn’t make sense to anyone else, either. The sword of understanding cuts both ways for each of us.

We’re each good at some things and not so good at others; that’s normal. Some people, however, are not so good at recognizing when they’re not so good at something. This goes to another body of psychological science, the Dunning-Kruger Effect, but that’s a whole discussion unto itself that I’ll link to but not delve into, right now. One lay person’s less-than-kind distillation of it, once it was explained to them, was, “So, basically, dumb people are too dumb to know that they’re dumb.”

The point is that those of us who get it have to carry the weight of those who don’t and/or can’t. It’s the opposite of authoritarianism, which demands the compliance of coerced individuals; what is called for, here, is the responsible stewardship of public service agencies to actually serve the public according to their mandates in conformity with the professional ethical standards of their involved professional disciplines.

For those of us supporting the needs of individuals with disabilities, we understand that the situation sometimes requires helping people exercise their informed choices as independently as possible. Other times, our responsibilities require us to protect the rights of those who are incapable of making fully informed choices without our help and are otherwise helpless and vulnerable to exploitation. We understand this better than most people and we need to recognize that we are collectively unique as a result. It’s not that big of a stretch between the issues of conservatorship abuse and voter suppression and nullification laws.

A whole lot of science in the areas of psychology, sociology, communication, behavior, instruction, organizational planning, leadership, and related disciplines has been conducted over the last 100 years. Many of us have access to that research but don’t make the time to follow it. I encourage every one of my professional colleagues to create a saved search for a specific body of peer-reviewed research and, whenever you are able to grab a free moment, take the time to run the search and read something new from the science that tells you something you didn’t already know, then think about ways to incorporate it into what you are doing in your work and follow through on applying them.

What small change in a routine task can you make that applies the knowledge you’ve gained for the better? Over time, how much better will things incrementally get with each little new thing you tweak after reading from your saved search? Is it a relevant authority to something you are currently writing? Does it help you better understand how to individualize a particular constituent’s goals and services? Is there another colleague who you think might benefit from the information with whom you can share it? Can you share your thoughts about it on LinkedIn and/or other professional online platforms in a constructive way?

Nothing exists in a vacuum. The more we recognize and honor the logical connections among our respective professions and how the science applies to out constituents and their service needs, the more we realize that Bronfenbrenner was right.

J. V. Wertsch, who worked with Bronfenbrenner, states in his 2005 review of Bronfenbrenner’s book, Making Human Beings Human,”Starting with the assumption that ‘to a greater extent than for any other species, human beings create the environments that shape the course of human development’ (p. xxvii), Urie has argued that it is incumbent on all of us to create decent, nurturing environments for human development.” [Emphasis added.] In my opinion, that’s something we have yet as a species to do; ants do a far better job of this than we do.

Unfortunately, because we still are not proactively applying Bronfenbrenner’s science as an ongoing element of how our society functions, we still do not love our neighbors just as we love ourselves and we are not our brothers’ keepers when our brothers go astray. We blame and punish people for having weak minds rather than remediate the effects of their shortcomings. As a species, humans generally treat their abilities as unfair advantages and use them to exploit others. They should be humbled by the responsibilities that come with their gifts and use them prudently with good intent, but in the absence of informed, deliberate planning, what has naturally been allowed to come to fruition is a society that rewards abuses of the rules more richly than compliance with them.

Those of us trying to facilitate functional independence among our most vulnerable children and adults know all too well that there aren’t enough of us with the necessary expertise to change the maladaptive behaviors in every bad situation that is collectively poisoning society, right now. The most we can do is the most we can do in our respective situations. We have to hope people will start copying our strategies that work when they see our successes. We need to start generalizing our successes into other areas where the same degree of expertise is not available, just as a matter of making sure our democracy thrives and functions as it should according to what can be proven true and responsibly effective for everybody.

Further, we as a society have historically regarded those individuals on the cusp between “can’t” and “could with learning” as an acceptable shade of gray on the spectrum of social involvement, but now they have become an outspoken and increasingly violent minority of individuals who cannot successfully function with independence in the quickly evolving world. They don’t know how to adapt but they can still wreak havoc on their way down the tubes.

The only difference between “can’t” and “could with learning” is the provision of instruction. The outcomes of both are the same if no instruction is made available; there has to be the “with learning” part in order for the choices of the person who can learn to differ from the choices of the person who can’t.

The problems we are seeing in the world today from misinformation being spread on the internet goes to the degree to which many internet users have no idea how search engines and social media algorithms indulge subjective biases and feed them whatever will increase their engagement without regard for how those choices impact the individual user or society on the whole. When all of our individual choices put together collectively shape the fabric of society, an artificial intelligence that only reinforces user engagement with neutral disregard for the quality or nature of that engagement will, by design, radicalize the most violent of the weakest minds into acts of terrorism. It weaponizes a previously harmless sub-population by turning them against us in irrational, violent ways and selling them the products to do it.

At the end of the day, humans are again proven to be part of nature and not something separate from it. The natural consequences of poor choices eventually catch up to people, one way or another. Sometimes other, innocent people become collateral damage along the way, and its in the interest of minimizing those numbers now and ultimately eliminating them as soon as possible that those of us who already work in professions helping people with disabilities need to generalize our skills into other aspects of human need where possible. What those of us working with individuals challenged by mental health issues already know can be imperative to addressing domestic terrorism.

As an example of generalizing one’s skills beyond one’s professional area of focus, while I still represent students with disabilities and consult with their parents as a lay advocate, provide paralegal support to attorneys representing students with disabilities in various legal proceedings, and design and implement compensatory programs for individuals with disabilities who were wrongfully denied services by publicly funded agencies, I also created something else using my knowledge and skills.

I created the Learn & Grow Educational Series to address food insecurity and sustainable living issues. The science of instruction is also the science of marketing, and social media can be used just as effectively to push learning as it can be used to push sales. In many cases, content creators push both, with the sales funding the instructional content and the instructional content driving the sales in a synergistic way; if it were organic, it would be considered symbiotic. The science I rely upon to determine appropriate educational goals and services for my learners with special needs is the same science I rely upon each time I create a new Learn & Grow learning experience for my online and in-person learners.

Through Learn & Grow, I’m able to teach people everywhere how to grow their own fresh fruits and vegetables anywhere using free and/or inexpensive materials, even if they have no open ground for growing. I use evidence-based instructional practices to teach them how to make self-watering containers from buckets for patio, balcony, fire escape, and rooftop gardening.

These containers are water conservative, using as little as one-tenth the amount of water of in-ground growing, and self-regulating, meaning the soil is never too wet or too dry so long as the reservoir beneath it doesn’t run dry. These containers are portable, meaning renters can take their gardens with them when they move. I’ve moved my own garden five times since I first started it in June of 2013, and the goji berry thicket I started from seeds when I first started the garden is still going strong in its original container, giving me two crops of berries per year.

The design of these containers is totally open-source, public domain knowledge. What is unique to Learn & Grow is the body of evidence-based instruction and project ideas using this gardening method that I provide in person and which lives online through Learn & Grow’s website, Facebook page, Instagram account, and video channels on YouTube: Food for Thought and Learn & Grow with Emmalyn. This is where I was able to apply my skills normally used in special education and disability resources to address other types of challenges the world is currently facing, specifically food insecurity and climate change. In October 2020, I expanded the Learn & Grow curriculum to include sustainable living methods, starting with alternative energy sources and gray water recapturing.

I’ve most recently started conducting online Meetups using Zoom and Prezi for urban gardeners in the greater Los Angeles area who can benefit from Learn & Grow’s instruction regarding self-watering bucket gardens. Without any marketing, my online classes are getting bookings and my Meetup group continues to grow in membership. Once I start marketing it, I expect to reach a larger number of learners who want to be able to grow their own food in their apartments, condos, mobile home parks, and other limited growing environments. This is an adaptation to their environments I can help them make, a lá Bronfenbrenner, to create a greater quality of life using sustainable means in a very healthy way. If they get their buckets used from local restaurants or bakeries, they keep that plastic out of landfills and reuse it for something entirely purposeful.

For me, achieving increased food security, recycling, water conservation, and portability with a single solution is too good of a thing not to share. It’s not directly related to publicly funded services for individuals with disabilities, but it relies upon the same sciences to be successful. I can generalize what I already know from what I’ve been doing professionally for the last 30 years to tackle an entirely different area of need, and it’s not that hard. It’s not any harder than representing a child with special needs in a federal complaint or supporting a child’s attorney in due process, and I can do those things.

Plus, I’m taking advantage of online tools to automate as much of my Learn & Grow content as possible, so the planning phase is followed by the scheduling phase which is then followed by an automated implementation stage that frees me up for months to years at a time to focus on other things, like the individuals on my caseload. I can drip instruction just as easily as I can drip marketing messages using the same online tools.

I also recently rejoined my local Kiwanis club, which is a community service organization. I’m helping the club use Learn & Grow to provide self-watering bucket gardens to community-based programs, like adult day cares and preschools, as well food insecure individuals through local food pantries, hunger relief programs, and shelters. I’m able to address food insecurity through a more direct means by partnering with my local Kiwanis club, which has ample volunteers and existing trusted business partners willing to invest in the right community service projects with their donations. This is a win-win-win for all involved, and it only happened because I went outside of my normal professional duties to tackle another social issue in ways that only someone with my unique skill set could.

All of us have skills and expertise that can be generalized to another problem in the world other than the one about which you spend most of your time thinking. I promise you that finding some other way to express yourself and apply your skills to something hugely constructive towards making the world a better place will open your mind in ways that makes you a better thinker back on your regular job and give you a healthier outlook on life.

Food shortages and economic collapse were the unknowns I most feared back when I started Learn & Grow in 2013. That was only made more real when Learn & Grow was discovered by panicked Venezuelans in 2016 when their country’s economy collapsed and their government subsidized food supply collapsed along with it, leaving them with no food in their stores and no more coming any time soon. I’m not afraid of that, now. My garden has grown to sixty-one self-watering containers and I have four laying hens who give me eggs throughout the year. Come what may, I’ll be okay for food.

The shortages in the stores at the start of the pandemic and the supply chain shortages happening right now have only been slight inconveniences compared to what could happen if the whole supply chain were to collapse altogether. Most people have become dependent upon it, and that’s dangerously unhealthy. If the commercialized food supply collapsed tomorrow, what situation would you be in?

As much as I live and breath special education and disability resource science and law, I can’t have figured out a way to dodge the bullet of a collapse of our commercialized food supply, have the ability to teach people according to their individual capacities to learn, and not use my skills to teach other people what I’ve figured out to survive a very dire time of food insecurity in this country. And, I know I can’t be the only one.

I know there are others of you out there who see issues with social justice, public health, climate change, domestic terrorism, and/or the ongoing threats to our democracy that would benefit from your unique perspectives and skills. Something horrible happening in the world today has factors in common with a problem you’ve already solved. Your solution translates into something that can be generalized to solve other serious world problems. Don’t keep it to yourself.

I’m not special; I’m just specialized in my knowledge and skills, and they can be applied to more than one context. That doesn’t make me unique; it makes me a member of a unique sub-population of individuals with relevant skills.

You, my professional colleagues, can do something about society’s ills today without it being political. Helping people everywhere grow their own food doesn’t take sides in anything. Everybody needs to eat. Food is a basic survival need no matter what somebody chooses to believe. Individual food security is a highly personal and universal topic with which every person can relate. So is access to clean drinking water, safety from violence, affordable housing, and a host of other issues begging for your expertise.

Most cultural disputes are about access to resources, and the United States is experiencing a cultural civil war, right now. It is fueled by misinformation meant to tear our country apart being published online by bad actors exploiting the capable hands of people with weaknesses of the mind who fear losing what they have to imaginary threats they believe to be real. People who can’t or won’t face their real problems will imagine things to be their absolute worst without confirming whether they actually are. They catastrophize things. It’s a symptom; it’s not healthy. It’s a feature of anxiety, which is always about lacking predictability. They cling to the familiar because they can’t predict anything else and their fear of the unknown is greater than any discomfort they may feel, if any, in their predictable routines.

People who can’t actually understand what is really going on have no sense of predictability about what is about to come. They will pin their expectations to what they want to happen next as opposed to what the facts dictate will happen next. They can’t follow an evidence-based thought process, so they substitute it with wishful thinking, but unrealistic expectations are just preconceived resentments. When things don’t turn out according to their wishes, they get mad at reality and insist that it bend to fit their fantasies rather than adjust their expectations according to what actually is. They don’t understand everything going on, so they can’t adjust their thinking according to all the relevant facts.

How can you, as a professional, interact with people who exist in this state without demeaning or condescending to them? Can you interact with them fully understanding that, like many of the individuals with disabilities we serve, these people are doing the best they can with what they have and they need our loving, responsible guidance to find their ways to the right side of things? If we just help them address their needs in more pro-social ways, they won’t feel compelled to attempt to meet them in anti-social ways. It’s basic ABA.

I’m asking my professional colleagues to please strongly consider using your knowledge and skills to address any of the many nonpartisan issues that are currently challenging the human species, right now, that are outside of your normal area of practice. See if there is a Kiwanis club in your local area that could use your help. Identify an unmet need in your local community and find out what is needed to address it, then find other people who have the necessary skills that you lack and start your own thing. Just find a way to contribute, even in a small way, to a nonpartisan issue in your community that isn’t currently getting enough attention.

The technology available to us today is a tool, but, like a hammer, it can build or kill depending on how it is used. I’m with Urie Bronfenbrenner on this one; we should use our knowledge and resources to make the world a place that meets everyone’s needs, rather than a place that meets the needs and wants of those who know how to exploit and take advantage of those who don’t. The tools now available for people to collaborate and get things done remotely, thanks in no small part to the necessities that arose with the pandemic, are phenomenally powerful and easy to use. The tools to create online content decrease in cost and become increasingly rich in features over time, and most people only need a few good features to make stellar content. Learn more about the ways you can participate in your citizenship in nonpartisan ways by studying the research on servant leadership.

If you find yourself in an environment in which acting in the short-term for immediate gain comes at the cost of considering the long-term consequences, and you can’t be a positive influence for more responsible thinking and planning, get out. You’re wasting your precious gifts on people who will never appreciate them and would use them to harmful ends if you let them. There are other places you can go where your gifts will be appreciated and put to proper use, where you can earn a decent living and live with yourself in peace. You just have to take the time to find it or create it. That’s not always easy, but it’s always worth it.

There is no way to memorize a script for every possible thing that could happen in the future in order to be prepared for if/when it happens. Nobody can remember that many scripts, much less predict every possible future in advance and develop a script for it before everything changes and new scripts are needed. Living a life that follows the same specific script in order to keep it predictable is a symptom, not an adaptive strategy. That’s not participation; it’s approximation. It’s parallel play.

The only way a collective of people can work together towards a common goal is to act according to common guiding principles. For example, if everyone helping with Learn & Grow agrees with and abides by the guiding principle of, “Make sure everyone can grow enough healthy food to survive, come what may,” whatever decisions they face along the way will come down to whether or not their choices facilitate everyone growing enough food for themselves, come what may. If you have a fixed outcome in mind, it’s the next best thing to having a script for every possible contingency. Having that fixed outcome limits the number of actions you can take, so it whittles down your choices to a more manageable list of alternatives. The more ethical conditions that have to be satisfied by the solution, the narrower the options, meaning the easier it is to decide.

What makes leadership and decision-making so overwhelming for most people is the sheer number of possibilities and figuring out which one makes the most sense. By using a consistent, agreed-to guiding principle as a “North Star” for decision-making, team members can be consistent among each other with their choices and actions towards achieving the common good. We don’t need a savior to swoop in and save us. We just need to be mindful of how our actions throughout the day shape the world around us and consciously choose actions that promote the things in the world we want to see based on what we’ve learned from all of our life experiences, including those most commonly associated with work, even if at only the tiniest level. It all adds up in the end, and every little positive contribution matters.

This is mindfulness meeting purposeful action, and I hope you’re inspired use your gifts to help in impactful, constructive ways that remind everyone you touch that we only get through these terrible times by working together. Because of your professional skills, you’re in a unique position to help humanity survive this time of upheaval and transition and thrive once the worst of it has passed. I look forward to seeing what truths each of you end up speaking to power over the next few years and appreciate the efforts of all of you who choose to contribute in ways you can towards a better tomorrow for everyone.

Getting Help with Post-Shutdown IEPs

Download a PDF of the written transcript of the audio from this video by clicking here.

In this video, Anne summarizes how the IEP process is supposed to work in the first place, then how that process applies to students with special needs in preparation for returning to school in the Fall 2021 semester following pandemic-related school closures.

Parents can get the information they need to successfully advocate on their own in many situations. If you are dealing with complex violations of the law and need extra help, Anne explains the types of services and referrals we provide to parents and colleagues to help solve these kinds of problems.

Don’t start next school year without a strategy! We’re here to help.

Copyright 2021, KPS4Parents

“Long COVID” Cognitive Impairments and Their Implications for the Special Education Community

Photo credit: Marco Verch

On July 22, 2021, The Lancet published an article by Adam Hampshire, et. al., in which the findings reported that COVID-19 causes long-term cognitive impairments among many of those who have been ill with it, particularly those who have been hospitalized with severe forms of the illness and those diagnosed with COVID-19 but not hospitalized. I won’t rehash the entire article here. Follow the link to read it for the details.

In today’s post/podcast, I’m summarizing the findings of this body of research and discussing their implications for the special education community. First, let’s look at what the cognitive impairments caused by COVID-19 can look like, and then we’ll talk about what this means for the special education community.

This research by Hampshire and his team specifically found: “[The] results [of this study] accord with reports of ‘Long Covid’ cognitive symptoms that persist into the early-chronic phase. They should act as a clarion call for further research with longitudinal and neuroimaging cohorts to plot recovery trajectories and identify the biological basis of cognitive deficits in SARS-COV-2 survivors.”

So, basically, there is evidence to support that if a person gets sick with COVID-19, they can experience cognitive impairments that last a long time, perhaps permanently, and further research is needed to understand the long-term consequences of millions of Americans having their cognitive functioning reduced by COVID-19. For our kids about to go back to in-person learning, the questions become about whether they will end up subjects in that research after getting COVID-19 and experiencing cognitive impairments, and what will be done to benefit them if they are affected in such a way.

The symptoms, specifically, were reported by Hampshire and his team as: “… colloquial reports of ‘brain fog,’ … low energy, problems concentrating, disorientation, and difficulty finding the right words.” Further, there is evidence that “… COVID-19 patients can develop a range of neurological complications including those arising from stroke, encephalopathies, inflammatory syndrome, microbleeds, and autoimmune responses,” any of which can cause brain damage or impairment.

As children face returning to school as the Delta Variant of COVID-19 rages through unvaccinated populations, including children under 12 who are not eligible for vaccination, all parents in their right mind are worried about their children getting sick. The risk of long-term cognitive impairment during the critical learning years of child development and/or permanent brain damage are now yet more reasons for parents to want to keep COVID-19 far, far away from their children.

The sad reality is that a lot of children in areas of the country with low vaccination rates, many of which are communities compromised by poverty and reduced access to resources in the first place, are going to get COVID-19, and a fair number of those that survive are going to experience cognitive impairments as a result. This means a whole new cohort of children entering special education who otherwise would not have required it, thereby increasing the special education burden of every local, state, and federal education agency.

For those children already on IEPs who get sick with COVID-19 only to be further cognitively impaired by it, we’re going to see changes in their present levels of performance that make their current IEPs no longer appropriate to all of their needs. They are likely to experience regression and an increased need for supports and services in their IEPs, meaning yet another increase in the burden on local, state, and federal education agencies.

This is, of course, preventable with appropriate safety measures. The problem is that we have some local and state leaders doing everything they can to spread the disease, banning mask mandates in our public schools, for Christ’s sake! We have millions of unvaccinated children expected to co-mingle in crowded spaces that will become super-spreader sites that induce cognitive impairments among the students who are there for the purpose of enhancing their cognitive abilities.

And, it’s the same conservative leaders who are pushing to ban mask mandates in schools who will refuse to fund their students’ special education services when they come back to school with cognitive impairments later on. Parents can fight together now to prevent their children from becoming cognitively impaired, or at least more impaired than they already are, by pushing for appropriate safety measures in our public schools, or a smaller but significant number of them can fight later on for special education services for their children who experience “Long COVID” and resulting neurological impairments.

Aside from the obvious lingering health problems that children who experience and survive COVID-19 can have, which will require ongoing care that parents previously weren’t having to provide, there are the added complications of learning problems that will require parents to exhaust themselves further to pursue. Special education was already falling grossly short of the mark, but we’re now in the process of creating the next large population to blaze a litigation trail across the judiciary with special education cases: COVID-related impairments.

As it stands, regardless of the symptoms, if a student who survives COVID-19 ends up with long-lasting health and/or cognitive problems that interfere with access to learning, the fact that it’s the result of COVID-19 could cause that student to meet criteria for “Other Health Impairment (OHI),” under special education law [34 CFR Sec. 300.8(a)(1)]. It’s not like a new eligibility category would need to be created.

The special education world went through similar chaos during the 1990s when Attention Deficit Hyperactivity Disorders (ADHDs) first became understood and widely recognized as an actual set of conditions. The University of California, Los Angeles (UCLA) ran a great big study on ADHDs. I remember attending a panel discussion by individuals who had participated in the study back in the day.

Back then, ChADD (Children with Attention Deficit Disorders, as it was known back then), was big on the advocacy scene while litigation went forward in the courts to determine if kids with ADHDs were eligible for special education. The ultimate outcome was that there didn’t need to be a separate eligibility category for ADHDs because they were captured by either the Specific Learning Disability (SLD) or OHI categories, depending on how each affected child experienced it.

Back in the early 1990s, I went to a speaking engagement at which the founder of ChADD, who was also one of the parents taking this landmark litigation forward, described the favorable outcomes the litigation had achieved, but also how awful it was to have to go through all of that and how vindicated his family felt in the end, particularly his child with ADHD.

I see the same thing happening here with kids who will be disabled by COVID-19 to such a marked degree that they require special education and related services in order to access education, and kids who already needed special education who will now become even more greatly compromised than they already were after surviving COVID-19. Plus, I see this happening the most in the states and locales least likely to protect their children against COVID-19, which are also the states and locales least likely to comply with special education law.

Far right politics have undermined the success of special education at the local and state levels since special education law was created. In fact, the laws that protect our children with special needs were created in response to these far right political efforts to deny them access to education. The situation has literally become life with permanent disability or death for far too many of our children, and still the public scrutiny on the right wing fuckery that goes on in public education has not become intense enough to change the broken system.

How much more broken will the system become when it has killed a percentage of its students and permanently disabled yet another percentage who will now require special education when they didn’t before or who will now need more intensive special education above and beyond what they were previously getting? At what point in the future will all of the associated costs created by neglecting our kids now finally matter enough for the tax-fattened hyenas that are undermining public education from within to realize it’s in their best political interests to actually protect and educate their students?

Political extremism in any form will derail the most sensibly created system, but public education was not sensibly created for the present times and the political extremism has always been part of it. Many have the misconception that public education stopped serving as an arm of the Patriarchy once it became a female-dominated profession. But, there is nothing professional about a bunch of “Karens” sitting around a table passing judgment over a single, low-income mom of color with a kid who has a mental health disorder and related behavior problems instead of helping her and her child.

Thankfully, the field is changing and we have more scientifically-minded people entering special education, but there are still a lot of the old cronies hanging in there for as long as they can before grabbing their pensions and running off into the sunset, leaving all kinds of poorly educated, if not traumatized, children in their wake. This country is going to through a reckoning in which ethics and the rule of law are at the heart and soul of it all. Ethics and the rule of law have always been the heart and soul of special education disputes, and I can only see what is happening on the national level as an expansion of what I’ve been fighting for the last 30 years.

The thing that also is getting lost in this debate is the impact of “Long COVID” on teachers, specialists, and administrators. How does inducing cognitive impairment among a public education agency’s personnel serve the public good? How is that an appropriate employment practice for any employer? Why are we willing to impair the minds meant to sharpen the minds of our children? How is this self-preservation as a species?

As a tough old broad who has already seen the kinds of bullshit these people can pull, and given how much bullshit the American public is starting to realize can happen within our supposedly democratic government based on what is now coming out about the 45th President’s attempted soft coup d’etat following the 2020 election, I don’t think I’m being hyperbolic or alarmist when I point out the travesty we’re creating for ourselves in increased special education expenditures by failing to prevent childhood cognitive impairments as a result of “Long COVID.” I’m hoping this message isn’t falling on deaf ears.

Using ABA Principles to Navigate the IEP Process

Photo credit: Joe Loong

One of the things I’ve been trying to get across to people for years is the understanding that Applied Behavioral Analysis (ABA) is a science, not a special education service, much less a service specifically for students with Autism Spectrum Disorders (ASDs). The confusion arises from the fact that instructional strategies and behavioral interventions based on the principles of ABA, which work with all learners, just so happen to also work for students with ASDs and often it’s the only approach that does.

As such, the demand for ABA-based programs for students with ASDs, and the peer-reviewed research around its efficacy with this particular population, has resulted in confusion among the lay public as to what ABA actually is. Because so many people in public education and the families that rely on it only see ABA used with respect to ASDs, they think that’s all it’s for, and this is a gross failure on the part of the professionals who know otherwise to set things straight.

This is why I’ve been trying to get this point across for so long. Knowledge powers solutions for parents, which is the whole reason our organization exists. The absence of relevant knowledge on behalf of any of the stakeholders in the IEP process can prevent students with disabilities from getting the kinds of help they actually need, so a failure to appreciate that ABA applies to anyone or anything that behaves can have dire consequences for students who would benefit from ABA-based interventions, even if they have conditions other than ASDs that create these needs.

That’s a whole conversation unto itself, but that’s not the focus of this post. Because ABA applies to anyone and anything that behaves, it therefore applies to all the members of a student’s IEP team. For parents, the science of ABA can be not only constructive with respect to developing an appropriate IEP for their children, but also in navigating the behaviors of the other IEP team members during IEP meetings and related exchanges with public education agency personnel, which is what I’m focusing on in this post.

To be clear, ABA is not a method or strategy. It is a way of describing behaviors according to how they naturally occur. When it is used to make something happen, it’s all about how to interact with others in a way that promotes the behaviors we want to see from them. Used ethically in a team context, it keeps conversations productive and collaborative. However, the proverbial snake oil salesman “selling ice cubes to Eskimos” abuses ABA as part of a con to manipulate people’s behaviors for personal gain at other people’s expense.

The thing to understand is that ABA is a reality-based approach to understanding what is going on and planning what to do about it. It isn’t an invention; it’s simply a tool that measures what already is. That data can then be used to change how things are. So, it’s not like I can give you a checklist of things to do, whether you understand them or not, and you’re off and running. You need to understand the underlying science, which I’m going to grossly oversimplify here to make the concepts as digestible as possible.

Before I launch into what ABA is, I first have to back up and explain the three key tenets of science. Science relies on:

  • Determinism – an understanding that there is a logical, evidence-based explanation for everything in existence.
  • Empiricism – an understanding that every evidence-based explanation can be described in quantifiable terms using fixed increments of measure.
  • Parsimony – the understanding that the simplest explanation that fits the measured evidence is the correct explanation.

That’s not an ABA-specific thing. That’s how all science works, and ABA is a science.

Like a financial audit, science renders reality down into measurable bits that can be analyzed for black-and-white, yes/no answers, regardless of what is being discussed. There is a reason that “accounting” and “accountability” share a common root word. Financial audits examine accounting records for accuracy because those records are supposed to account for where money has gone or will go. For this reason, accounting is actually a science.

All other forms of science account for things the same way, measuring what is according to fixed increments of measure and giving us an accounting of what is really going on. Such is the case with ABA.

The increase of neo-fascism in America, in which science is frequently denied, is really a rejection of accountability and/or a significant detachment from reality consistent with mental illness. It’s about skewing numbers (like the 45th President attempting to offload COVID-infected cruise ship passengers at the beginning of the pandemic onto Guantánamo Bay so as to prevent the numbers of infection cases in the United States from going up) or otherwise pretending the numbers are untrue (like “The Big Lie” told by the 45th President regarding the vote count in the 2020 Presidential election), so as to avoid being held accountable.

Science is all about explaining reality using numbers, which requires the application of mathematics. There’s only one right answer to a math calculation. It never ceases to amaze me the number of people who grasp this concept when it comes to money, but not with anything else.

These are generally the kinds of people who own profitable businesses and use their money to hire private jets to fly to Washington, DC, so they can attempt to violently overthrow our government because they fear accountability and equate any perceived loss of privilege or unfair advantage with oppression. Oppressed people can’t afford private jets, in case you were wondering. These are also the kinds of people who end up in handcuffs over cooking their companies’ books, once the accountability finally catches up with them.

When you understand science as a form of accounting for anything that exists in numerical terms, just as with money, it isn’t possible to take it as an affront to your belief system, unless you believe things – or are trying to convince other people to believe things – that are not true. There is no rule that says we have to like the truth.

An intact person will acknowledge an undesired truth and deal with it. A person engaging in disordered thought will attempt to argue against it and assert beliefs unsupported by evidence as fact, thereby confusing opinion with fact and arguing against what they don’t want to be true as though it really isn’t.

As a parent going into the IEP process, you need to stick to the facts. An IEP is all about measurable annual goals that describe what your child is supposed to be taught and how to measure the degree to which your child learns from that instruction. Services are determined on what is necessary to achieve the degree of success targeted by the goals and placement is determined according to what setting(s) are the least segregated from the general education setting in which the services can be delivered such that the goals are met. The entire process hinges on the appropriate application of the relevant sciences.

As a parent, know going into the IEP process that it is scientifically driven and, therefore, relies on measurable facts to inform your child’s educational planning, plus it must do so according to the rule of law. The whole system was designed with the education agency’s accountability to the individual student and the student’s family in mind, which is why it boggles my mind every time I encounter anything but that in the IEP process.

Specifically with respect to using ABA to navigate the behaviors of the other team members as a parent attempting to exercise your federally protected right to meaningful participation in the IEP process, there are some ABA-specific concepts you first need to understand. The first concept is that of ABC data collection and the second concept is that of reinforcement.

ABC data collection is a process used to determine the function(s) of a specific behavior. The “A” stands for “antecedent,” the “B” stands for “behavior,” and the “C” stands for “consequence.” Each of these has a specific operational definition in ABA, and any deviation from their respective definitions means whoever is taking the data is not actually practicing ABA.

An antecedent in ABA is whatever happened right before the behavior that triggered it. When you’re talking about students, the presentation of a task demand can be the antecedent to a challenging behavior being addressed by an IEP, for example. When you’re talking about corrupt and/or incompetent public agency officials in an IEP meeting, the presentation of a parent request could be the antecedent to some kind of challenging behavior displayed by educational agency personnel, as another example.

The behavior in the ABC data collection process is the actual observable behavior being addressed. In the example involving a student just given, let’s say the challenging student behavior upon the presentation of a task demand involving a worksheet, is verbal aggression while tearing up the worksheet. In the example of a difficult IEP team member, let’s say the challenging behavior upon the presentation of a parent request is a bunch of hyperbolic excuse-making and changing the subject.

The consequence in ABA data collection is the immediate outcome produced by the behavior, specifically the pay-off the individual gets by engaging in it. This is an important distinction because it is often inaccurately reported in school-based behavior assessments, where the previous century of relying on a punishment model of behavioral intervention regards “consequence” as something meted out by staff. That is wholly inaccurate. Anything the staff does in response to the behavior, whether it works or not, is a “reactive strategy,” not a “consequence” within the meaning of ABA.

The point of identifying the actual consequence achieved by engaging in the behavior is to determine the function served by the behavior for the individual engaging in it. Once the function of the behavior is understood, you can choose how you want to respond to it in a constructive way. When you don’t know the actual function of someone else’s behavior, you can respond to it in a way that hurts more than helps the situation. Identifying the function of an inappropriate behavior is entirely necessary before an evidence-based approach can be developed to address it.

So, using the examples I just gave, let’s say that the consequence of the student engaging in verbal aggression and tearing up the worksheet upon the task demand being presented is to escape/avoid the task demand. With respect to an IEP team member engaging in hyperbolic excuse-making and changing the subject when a parent makes a request, the function of the behavior is to escape/avoid addressing, much less honoring, the parent’s request.

In both of these examples, the function of each of the hypothetical behaviors described were both escape/avoidance, but this is not the only function a behavior can serve. Behaviors happen for only one of two reasons: to get something or get away from something.

As such, behaviors can be reduced to a one or a zero, depending on whether its function was to get something (1) or escape something (0). Even the most complex behaviors can thus be reduced down to simple binary code as the most parsimonious way to describe what is happening.

In ABA, the functions of a behavior are typically described as access/attainment, escape/avoidance, and automatic. Automatic reinforcement speaks to behaviors that address internal drive states, such as physical wellness and emotionality, but even those are based on access/attainment or escape/avoidance. Sensory-seeking and/or sensory-avoidant behaviors are based on automatic reinforcement for someone with sensory processing issues based on their unique neurology, for example.

That leads us to the second key concept of ABA that you need to understand, which is that of reinforcement. A reinforcer is anything that increases the likelihood of an individual engaging in a specific behavior in response to a specific antecedent. If the consequence of the behavior is reinforcing, the individual will continue to engage in it whenever that specific antecedent is presented in order to achieve the reinforcer.

For example, if you get hungry (antecedent) and go put money in a vending machine and push the right buttons (behavior), you will get food (consequence). The function of the behavior is access/attainment of food to satisfy your hunger. It’s pretty simple.

Reinforcement can be positive or negative, but these are not judgments of “good” or “bad.” Just as with magnets, the poles of the Earth, and batteries, the terms “positive” and “negative” have specific meanings within ABA that are also frequently misunderstood in special education behavioral interventions. In reality, when it comes to ABA, “positive” means “to present” and “negative” means “to withdraw.”

Positive reinforcement, therefore, is the presentation of something that is likely to reinforce a specific behavior. Negative reinforcement is the removal of something unwanted in order to reinforce a particular behavior. The aforementioned vending machine scenario gives an example of positive reinforcement because food is presented in response to the behavior of putting money into the vending machine and pushing its buttons. Both forms of reinforcement were best explained scientifically back in the early days of behaviorism by B.F. Skinner using what came to be referred to as a “Skinner Box.”

In Skinner’s positive reinforcement experiments, rats in a cage were taught to pull a lever in order to access food pellets. At first, pulling on the lever was accidental, but as soon as food came out, the rats quickly learned that engaging in the behavior of pulling the lever resulted in the presentation of a food pellet. The presentation of the food pellet reinforced the pulling of the lever.

In Skinner’s negative reinforcement experiments, rats in a cage with an electrified floor that delivered mild shocks to their feet learned to pull a lever in order to turn off the electrification of the floor. Again, at first, pulling the lever was accidental, but as soon as their feet were no longer getting zapped, the rats quickly learned that engaging in the behavior of pulling the lever resulted in the termination of discomfort caused by the electrified floor of the cage. The removal of the electrification reinforced the pulling of the lever.

In both cases, the behavior of pulling the lever was reinforced. It’s just that one form of reinforcement provided access to something preferred and the other removed something aversive. Again, this can all be reduced to getting something (1) or getting away from something (0).

In the IEP process, you’re either getting what you want for your child or you are not. The public education agency personnel are either satisfying their agency’s agenda or they are not. The whole situation is riddled with ones and zeros depending on what you are talking about and who is involved.

Again, this is all a gross over-simplification of these basic ABA concepts. There are other considerations that have to be taken into account, such as setting events, otherwise known as Motivating Operations (MOs). MOs increase the likelihood of a specific antecedent triggering a specific behavior.

In our previous example regarding the student becoming verbally aggressive and tearing up a worksheet upon the task demand being presented, it could be the case that the student normally complied with task demands but, that particular day, the student had a stomach ache and didn’t have the concentration and stamina to engage in the task when it was presented. As such, the antecedent was still the presentation of a task demand, but that antecedent occurred in the presence of the MO of a stomach ache, and the consequence was still to escape/avoid the task demand.

Similarly, in our example previously regarding education agency personnel engaging in hyperbolic excuse-making and changing the subject in response to a parent request for something, it could be the case that said personnel would have normally agreed to honor the parent’s request, but that morning there had been an agency budget meeting in which personnel were told they would be subject to disciplinary action from the agency if they committed the agency to services for students that cost more than a certain amount, which is illegal but nonetheless happens all the time. As such, the antecedent was still the parent request, but it occurred in the presence of the MO of a threat of disciplinary action against agency personnel for committing the agency to costs it didn’t want to have to bear, and the consequence was still to escape/avoid honoring the parent’s request.

Sometimes you don’t know what all the MOs are because the education agency personnel won’t make them known to you. In many instances, the only way you know something is wrong is because the presentation of an antecedent results in a behavior that produces a consequence that doesn’t fit what should be happening. In that case, you know something is wrong because the behavior doesn’t fit the situation, at which point you have to ask yourself, “What is the function of this behavior?” It’s pretty obvious that any “no” response you receive is an escape/avoidance behavior; it’s just sometimes hard to know whether what is being avoided is cost, accountability, or both.

For example, data collection practices in special education throughout the country are generally pretty unscientific and shoddy in spite of a federal mandate that special education be delivered according to the peer-reviewed research, which is all scientific, according to measurable annual goals. As black-and-white as the process is supposed to be, it often isn’t because school personnel 1) have no idea how to do it correctly, and/or 2) are attempting to avoid accountability.

In most cases, it’s been my observation that the initial inappropriate behaviors are a consequence of incompetence, which creates a need to pursue accountability, at which point they engage in cover-ups to try to avoid getting into trouble for the errors of their ineptitude. You have to assume as a parent going in that not everybody on your IEP team knows everything they should and that they may respond unethically when they get called out on their errors. In other situations, public education agency personnel are just grifting the system for a government paycheck at taxpayer expense from the outset and see students as a means to their own financial ends, engaging in cover-ups when their self-serving behaviors become exposed.

As a parent going into the IEP process, you have to be a shrewd negotiator. If you don’t understand the functions of the behaviors of the other IEP team members, you are at risk of being robbed blind by unethical public servants and/or otherwise getting a poorly developed IEP from inept public servants.

It’s not on you to know all of the science and law that applies to your child’s situation, but if you can develop your skills at reading the behaviors of the other IEP team members, you can often figure out whether they are acting according to your child’s actual needs or not. At that point, how you respond becomes the next hurdle to clear.

Every situation requires its own analysis and there is no way I can give you a one-size-fits-all solution, here. What I can tell you to do is pay attention, try to get a sense of the function of someone’s inappropriate behavior as best as possible, and offer reinforcers in order to achieve the behaviors you want to see.

For example, send a thank-you card to the school psychologist who actually threw down on an excellent report and you will positively reinforce legally compliant behavior. Or, withdraw a compliance complaint if the agency remedies the problem that compelled you to file it and you will negatively reinforce legally compliant behavior. They can earn a food pellet or stop their feet from getting zapped, metaphorically speaking, but, either way, they’re going to have to pull the lever. If you can keep these concepts straight, you will be in a much better position to effectively participate in the IEP process.