Online Trolls, Mental Health, & Social Justice

For the benefit of the majority of Americans who are capable of understanding what I’m about to say, I appreciate the opportunity to share some insights with you that might help you better frame how you think about current events and other people’s behaviors. For those of you who struggle to understand what I’m about to say, just know that the point is to find a way for you to still be included in the public discourse with as much understanding as can be achieved. We want everyone making thoughtful, informed decisions and not just reacting emotionally to things they don’t understand, which requires patience and understanding on everyone’s part.

Recent events have inspired this post/podcast, and they arose around other online content I’d already published and then promoted through Facebook Ads, which was probably just asking for it. Facebook has become a toxic environment in which conspiracy theories abound as they are passed around among our least informed and/or least emotionally stable members of society and boosted by Facebook’s algorithms.

Even though our content was supposed to be targeted to pro-democracy users, enough people on Facebook are apparently hate-searching the same hashtags as those used by pro-democracy activists and then posting hateful messages full of misinformation, which likely feeds the algorithm information about their user habits that increases their ability to engage with pro-democracy content without regard for how they are actually interacting. The algorithm is looking at the frequency and duration of a user’s involvement with content, not the qualitative nature of what that involvement looks like.

Hateful comments are just comments to the algorithm. Clicks are just clicks, regardless of the beliefs or intentions of the users doing the clicking. These algorithms are configured to increase the exposure of frequently clicked- and commented-on content based on its popularity with users, regardless of why it’s becoming popular.

This is how social media has been weaponized by bad actors to feed lies and misinformation to unsophisticated users who have no idea that their behaviors are being reinforced for all the wrong reasons, which effectively manipulates them into behaving in hateful ways with increasing intensity over time. My working theory about what reinforces trolling behaviors is that it’s automatically reinforcing because there is an internal adrenaline rush that users get when their posts and comments gain popularity and get shared, which gives them emotional validation. It’s a protest behavior that gets reinforced and maintained by attention from others.

It is only people who are starved for emotionally validating attention from others who seek it out online and fall into the deep well of online trolling behaviors to get it. If that’s the only source of validation and feeling “successful” in their lives, they’re going to do it. The solution is to give them a more appropriate functionally equivalent replacement behavior that still allows them to express their wants and needs such that they are validated with attention, but more importantly, that are met with more powerful reinforcers than the ones they receive by trolling. We’ve got to give them something more rewarding than what they get from spewing hatred while still giving a voice to their wants and needs, as well as access to appropriate solutions.

These are not our brightest problem-solvers. These are the people with arrested emotional development and limited coping skills who resort to name-calling and hostile behavior because that’s the best they’ve got. They feel trapped in a life they can’t handle where their wants and needs go unmet and they don’t know how to appropriately advocate for themselves. Emotionally speaking, they are simply very old children.

Thankfully, only a handful of trolls found our online content. All of them were adult males, mostly middle-aged or older and white, based on their Facebook profiles. All of them were triggered by a single word in the title of the program being promoted, which is our Social Justice group on Meetup, in which I conduct live events and share content with group members who are interested in learning how to participate in the advocacy processes of publicly funded programs to enforce their rights as program beneficiaries or the rights of other eligible beneficiaries who need help advocating for themselves.

In our Meetup group, I take my experiences working in special education, regional center, rehabilitation, and other publicly-funded programs for people with disabilities and generalize them to the same processes and procedures that exist within other publicly-funded programs that exist to benefit citizens with other other types of need than disability. Many of these other programs address social welfare issues, like housing, food, and healthcare.

Americans pay into these programs so that they are there for them if and when they need them. If we’re going to pay taxes to pool our resources as the Public to achieve economies of scale and efficiencies that we otherwise wouldn’t have on our own as individuals, then those resources and economies of scale better provide for us when we need them.

There is nothing un-American about expecting the American government to work and being worried and angry when it doesn’t. What is un-American is failing to abide by the rules already in place and making excuses instead of improvements as a public servant or a voter. If the existing rules create more problems than they solve, then responsible leaders in local publicly funded agencies raise these issues with their legislators and don’t stop making noise until the problems get fixed. They don’t go, “Oh, well. That’s just the way it is in the ‘real world,'” and fail to solve the problems.

I’ve made this point before and I’ll make it again, here, that Project 2025, which articulates the literal plan for a white “Christian” nationalist take-over of all the bureaucratic mechanisms of government, is nothing new. It’s what I’ve been up against since I first started working as a lay advocate in 1991. It’s what I was up against when I participated in the most litigation of my career in the mid-2000s through 2012 as a paralegal, supporting attorneys in special education mediations and due process hearings, as well as court trials in venues ranging from state superior courts to the 9th Circuit Court of Appeal. It’s why I went back and got my master’s degree in educational psychology in 2013; I knew I needed to come at these issues from a more informed, expert position to be more effective.

The anti-everything-not-like-themselves by some of the least competent members of society who, through privilege and cronyism, have managed to acquire power, is nothing new to me. There is nothing more reckless than giving someone with low intelligence and emotional instability access to a whole lot of money. I’d have to go through the whole origin story of the public education system and how other public programs were modeled after its administrative design to explain how we got here, and that’s enough information to create an entire college course titled, “The History of American Public Education.”

Let me just cut to the chase and say it’s been a political shit-show from the beginning and that all of the laws that prohibit discrimination in the public sector are there because these knuckle heads have been in there undermining and sabotaging the system from within all along. They have been doing this so that they and their like-minded collaborators can point to the failures of the system they caused as “proof” that this system of government is a failure and should be replaced with something different, like giving them total control with no accountability.

These are the people who want to eliminate the U.S. Department of Education and make it so that only wealthy elites can afford to educate their children, while depriving the general public of access to information and learning that will allow them to participate with understanding in our representative democratic government. There is a reason that the pre-Civil War slave owners didn’t want their slaves to learn how to read; a literate, intelligent, and informed group of slaves was capable of planning and executing an escape or even an overthrow of their masters.

By depriving the American public of a sound, responsible public education system these hostile elites would hoard all the knowledge and only use that of it which would give them an even greater unfair advantage over everyone else, while ignoring anything that potentially highlighted any errors in their thinking. This would prevent the public from knowing how to take back its own power, live freely, and thrive for its own benefit rather than only for the benefit of the elites, while elites choosing to only acknowledge the facts that suit their purposes run everything into the ground by failing to abide by reality.

It is the least educated and/or least emotionally stable among us who become the most useful idiot minions of the anti-American elements in this country, which are fueled by money from self-serving domestic billionaires and foreign enemies, and facilitated by domestic and foreign influencers using online propaganda to exploit social media algorithms, radicalize these people, and turn them loose on the rest of us like ticking timebombs. Our current-day lone shooters are our domestic version of the suicide bombers of the 9/11 era.

Statistically speaking, a certain percentage of the human population has disordered thought to such a marked degree that their participation with social media brings on the worst manifestations of their symptoms possible. In the special education arena, I’ve got one student on my caseload who is so screen-addicted that she engages in property destruction with full-on screaming rages at home if she’s expected to put down her device and go do something with her mother in the real world. I’ve got another student who impulsively, without fail, will immediately gravitate to any social media app that has a chat feature and start trolling strangers because she thinks she’s being funny and she’s cracking herself up, but then they come back at her with equal venom and she has a mental health crisis that can escalate to actual self-harm or attempted suicide.

These are real issues that I’m dealing with right now in the real world, and these two students are hardly the only ones. These are just the only two cases on my caseload right now with these issues, but this has become an ever-increasing issue for a lot of students who I’ve represented over the last 15 years as internet use has become more ubiquitous throughout public education. For the student with the chat app issues, the school district hired a cyber security expert to figure out how to block any of the kinds of content that she might misuse on her district-issued devices, while still giving her access to the online content necessary for her classes and without a human being having to actively monitor her device usage throughout each school day.

All of that is great for understanding the nature of the behaviors and the challenges faced by those who engage in them, but what does one do about it? For me, that’s still a work in progress, but I can tell you how I’ve handled it so far and whether I think it’s working or not. It’s early days with me and the fascist trolls, and there have only been a handful, but I’m already seeing trends in the data emerging, not the least of which is the older white male observation I mentioned previously.

I’m totally using Applied Behavioral Analysis (ABA) to inform my responses to the trolls, as well as legal strategies I’ve learned from lawyers and judges over the years that can be generalized to other situations and contexts that align with the principles of ABA. One of those strategies is what I like to call “Jedi Mind-Trick Jujitsu,” in which I take control of the narrative by using their own language to defeat their own points, then redirect everyone’s attention to what my originally posted content is actually about and encourage people to join our group and participate in our live events.

In Jujitsu, there is a move whereby the enemy throws a punch, but you lean to one side, grab their arm at the wrist just below their fist, and pull them forward and down to the ground, using the inertia of their own punch and their own momentum against them while side-stepping the punch altogether. In “Jedi Mind-Trick Jujitsu,” with these trolls, I’m taking the energy of the insult or slur, mocking the ridiculousness of it as politely as possible by pointing out the truth in a friendly manner, providing immediate forgiveness to the offending party, following it with an analysis of why this person is engaging in this behavior and why everyone else should feel bad for the offending party rather than revengeful, and promising to pray for the offending party’s poor tortured soul or otherwise blessing their heart.

None of the trolls have replied back and no new hate posts have come in since I replied to the last one, though that could change. I’ve posted my replies to each troll’s posts almost immediately after they were made. None of my replies took their bait. They were looking to pick a fight with people who are just as emotionally dysfunctional as they are, and they’re not going to find that here. Engage in maladaptive behavior like that in front of us, much less in writing with a hot link to your profile, and we’re going to offer personalized forgiveness and explain why, then redirect readers back to the original point of our posted content.

We work with mental and emotional health issues and challenging behaviors every day. Trolls aren’t scary to us; they’re pitiful. They are victims of our country’s mental health crisis. They warrant our pity because they are so terribly troubled and broken and they deserve our effort because we need to keep them from becoming unsafe to themselves or others.

Trolls are mean to strangers online because that’s the best they’ve got. That’s a tragic way to live, and it’s not hard to see how people from this segment of society are easily radicalized into acts of violence over things that make no sense, particularly when the information they receive is manipulated to limit their understanding and provoke their anger through their strongest connection to the world: the internet.

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The other data point that emerged from how the trolls responded to our posted content about our Social Justice group on Meetup, was, as I stated above, a single word. That word was “Social.” The tiniest minds think that this automatically means “socialism,” which they then equate with “communism,” the definitions of neither being known to them, which explains why one of them referred to me as “comrade” in his disparagement of our post.

Here’s the thing: The point of the post was to promote our pro-democracy group and teach people how to participate in the mechanisms of democracy at the local level, all in the pursuit of a just society in conformity with the Constitution of the United States. None of them actually read about what we were doing. They saw the word “Social” in the title and were immediately triggered. The irony was totally lost on them that they were using “social” media to spew their moronic hatred towards our use of the word “social” in the title of our online events.

For people who think anything that uses the word “social” automatically means “socialism,” and you oppose socialism, then you need to get off of “social” media! And, God forbid you attend the Sunday Ice Cream “Social” at church after service, or the commies will start kicking in the front door of your house before you even get home. It’s a freakin’ word with multiple uses, depending on context. The title of our group is also a play on words with a “social” justice education initiative being carried out using “social” media and online meetings to interact in a “social” way to talk about how to uphold democracy at the local level. Tinier, fragile minds didn’t get the pun or the point.

Those of us who are not so badly compromised as that have a responsibility to take care of those of us who are, not ignore or exploit them. We are our brothers’ keepers and it takes a village. Humans are social animals by nature, so we need to figure out better ways to socialize with each other than what we’ve got going on right now. We have plenty of existing psychological, sociological, anthropological, and historical information to make wise, informed decisions as a populous, but that information is not equally available to everyone and educational equity is necessary for the survival of our species.

We can’t figure out how to work together if we’re too busy being pitted against each other by those in leadership for their own selfish purposes. Looking out for each other and collaborating for the mutual benefit of everyone is consistent with the teachings of every great religious leader the world has ever remembered, and none of them preached hatred or violence. These same values are also consistent with the rules of our democracy.

One piece of advice that I can give to sane, rational people dealing with trolls is to not look at what they post as an overture to start an actual conversation and engage in any kind of legitimate debate. Don’t take their bait; they’re just looking for someone to disagree with them and call them names back. That’s their idea of two-way conversation and social engagement, but it’s all one-sided and they’re too impaired to see it for what it really is. They approximate and mimic conversational behavior, but they can’t actually hold a real conversation, at least not while they are triggered and escalated. The adrenaline rush of a heated exchange is often as close to getting emotionally engaged with other people as they can get.

Troll posting is a ritualized behavior that includes scripted speech, which is not the same thing as a two-way conversation. Two-way conversations require both parties to listen with comprehension and think about how what each person says relates to what the other person says, and negotiate in some kind of way to reach a mutually agreed-to conclusion about whatever is being discussed. Troll posts are nothing like that. Troll posts are one-sided cries for help from mentally and emotionally anguishing people.

What has made all the difference for me when I encounter these kinds of behaviors in any social context is to recognize that this isn’t a conversation, it’s a ritualized behavior that includes words, at which point I can’t take whatever is being said seriously because it’s only function is to get an emotional rise out of me and engage me in a dispute. I’m only interested in a real conversation. I have no reason to reinforce that behavior by giving the person what they were looking for and engaging in a heated dispute with them.

That would give them my sustained attention in the form of an attempt to convince them they are wrong, which they would never do, which would make them feel powerful and leave me drained and exhausted with time I’ll never get back wasted on the whole endeavor. If I took the bait and wasted time I can’t spare to argue with a troll, then I’d be kicking myself afterwards for letting myself go there, and the troll is still living rent-free in my head. Hell, no!

By understanding that the function of the behavior is automatic reinforcement by way of making the troll feel powerful when they bully someone into submission, you can redirect them to a more functionally appropriate way to feel powerful without acting like an asshole. If I took the bait, it would be an open invitation for them to visit their wrath upon me, so I’m not taking the bait. However, I will take the opportunity to reclaim the narrative and redirect other people’s attention back to what actually matters. I can turn a troll post into a marketing opportunity for my event by using their drama to get other reader’s eyes on the back and forth, and further pique their curiosity about our live online Meetup events.

One of the motivating ideas behind trolling behavior is to come on strong so as to presumably present as a strong person. But, truly strong people don’t actually act like that. Truly strong people don’t give a shit whether people are impressed by them or not; it takes too much energy to care and there are far too many other more important things to worry about in life than that. Truly strong people just take care of their business and don’t have a need to come on strong when they disagree with other people.

These trolls are weak people acting how they think strong people act, as seen through their eyes as people who are regularly ignored or exploited by others who are stronger than them. They can’t actually conceptualize what stronger people must be thinking or feeling; they can only observe the outward presentations made by stronger people and attempt to emulate what they think they are seeing.

People who are lacking in competencies have historically found themselves on the receiving end of a tongue-lashing more than once in their lives for making mistakes that a more competent person would never make. From their perspective, it may seem that yelling at people and accusing them of being deficient is what being in charge is all about. Therefore, according to their logic, if they go around yelling at people and accusing them of doing bad things, they should be put in charge.

This strategy sometimes actually works for them in the short-term, but their actual lack of skills dooms them to ultimate failure. They can’t actually handle the responsibilities that come with the power they manage to acquire and their efforts to fake it until they make it blow up in their faces because they are literally faking it and have no idea what they are doing. Dressing for success is pointless if you don’t have actual job skills.

A good public-facing example of this is Arkansas governor Sarah Huckabee Sanders, who is being investigated for financial improprieties with public funds and who, with each new investigation or investigative finding being reported in the media, passes new statewide executive orders that violate the First Amendment of the Constitution of the United States by banning the use of certain “woke” terms like “Latinx” or “pregnant people” in State documents. She’s apparently getting all the “mam-maws” and “pap-paws” riled up over nothing so they don’t notice her robbing them blind.

It has been alleged that some of the taxpayers’ money in Arkansas was used to send Governor Huckabee Sanders to Paris, France with her girlfriends to party and charged off to the State as a credit card purchase in an amount just shy of the $20K reporting limit on State employee credit card purchases as an allegedly fraudulent purchase of a customized speaker’s lectern that has yet to make a public appearance or ever be used to anyone’s knowledge. This alleged “Lectern-gate” matter is still being investigated, given that over $19K was spent by the Governor on a lectern with no actual lectern to show for it, the Governor allegedly bought it from a company owned by one of her girlfriends who went with her on the Paris trip, and said friend’s business does not sell lecterns as part of its normal course of business.

The abuses of authority alongside Arkansas’ long-standing low performance statistics as a state, such as with poverty, healthcare, crime, and education, reveal an entirely dysfunctional state government that is dependent upon other, better managed states that produce more tax revenues than they need to supplement Arkansas’ own tax revenues in order for Arkansas to function in any capacity at all. By contrast, for example, California has the 5th largest economy in the world and could function as a self-funded nation-state, if it had to. If Arkansas were cut off from the tax revenue it gets from states like California, there wouldn’t be enough money in the till for the Governor to steal.

Broken people may briefly attain power, but they usually don’t have the skills to hold onto it for very long. It takes a fleet of broken people working together from positions of power to do serious harm over extended periods. We generally regard these kinds of folks as being part of a conspiracy when they collaborate with each other to achieve dysfunctional ends on a large scale. But, as with “Lectern-gate,” these folks really aren’t all that good at covering their tracks and tend to leave a wake of destruction that serves as a mile-wide evidence trail. We’re seeing it happen right now with all kinds of folks from what’s left of the Republican Party, a great many of them being attorneys.

They’re banking on the rest of us being too exhausted to deal with their bullshit and just letting them go do whatever so we can stop and rest for a minute. Those are the moments they seize to do real harm. They wear us down to create exactly those kinds of exploitable moments. It’s like an emotionally abusive partner who always picks a fight right before bedtime that goes on for hours into the night, night after night, leaving the other person too exhausted from sleep deprivation to make rational decisions. A sleep-deprived person is inclined to cave in on everything just to keep the peace and impaired beyond thinking clearly about getting out of the relationship. This is also how unethical employers trap people in high-stress, physically demanding, low-paying jobs for decades on end.

Abusive people tend to do poorly in unstructured situations. The more the environment is configured to discourage abusive behavior by imposing structure, the easier it is to keep people busy doing things that are productive and healthy. One doesn’t have the time or motivation to go rob a bank if one is happily employed and well paid, for example. Not everyone handles unstructured time well and, when given too much freedom and left to their own devices, some people use their employer’s credit cards to go party in foreign cities with their friends.

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The bottom-line take-away from this post/podcast is that everyone deserves to live in a just society that treats them fairly, no matter who they are, and not everybody is healthy enough to appreciate what that means. We can’t take it personally when someone else doesn’t have the ability to get it, and we serve ourselves by looking out for that person and helping them meet their needs instead of shunning them and cutting them off. We need to take a serious look at the wants and needs of the people who pose the biggest threats to our democracy and then figure out the most appropriate ways to see their needs met so that they aren’t feeling “othered,” ostracized, and vindictive towards the rest of us.

Trolls’ behaviors seek attention for a reason and we’ve got to give them more appropriate ways of calling attention to their wants and needs without causing harm. I suggest we start by responding to the hateful comments left by trolls in the most loving ways possible, without being afraid to poke fun at how silly they are making themselves look with their hateful comments. React the same way you would to a 4-year-old who didn’t get what they wanted for lunch, and now they’re packing a bag in their bedroom while crying and threatening to run away.

Acknowledge their suffering because they’re upset, but be willing to chuckle at how silly it is to be running away from home over cucumber slices. You’re laughing at the behavior, not the underlying reason why it happened. It’s okay to hate the behavior, but try not to hate the person. You need to mentally separate the person from the behavior because they are two different things. They’re totally related to each other, but they aren’t one in the same. If trolls were better equipped to deal with life, their behavior wouldn’t be so bad. Nobody is awful on purpose just to inconvenience you. No matter how much Hell they visit upon you, it’s infinitely worse for them living in their skin. You can get away from them, but they are stuck with themselves forever.

Trolls only come on strongly because they are lacking the amount of strength they are attempting to project; it’s a lie and they are actually cowards. Standing up to them with logic and facts generally shuts them down. Your alternatives are either ignoring their comments and leaving them to poison your posts, or getting baited into a heated, emotional exchange intended to exhaust you and wear you down. Shutting them down quickly with logic and facts appears to achieve a respectable degree of damage control and refocuses other people on the actual messages that you’re trying to convey.

That isn’t to say that an entirely deranged hothead won’t resort to stalking someone who dares to shut them down online, but these kind of people aren’t the majority of the people spewing hatred online and even the stalkers usually leave an evidence trail a mile wide. Most of the online haters are cowards who will never show themselves offline to the same degree they expose themselves online. Name-calling and profanities are the best they’ve got.

I’ll save my name-calling and profanities for my private conversations with clients and colleagues, as well as occasional comedic bits in my online content, about the characters in public office we encounter who are obstructing the legitimate functions of our democratic government every day. We all need to vent and there is a time and a place for everything, including venting.

What you will never see us do is go out on the internet and post hateful comments on other people’s content. We may disagree and provide our reasons for disagreeing if we come across something that jumps out at us, and we may point out the potential adverse consequences of acting according to another party’s online advice if we think that advice is bad, but that’s not the same thing as name-calling and hate speech. There’s polite, informed dissent and there’s raving like a lunatic.

I hope this has helped you organize your own thoughts around how to work with people who don’t quite get it with a little more compassion, which has greater chances of helping you achieve healthy outcomes for everyone involved than ignoring them or attempting to argue with them about the flaws in their logic. Proactively, going forward, I encourage you to frame things with “I-statements” when presenting an opposing point of view, such as, “I hear what you’re saying, but I’ve always understood it to be the case that XYZ, and what you’re telling me doesn’t really explain that. Why do you think that is? What am I not understanding?”

When you put a single unaccounted-for variable in front of them and ask them to account for it, whatever faulty logic they were trying to assert falls apart and they realize they’ve left something out of the equation. When you see that they’ve realized they don’t know how to resolve what you’ve pointed out, that’s your chance to continue with your logical explanation for XYZ with language like, “Aw man! So, what I’ve been thinking this whole time is that, because ABC and 123, XYZ happens. Does that make sense? Am I missing something? I thought I had it figured out, but maybe I’m wrong. Am I wrong?”

At that point, you take ownership of the doubt they are unwilling to let themselves feel about their own perceptions of things, and the troubled troll starts to put things together logically in their own mind based on the simple explanation you’ve given in an effort to remain the voice of authority by giving you an answer. This allows them to arrive at the correct conclusion on their own by thinking it through without being told they are wrong and getting emotionally triggered.

If you impose structure on the thought process by identifying only the variables that matter and leaving out the extraneous fluff in an emotionally neutral way that shifts the element of doubt onto you, then ask for their opinion of what you’ve just said, you’re just asking for feedback on what you understand to be the case and correction where you’re wrong. There’s no reason for them to feel threatened by that and a lot of times it actually buys trust because then they’re able to say, “Well, when you put it that way, you’ve got a point,” or “I hadn’t thought about that, but now that you mention it …” and a rational conversation is more likely to happen.

One of the trolls who posted on my content asserted that it isn’t justice if it’s prefaced by an adjective like “social,” there’s only justice. That made absolutely no sense, but I was willing to entertain the idea, so I replied with, “Fascinating perspective! What evidence supports that argument?” and never heard back. That’s not a hostile response, but I’m also pretty sure there’s no actual evidence to support that argument. I’m willing to be wrong on that, but I guess only time will tell if he’s going to come back and educate me with some real evidence that proves me wrong.

In the meantime, I hope you are able to cope with trolls better after reading this, whether they show up in your life online or in person. All of this can be generalized to dealing with nasty people everywhere, but for our families who rely on us for advice about special education and disability resources, generalize it to every nasty person who stood in your way when you tried to get appropriate services and supports for your loved-one with special needs.

Ronald Reagan is given credit for saying, “Trust, but verify,” when it came to dealing with other heads of state and government officials. I think using that approach whenever anyone attempts to convince you of something. particularly if they are emotionally passionate about it, is always a best-practices way of dealing with them.

Ask for evidence in support of arguments that seem unlikely. Ask for their advice as to how to weigh contradictory information against what they’ve just told you. Don’t accuse them of anything or call them names. Treat your exchanges like dignified conversations, set the behavioral example, ask pointed questions about their assertions, and sincerely express interest in understanding their point of view. They do have a communicative intent to express an unmet want or need, but it can be difficult getting to the actual underlying message through all the behavioral chaos and word salad.

One of the parents I used to represent called the scripted speech from her daughter’s emotional outbursts “throw-up words” because they were just verbal barf that came with all the other out-of-control behaviors, not a real conversation. In the moment, she didn’t know what the Hell she was saying, and she usually felt terrible about it afterwards. The moment you can discern “throw-up words” from real conversation and stop caring about what is being said and then focus on why it’s being said, that is the moment you regain control of the conversation. The words are the symptoms and you need to treat the underlying disease, metaphorically speaking.

Express caring for their welfare and forgiveness for their crude behaviors. Forgiveness means they aren’t living rent-free in your head once you’re done responding to them; it’s for your benefit, not theirs. Let them stew in their own juices if that’s what they really want to do, but that shouldn’t affect the quality of your life.

Sometimes, all you can do is say, “Bless your heart, you poor tragic creature,” and move on to your own bliss without carrying the dead weight of their opinions or the living with the consequences of their behaviors. There’s no reason to feel bad about that. Love is doing what’s in the best interests of everyone involved, including yourself. And, so, on that note, thank you for hearing me out and, until next time, peace be with you.

School Personnel, Conspiracy Theories, & Child Welfare

School Personnel, Conspiracy Theories, & Child Welfare
Christine Priola, OT, on the right in the Vice President’s Office of the Senate during the January 6, 2021 insurrection at the Capitol in Washington, DC

On January 6, 2021, a group of people, radicalized by false propaganda generated by the 45th President of the United States and his co-conspirators, attacked the United States Capitol with the intent to kidnap and/or murder members of Congress and the Vice President. This is an event that will live in infamy for so long as America remains a nation, and be blamed for it if it does not.

I’ve been working in special education advocacy, helping parents protect their children with disabilities from physical, emotional, and educational abuse/neglect by the public sector, primarily the public school system, since 1991. By now, you would think there’s nothing new for me to see when it comes to all the ways that adults can do wrong by those among us with disabilities. Clearly, I was wrong.

These recent events at the national level have left me with a whole new set of concerns that I believe are important to talk about, right now. Not the least of these concerns is the fact that a profoundly mentally ill president, along with his pathologically self-serving sycophants, exploited the suffering of some Americans with mental illness and the unfounded sense of entitlement experienced by other Americans with mental illness.

In the end, it’s a bunch of people with mental health issues frenzying like piranha at the smell of blood in the water and taking down the rest of us with them. The inmates are literally running the asylum, right now, and the survival of us all rests on the shoulders of those of us intact enough to realize what is happening, and equipped to deal with it.

For the last 30 years, it’s been my observation – and one I’ve repeatedly shared – that there are individuals employed within the public education system who believe children with disabilities are expendable and unimportant. In a sea of deprived students in general, special education students are uniquely further deprived because of their disabilities.

It’s been my observation that these individuals see their constituents – in this case, our children – as a means to their own personal financial ends, and nothing more. When the costs of educating these constituents increases due to disability, they become a hated burden to those looking to profit off them.

It’s not like the public education system is doing that great by any of our kids, right now. It’s just that problems that impact education in general tend to have a magnified effect on our kids with special needs. Public school officials will say things like, “My heart is bleeding for your child. I wish there was something I could do,” when there’s totally something they could do. They just don’t want to pay for it, which is unlawful.

Special education laws would have not become necessary back in the 1970s if it were not for the fact that people who do not believe in science or law were already employed in positions of authority within the public education system and engaging in unconstitutional conduct towards children with disabilities at that time. The public schools would refuse to enroll these students at all or, even if they did, let them languish in general education classes until they dropped out.

In spite of compulsory education laws, back in the day, it was totally okay to drop out of school if you couldn’t keep up with the instruction and nobody would come after you for truancy. This was what happened to a lot of people with relatively mild challenges, like learning disabilities, who ended up reaching adulthood functionally illiterate and unable to find gainful employment except as factory workers, coal miners, and all the other dangerous jobs that don’t require academic skills, in spite of their normal intelligence.

I provided adult literacy instruction to this population at a local vocational/technical college as a young adult in Arkansas. I’ve met these people. I’ve seen this play out, first hand.

This has led to a class of individuals who have increasingly lost the ability to support themselves, as robots take over dangerous jobs that don’t require real thinking. While the laws that passed in the 1970s were the right place to start, it’s foolish to think that enough has changed since then that the system isn’t still biased against kids with special needs. If things had changed, I’d have worked myself out of a job a long time ago.

The public education system is biased against any kid who isn’t white, male, and expected to inherit property upon reaching age of majority. It was created in its present form during the Industrial Revolution and hasn’t changed much since.

For the longest time, public education agency administration was male dominated while the teaching staffs were female dominated, putting men in authoritarian control over women employees. Teachers unions grew out of the very real discrimination and abuse of women in the public education workplace by their male “superiors” around the same time that unions gained popularity among the laborers working ot inher dangerous jobs in factories and mines.

Students, however, have no collective bargaining power. Even though they are the reason the system exists, they are the last individuals served by it. They get whatever leftovers are left after public agency administrators bleed their agencies dry with undeserved six-figure annual salaries while teachers are buying classroom supplies with their own money. Students are just an excuse for politicians to pay themselves.

So, the idea that discrimination and abuse do not manifest in the public education sector is plainly inaccurate. There are mountains of evidence to the contrary, my caseload being only one such mountain. The judicial and legislative history of special education law is not the total point, here, but it’s relevant in that it establishes that bad actors in public education have made it necessary to regulate public education to control for their inappropriate behaviors.

The evidence of bad faith in public education has been documented in the courts long enough that I don’t have argue it, here. That’s a done deal. So, when someone tells me they are worried about child welfare at the hands of government officials, I have to say, “Me too! That’s why I’m a child and family advocate.”

However, now when someone tells me they are worried about pedophiles in public education, I have to do a double-take and ask, “Why?” That’s only because of the whacky Q-Anon and similar conspiracy theories, now going around about Satanic cannibals molesting and trafficking children.

It’s not that human trafficking isn’t real or horrible. It’s that there is zero proof that it’s being perpetrated by the people these conspiracy theorists are targeting.

There is proof, however, that the 45th President was pals with a known, convicted pedophile and wished this pedophile’s co-conspirator well when she, too, got arrested. He’s also been accusing of raping a 13-year-old who was made available to him by this same duo of pedophiles, but these conspiracy theorists are not going after him. They think he is the champion of their cause, which defies logic in every possible way.

Even if the allegations of child rape cannot be sustained against #45, he’s sexually assaulted plenty of women and bragged about it on the record. How he’s become the champion of a human rights cause given his history of sexual assault and his policies regarding the children of lawful asylum-seekers at our borders is beyond me.

We have all seen news stories of the occasional teacher, aide, specialist, or administrator who gets busted for sexual relations with their students. It’s not that pedophiles are not employed within public education; we know some have slipped in and we do a poor job of screening them out, often only finding them after the harm has been done.

The more important point is that a ring of cannibalistic pedophiles do not run public education. The average school district administrator doesn’t come anywhere near actual children. They don’t appear to care for the company of children; they just want to exploit them for public dollars.

While I don’t doubt that there are people employed in public education administration who would gladly traffic in humans if they thought they could turn a profit and get away with it, that’s a whole lot of work to make happen within the public education system and not get exposed. It’s easier to milk the broken system as it is without taking on that risk. They can get rich by lazier means than selling their students into slavery.

As soon as someone gets caught engaging in pedaphilia with students in the public education setting, most school districts are the ones that call the cops. If school district administrators come to an accused educator’s defense, it’s either because the educator was wrongfully accused or because the administrators don’t want to be held accountable for the fact that they let a pedophile come work for their public education agency, so they’re trying to convince everyone that they didn’t.

It’s not that public education isn’t being run by a pack of corrupt jackals. By and large, like local police departments, local school districts get away with as much as they do because they only answer to their local constituents, most of whom don’t know how to monitor and audit a school district on an ongoing basis for compliance issues. Jackals are in gross abundance.

Even the most ethical educators can be corrupted once they are promoted into administration, and I suspect most of that is economics. Once they start getting that six-figure annual salary, they start buying nice houses and cars, putting their kids through college, and going on expensive vacations. That quickly creates debt.

If you have a six-figure income, you can pay that debt, but if you lose that income and can’t replace it fast enough, you’re quickly screwed. This is how good educators get pulled into the Dark Side of the Force when they accept promotions into administration. It’s the rare pure soul that sees what’s really going on and refuses to be manipulated that way before it’s too late.

The overarching problems I see in public school administration are about money, not pedophilia or cannibalism. I’ve yet to encounter cannibalism, actually, but it’s only January 2021, so let’s see if this year tops last year for the most disgusting conduct to be revealed among public servants for the whole world to see.

What prompts me to discuss this, now, is the recent resignation of Christine Priola, an Occupational Therapist (OT) from Cleveland Metropolitan School District, one day before she participated in the January 6, 2021 insurrection against the American government. Ms. Priola occupied the Capitol building with other insurrectionists and was photographed in the Vice President’s office as part of the occupation.

In her resignation letter, Ms. Priola, who is currently out on bail pending trial, stated she was leaving her job as an OT for the District’s special education department for three specific reasons:

  • She refused to take the Corona virus vaccine before returning to in-person learning;
  • She disagreed with paying union dues because she believes that money is funding abortions; and
  • She’s embarking upon a fight against child trafficking by government agencies.

So, I’m going to pick these apart one by one, first, and then get into the rest of it.

First, it’s unclear if Ms. Priola is an anti-vaxer opposed to vaccines in general, is against the current Corona virus vaccine because it was rushed to market so quickly and she questions its safety and efficacy, or just resents being told she has to take a shot before she can go back to work. Maybe it’s a combination of those things.

We don’t know why she was opposed to the vaccine, so I can’t automatically lump her onto the science-denying anti-vaxer wagon with this limited amount of information, though her overall behaviors incline me to suspect that she could be an anti-vaxer. Because she’s an OT, which is a scientific discipline that functions within the medical and educational realms, I don’t want to assume too much, here. However, science is a fact-based discipline and Ms. Priola has not be operating according to facts.

When we look at her second objection, the total absence of logic casts an unfavorable light on the first objection, even further. How union dues, which pay for the administrative overhead of each union’s operations, somehow funds abortions makes no sense.

The district may withhold those dues from educators’ paychecks, but there is an audit trail that shows where that money goes. If you’re worried about where the money is going, you do a request for public records asking for the accounting details and turn them over to a grand jury if you find that the money is being misappropriated.

The rule of law already provides a remedy for the misuse of public funds. You don’t raid the Capitol with the intent of hanging the Vice President to death to resolve issues such as these.

The idea that the rule of law had collapsed to the point that it was ineffective cannot be argued, here. Ms. Priola did nothing on record to resolve the issue with where her union dues were going before resorting to the violent overthrow of the government and an effort to assassinate the Vice President.

The government already had a legal remedy that she chose not to access and the “remedy” she opted for instead did not fit the situation. This strongly suggests disordered thought. It also, however, goes to the degree to which legitimate remedies to harm done are often inaccessible to everyday Americans because they can’t afford to lawyer up every time the government shirks its responsibilities and hurts people. When the appropriate options are closed off to people, they are only left with the inappropriate ones.

This is where peaceful protests for changes to the rules become such an important part of democracy, none of which involves insurrection or execution. Insurrection as a more expedient option to litigation speaks to the degree to which the legal system is often unavailable to most people because of the associated costs, but it’s not a valid excuse for what Ms. Priola has done. Ease of access to remedy may have made it less likely that she wouldn’t have done something literally insane, but that’s speculative at this point.

The third justification for resigning given by Ms. Priola was that she’s embarking upon a fight to protect children from abuses by government employees. On it’s face, I can’t take issue with that because I’ve been fighting to protect children with disabilities – the same students Ms. Priola served as an OT – from abuses within the public education system for the last 30 years.

Very often, though, I’m protecting them against people like Ms. Priola who are so divorced from science and, therefore, reality that they engage in violations that require me to file complaints with regulators. Again, the rule of law provides a remedy. The difference between Ms. Priola’s efforts to protect children and mine is that I use science and law to protect my babies. She’s trying to kill the members of Congress most likely to help her protect children from the real predators.

I’ve never had to violently overthrow a government agency or hang anybody to protect a child from government employees. Has the rule of law let my babies down, before? Yes, in hugely significant ways. Has the rule of law protected my babies when I’ve pursued enforcement of it? Yes, more often than it has not. It’s not a perfect system, but insurrection on behalf of the people responsible for undermining it is not going to fix anything.

And, it’s not like I haven’t seen evidence of child trafficking in government agencies. I have, just not in public education. Specifically, I’ve been working on a separate justice project with our organization’s founder, Nyanza, to address the egregious over-incarceration of African-Americans in Oklahoma that dovetails with what may be State-sponsored child trafficking.

Based on the publicly available research data we’ve gathered to date, it appears there may be an orchestrated mechanism in place in which officials in the State of Oklahoma incarcerates people of color and remove their children from their homes through the Child Protective Services (CPS) system, only to place these children in privately owned foster care facilities and/or adoption agencies that operate for profit.

It appears that at least some of the foster care and adoption agencies in Oklahoma that participate in this dynamic are owned, at least in part, by State officials responsible for passing and enforcing the laws of Oklahoma, from which they profit. It should be noted that Oklahoma’s CPS system was found to have been responsible for the death, rape, and maiming of many children processed through this system via a federal class action lawsuit that resulted in a consent decree that is not being properly enforced.

CPS employees have come out as whistleblowers to advise that the “proof” of compliance with the consent decree is falsified information and Oklahoma isn’t taking this federal court consent decree as anything other than one more thing to lie about. It should also be noted that all of the individuals involved in these behaviors appear to be Republicans, or they were at the time the data we collected were gathered.

From what we’ve seen so far in our data, it appears that Oklahoma lawmakers and judges are incarcerating people so they can steal their children and sell them for profit. If true, that’s a legitimate State-sponsored human trafficking ring that needs to be shut down immediately. But, it isn’t a Satanic group of Hollywood actors and Democrats eating and raping children.

While this possible human trafficking ring has not been investigated as such to my knowledge, thus far, it’s one of those things that can’t last forever without someone getting caught. Nyanza and I are working to get enough evidence together to get the situation investigated, and she’s been filing documents this whole time, but that’s how you address these things. We are availing ourselves of the mechanisms of our imperfect, but better than anarchy, democracy to fix this heinous problem. Whatever is responsible for Oklahoma’s ridiculous incarceration and CPS numbers is a problem that needs to be fixed, regardless of what it is.

This is painful because we know of families suffering horribly because of what is currently happening until this gets resolved, but justice can take time. I’ve learned that lesson from 30 years of working cases from IEP meetings all the way up to the 9th Circuit Court of Appeals, and you don’t always win. But, you always make a difference, even when you lose on some technicality. I’ve had cases where we lost on an issue, but just barely. The involved districts knew the next time they pulled the same stunt, they wouldn’t necessarily get lucky again, and have changed their practices as a result.

What I’ve learned from relying on the rule of law to address failures of the system is that you have to look at things in the aggregate. It becomes a measure of how many things I’ve prevailed on versus how many things I have not, and I’ve prevailed on more things than I haven’t. Overall, my work is highly effective. On a day-by-day basis, it’s a mixture of resolution and being obstructed by law-breaking public servants.

You have to get to the point where you can identify when it’s time to negotiate and when it’s time to collect evidence and file a complaint of some kind. We have processes and procedures already to address all of the concerns raised by Ms. Priola’s resignation letter, none of which involve insurrection and execution of elected officials.

So, having said all that, now I have to turn to the issue of people who think like Ms. Priola who are still employed in public education. I first have to say that she may be in the minority, but we don’t know how large or small that minority is because they have not been outspoken within the public education context, thus far.

Further, because I have been dealing with disordered thought on the part of school district personnel that results in harm to children for the last 30 years, I’m willing to believe that people whose thinking is as impaired as Ms. Priola’s appears to be are still deeply rooted in special education, right now. Whether their disordered thought makes them vulnerable to Q-Anon and similar propaganda or not isn’t anything I can answer. But, Ms. Priola’s departure from science in spite of her scientific training is consistent with much of what I see in special education when things go wrong.

What this really comes down to is a concern that I’ve had for years and have spoken about with colleagues, but we haven’t really figured out the most appropriate way to address it. What is happening now and the national dialogue around it may have finally opened a door to deal with this issue, and that issue is the societal impact of having so many members of our population who are apparently incapable of logical thought when it comes to abstract concepts like justice, democracy, and fascism. And, it circles back around to the quality, or lack thereof, of our public education system.

One of the tools I regularly use, or request that it be used, in special education is a standardized assessment called the Southern California Ordinal Scales of Development (SCOSD). The history of what led to the SCOSD’s creation is a story unto itself, but suffice it to say that it is a scientific way of measuring all the different domains of development according to Piaget’s stages of development.

The SCOSD breaks development down by subtest into cognition, communication, adaptive abilities, social-affective functioning, and motor skills. It is possible for an individual to function at a higher developmental level in one area than other areas. Each person’s outcome on the measure paints a picture of their relative strengths and weaknesses across the developmental domains. When working with children and young adults with developmental disabilities, this becomes important to designing effective programs for each of them.

What I’ve come to realize from the data I’ve seen produced by the SCOSD over the years is that it is possible for someone to have age-typical cognitive and communication skills, but then have below age-typical social/emotional functioning. What this means is that their emotional development is delayed while their abilities to acquire academic and job skills are intact. They can emulate adult behavior, but their motivations are child-like because of their delayed social/emotional functioning.

When otherwise intelligent people get whipped up into an emotional frenzy over things not supported by any credible evidence, this disconnect between intelligence and social/emotional functioning is apparent. When otherwise intelligent people argue against evidence that they did something incorrectly, this same disconnect is again apparent.

This disconnect is what I’ve been fighting over the years more than anything else. Any reasonably intelligent and socially/emotionally intact person would not engage in the kinds of crap I encounter in the public education system. Most of what I encounter in the public education system is the consequence of ineptitude, not a cabal of cannibals.

If any kind of cabal exists in public education, it’s the same one currently running the American Presidency into the ground. All of this makes me think of the right-wing folks in Orange County, California, who started a non-profit membership organization, self-described as a “brotherhood,” of school district officials who would all pay membership dues and then use that money to finance legal battles against parents of children with disabilities.

It also makes me think of Lozano Smith, a law firm that infamously (within special education circles) got eviscerated by a federal court judge after trying to lie, cheat, and steal in a special education due process appeal. The firm, the responsible attorneys, and the district it was representing all got sanctioned for jerking everybody, especially the court, around with their lies.

All of the firm’s attorneys were ordered to participate in additional ethics training, in addition to the reprimand and sanctions meted out by the court. At the time, Lozano Smith had over 200 attorneys on staff statewide throughout California. Shortly thereafter, most of them jumped ship and went to different firms or started their own firms. It’s quite reminiscent of what we are seeing in Washington, DC, right now, as cabinet members and other high-ranking personnel turn their backs on the outgoing President in the wake of all the destruction and death he has caused.

Lozano Smith is still around, but I haven’t encountered them in the field in several years. The last big thing I saw from them was in 2013 when my colleague, David Grey, prevailed on a case at the 9th Circuit against two school districts engaging in the same violation of the Americans with Disabilities Act (ADA). At least one of the involved districts filed an appeal to the U.S. Supreme Court, but it was shot down; the Supreme Court declined to try the case.

When the Supreme Court appeal was first filed, Lozano Smith, which had been uninvolved at that point, wrote an amicus brief that looked like something that could have been produced by Sidney Powell and Rudy Giuliani. It made nearly hysterical arguments about how the 9th Circuit’s interpretation of the ADA would undo decades of precedent within the public education system, as though decades of an established practice of discrimination should be maintained.

The point is that the conservative “fringe” has never been the “fringe.” To quote Stephen Colbert, “Lunatic fringe? There were tens of thousands of people in that murderous mob. The day after the riot, a poll found that 45% of Republican voters backed the attack on the capitol building. That’s not a fringe! That’s almost half the outfit! If you wore a suit that was 45% fringe, you’d be arrested for public indecency! But at least we’d be able to see through your pants to know you don’t have any balls!“

Based on how scholars look at the political spectrum, conservatives have gone further and further to the right towards radicalization as the left has remained predominantly centrist. The far right looks at centrist politics and mischaracterizes them as the “radical left.” Democracy is not the radical left.

Conservatism is no longer part of democracy in this country; it’s become a movement towards dictatorship in which 45% of the population believes it needs to be led by the nose by a demagogue. When left to think for themselves, these individuals run towards authoritarianism, thinking these leaders understand their needs and will fight for them, rather than exploit them to help take over and then kick them to the curb when they no longer serve a useful purpose.

It’s my suspicion that, once the people who participated in the insurrection realize that the 45th President will let them rot in jail for taking up his cause while he claims to have nothing to do with any of them, his base will finally get the backstabbing that has been coming their way this entire time and will realize he’s not in their corner like they thought. We can at least hope getting stabbed in the back will have this effect.

We’re going to have to watch the prosecuted go through this epiphany over time as we try each of their cases one by one. The stories we’re going to hear from these people are going to reveal legitimate unmet needs, impaired problem-solving skills, and exploitation of those factors by Republican terrorists looking to radicalize them.

Those of these defendants with the mental wherewithal to realize they’ve been played and the emotional stability to own it will turn on those who exploited them, as have many former allies of #45, such as Michael Cohen. Those who don’t have the emotional stability to own the fact that they made a mistake in judgment will continue to assert they’ve done nothing wrong and describe themselves as political prisoners rather than criminal insurrectionists and traitors.

In the minds of the insurrectionists, as they’ve reported themselves, they were responding to the call of their President to defend democracy. If that’s what you’re really doing, defending democracy isn’t bad. But democracy relies on the rule of law. You defend democracy by participating in it and putting its mechanisms into constructive use, not trying to overthrow it.

If our democracy is not working for all of the people – and people of color, indigenous people, LGBTQ+ people, women of all stripes, and people challenged by disability can attest that it has not for a very long time – we need to fix it. What boggles the mind is that now that groups made up mostly of white males in this country are finally beginning to experience the lack of undemocratic entitlement and advantage they’ve historically known, their response to advocate for themselves is to engage in insurrection. This means that what they want is nothing a true democracy would ever give them, and that tells you all you really need to know about them.

There is absolutely a silver lining in all of this, and I rely on Applied Behavioral Analysis (ABA) to inform that determination. In ABA, there is a term that I’ve discussed in previous posts called “Extinction Burst,” and that’s part of what we are looking at with the current state of things. In an Extinction Burst, a behavior that had previously been reinforced is no longer being reinforced, and the organism tries to force reinforcement to come by escalating its behavior.

Think of it this way: If, every day, you put money in a vending machine and a candy bar comes out, the candy bar reinforces the behavior of putting money into the machine. But if, one day, the candy bar gets stuck and won’t come out of the machine, what do we do? Walk away sad? No! We beat on the machine in an effort to make the candy bar dislodge and come out.

That’s an Extinction Burst. If the candy bar dislodges and comes out, it reinforces the behavior of beating up the machine. If beating the machine doesn’t work, then you walk away sad. After than, you’re less likely to use the machine again. If you stop using the machine altogether, the behavior of putting money into it becomes extinct.

What is happening in this country with the radicalized right is an Extinction Burst. Behaviors engaged in by the right wing that were previously reinforced are no longer being reinforced. The behaviors of the 45th President, his co-conspirators, and his followers over the last five years, leading up to January 6, 2021, and what may still yet happen as the 46th elected President takes office, have been an extended Extinction Burst.

The most important thing about an Extinction Burst when you’re trying to extinguish an inappropriate behavior is that you cannot allow it to produce the reinforcement being sought. If you want someone to give up on the candy machine, there can be no way to beat the machine until candy comes out.

We want the radical right to give up on trying to destroy democracy, so we cannot allow their behaviors to result in the reinforcement they are seeking, which, here, is to remain in power regardless of the will of the people. This includes holding them accountable according to the letter of the law. That’s what I’ve been doing in my niche of governmental accountability for the last 30 years and it’s the only way to preserve democracy going forward.

The other silver lining, here, is that in spite of all their efforts to overthrow democracy, it’s our democracy that will ultimately prevail. When we apply the rule of law to what they have done, democracy will have the opportunity to defend itself.

What saddens and scares me the most is the number of people whose developmental weaknesses and mental health conditions are being exploited by the right wing to radicalize them into becoming domestic terrorists while convincing them they are upholding American principles through their terrorism. When we talk about the mental health problems in this country, we tend to point to homelessness and addiction issues, like this is the only way they can hurt us.

As an advocate for people with disabilities, I am torn between being sad for and fearful of these individuals. On the one hand, we absolutely need to hold them accountable under the law. But, we prove the point that the system is skewed towards specific demographics when mentally ill right wing radicals suddenly get criminal consequences and nothing to address the real-world problems that they couldn’t solve that propelled them into radicalism.

In the end, once again, it’s people with disabilities being used as political pawns by self-serving, undeserving, overpaid public officials looking to line their own pockets with taxpayer dollars as part of a grift. This is something I know all too well in special education.

I’m willing to believe, in light of the evidence thus far, that decades of special education failures have produced an entire class of emotionally disturbed adults who are still vulnerable to the manipulations of public officials and that Ms. Priola and many of her compatriots are among them. I’m also willing to believe, in light of the evidence thus far, that the people manipulating them are just as mentally ill; they just have money and power.

I will never pretend to have all the answers, here, but I do know a thing or two that can help. All of us do. We need to weave our efforts together to repair the fabric of our country and make it stronger than it was in the first place. It’s not impossible. This country’s founding was far more difficult than its current preservation and we can do this.

Fascist Trends in Special Education Non-Compliance

Photo credit: Gilbert Mercier

“Fascism” is a scary word that is far too often slung as an insult by people actively engaging in it who don’t understand what it actually is. In today’s post/podcast, I want to talk about what fascism actually is and how it shows up in all aspects of public agency functioning, but particularly how to recognize it in special education.

Unfortunately, these days, there are no better angels to appeal to within many public agencies, including public education agencies. It’s not that the entire barrel of apples is spoiled, but enough of it is that the good apples either leave or go bad, too.

Bureaucrats accustomed to gaming the system for their own financial gain at the expense of children with special needs have historically engaged in some pretty unscrupulous behaviors over the years, but they just could not resist the opportunity to exploit the pandemic to advance their self-serving agendas. They’ve become experts at seizing upon opportunities to escape/avoid their job responsibilities while still collecting their government paychecks.

For far too many individuals, employment in public service has become a form of welfare fraud, only public agency employees get more free government money and perks in exchange for nothing than actual welfare recipients, who have to perform for the pennies on the dollar they receive by comparison. In California, for example, the average special education director is paid around $125K per year plus benefits with support administrators each being paid around $100K per year at taxpayer expense, regardless of whether their students receive educational benefits or not.

So, how does that relate to fascism? And why is it such an inflammatory word when it simply describes a frame of thought?

My theory is that either the people who find the terms “fascist” and “fascism” inflammatory are engaging in fascist behaviors and don’t want to be called out on them, or they don’t actually understand what fascism is and that they are actively engaged in it, thereby simply taking it as an insult. So, before we start talking about the fascists that have been employed in local government over the last 100 years, lets first arrive at an understanding of what these terms actually mean.

Before we can talk about what fascism is, we first need to talk about what our democracy is supposed to be. The most basic summary of American democracy is that it is a system governed by the rule of law, which is created by legislators elected to represent the interests of their constituents wherein the majority rules. Being ruled by laws of which no one is above, rather than a dictator or an authoritarian regime, is an essential element of a democracy.

Another essential element of a democracy is the belief that every person, regardless of what makes them unique, is afforded equal rights under the law. The fact that we need laws like the IDEA, Section 504, and the ADA make clear that, if left to their own devices, our public schools cannot be trusted to afford equal rights to their students with special needs. They have to be regulated or they can devolve into little fascist regimes of their own, depending on the communities in which they are located.

The last 29+ years of working in this field has convinced me that even those laws are not enough. Fascists who have been within the system since before these laws were passed made these laws necessary in the first place to ensure that democracy is afforded to every child in the public education system. One of the most historically significant pieces of litigation in IDEA history is PARC v. Pennsylvania, in which it was determined that denying children with disabilities equal access to education is unconstitutional

The fact that our federal government has been kidnapping and locking up babies coming to our borders through the the legal asylum-seeking process with their parents speaks to the degree to which the rights of any child in this country are not honored in general, much less when children have disabilities. Recent feedback from the American Association of Pediatrics has described this conduct as institutionalized “child abuse.”  The American Federation of Teachers has called this conduct “crimes against humanity” (see https://youtu.be/3lMhuv3EXLI).

A government that disregards child welfare at all, much less to this degree is monstrous, hence today’s discussion of fascism.

fascism
[ˈfaSHˌizəm]

 
NOUN
fascism (noun)
  1. an authoritarian and nationalistic right-wing system of government and social organization.
    synonyms:
    authoritarianism · totalitarianism · dictatorship · despotism · autocracy · absolute rule · Nazism · rightism · militarism · nationalism · xenophobia · racism · anti-Semitism · chauvinism · jingoism · isolationism · neo-fascism · neo-Nazism · corporativism · corporatism · Hitlerism · Francoism · Falangism
    antonyms:

Source:  https://www.bing.com/search?q=fascism

So, basically, anything undemocratic is fascism. Denying children with disabilities equal access to education has already been determined to be unconstitutional. If it’s unconstitutional, is undemocratic. If it’s undemocratic, it’s fascist. Ergo, denying children with disabilities equal access to education is fascist.

Nazis are fascists. They do not believe that all people have equal rights and individuals with disabilities top their list of people who don’t deserve to live, much less be given equal access to anything. All fascism includes biases against other humans on the bases of observable physical traits and/or behaviors.

In Hitler’s Germany, it was the medical community that turned its back on individuals with disabilities, using science without ethics to justify mass killings and inhumane experimentation that were legitimized as “medical procedures.” After Hitler purged the country of somewhere between 6,000 and 7,000 Jewish doctors, more than 7% of all remaining German medical doctors joined the Nazi party, a much higher percentage than in the general population at that time. By 1942, more than half of Germany’s medical doctors and professionals with PhDs in related fields had joined the Nazi party.

Doctors working for Hitler’s Nazi State rather than patient welfare then embarked upon many of the most unethical human experiments conducted in modern history. Using Mendelian genetics to guide their decision-making processes, they saw extermination as the correct solution for developmental disabilities like Autism and Down’s Syndrome, which they regarded as genetic defects. This abandonment of the Hippocratic Oath to do no harm facilitated the Holocaust.

Murder and dismemberment in the name of science were visited upon every class of individuals captured by the Nazis, including people with disabilities, during the Holocaust. At the time, there were no international laws governing the behaviors of doctors. After the war, following the Nuremberg Trials, the Nuremberg Code was created in 1947, which established a set of research ethics for human experimentation.

In the early 1970s, when the special education and related civil rights laws were created, these ethical standards had long been established as a matter of law, but not necessarily common practice. The concept clearly did not generalize from the medical community to the education community, and much hell has been raised by school district officials and their lawyers about public education agencies not being liable for educational malpractice.

In my opinion, educational malpractice should be a criminal offense, complete with jail time and fines. Acts of unconstitutional conduct carried out under the color of public office cannot be tolerated in our democracy, whether we’re talking about extrajudicial killings by police or denials of a Free and Appropriate Public Education (FAPE) as a result of malice and/or neglect.

These laws only became necessary, and were finally enacted in the 1970s, because the intrinsic educational and civil rights of children with disabilities were being denied all over the United States. Professional ethical standards alone were not enough to protect students with special needs. Just as with the Nazi doctors and the Nuremberg Code, laws had to be created after the fact to hold people accountable for their unethical treatment of individuals with disabilities, including school-aged children, here in the United States.

The laws that protect students with disabilities have always been difficult to enforce. In no small part, this is because the fascists already employed within the public education system who viewed children with disabilities as second class citizens continued to undermine these laws from within their public education agencies after these laws passed.

As a more visible example of what I’m talking about, consider one of the most famous “Karens” in our social awareness, Kim Davis of Broward County, Kentucky. While she got elected to serve the public, taking an oath to abide by the rule of law and fully knowing that the Constitution requires a separation of church and state, she refused to issue marriage licenses to same-sex couples following the landmark federal lawsuit Obergefell v. Hodges, because her religious beliefs require her to engage in discrimination on the basis of sexual orientation.

This is fascism. She denied equal Constitutional rights under the law, refused to abide by the rule of law, and abandoned the separation of church and state in favor of her religious beliefs, which clearly do not align with the Constitution or democracy in general. She then claimed that she was being persecuted for her religion when she was put in jail for refusing to do her government job according to the rule of law.

This kind of behavior has been going on since the laws that protect children with disabilities were passed in the 1970s through to today. And, now, we have the consequences of this pandemic impacting an already unconstitutionally dysfunctional system and exposing all of its flaws for the whole world to see.

The thing about hard times is it quickly reveals who the fascists are. They are the ones advocating for a return to the previous status quo in which they were the beneficiaries of inequities while actively denying the existence of the obvious inequities in our publicly funded systems.

It has become the norm that agencies created by our democratic rule of law and funded with taxpayer dollars routinely violate those laws and misappropriate those dollars at the expense of the very constituents these agencies were created and funded by the taxpayers to serve. This has to stop or democracy is truly dead in this country.

Such is often the case in special education, just as a matter of routine. But, now this pandemic has really shown everyone’s true colors and there is little that is beautiful to behold. Just as peaceful protests against police brutality are being met with more police brutality, parents advocating for remedies to address their children’s special needs are being met with more frequent and egregious violations now that the circumstances have changed in response to the pandemic.

Clearly, public safety is of paramount importance and I will never dispute that plain fact. But, public safety does not require the end of democracy, and I’m not talking about masks. Don’t be an idiot; wash your hands, wear a damn mask, and socially distance yourself from other people.

Public safety is equal in importance to the constitutional rights of children with disabilities, not greater. These children have a protected legal right to equal access to public education. Further, special education students have a protected right to individualized educational programs designed and delivered according to the peer-reviewed research (34 CFR Sec. 300.320(a)(4)).

Local government agencies performing according to their legal mandates is democracy in action. This pandemic is not so apocalyptical that certain classes of individuals suddenly cease to have legally protected rights. Fascism denies their rights, not a virus. Local education agencies refusing to perform according to their legal mandates is fascism in action.

Further, as I’ve previously reported here, none of the applicable federal laws have been waived as a result of the pandemic. States and local governments do not have the legal authority to waive the federal requirements; they can only describe with State law how the federal laws will be implemented within the State, and local education agencies can, at most, create policies about how they will individually comply with the State’s implementation requirements of the federal regulations.

No local school district has the legal authority to refuse to abide by the laws, particularly those that regulate its purpose and existence. Nothing could be more undemocratic – more fascist – than that.

And, yet, here we are with our most vulnerable children languishing and regressing developmentally with every passing moment because a bunch of “tax-fattened hyenas,” to quote the great Berke Breathed, saw fit to use the pandemic as an excuse to not expend public dollars on the members of the public for whom those dollars were intended, while continuing to collect six-figure annual salaries in exchange for nothing. This isn’t just a civil rights issue. Just like police reform, it’s a taxpayer issue.

What this pandemic has done, among other things, is expose every crack in every system throughout all our systems of governance. And, those cracks are the consequences of systemic non-compliance with regulatory mandates, as well as failures of those mandates to adequately describe courses of action that prevent non-compliance.

There is no proactive oversight of local education agency compliance with special education and related civil rights law; the burden falls to the shoulders of largely uninformed and/or unempowered parents to file complaints or litigate in order for the law to be enforced, which means it usually is not. It’s a matter of “When the cat is away, the mice will play.”

Without proactive oversight and enforcement, public agencies are adrift at sea, inventing their own ways of doing things while often unaware of their legal obligations. There is no real quality control in special education. There’s just school district lawyers who jump in after the train has already wrecked to argue that it really didn’t for ridiculous dollars per hour at taxpayer expense.

It’s one thing to point this stuff out. It’s another thing to do something about it. My thought process is that the IDEA is overdue for reauthorization. Presuming democracy is preserved with the upcoming election and we haven’t descended into dictatorship, there is going to be a lot of public agency and legal reform coming down the pike for the next 10 years, at least.

Historians, anthropologists, sociologists, and psychologists will all be looking at the last four years and what led up to the current state of affairs in our nation under a microscope for the next 100 years, at least. The data they will be generating will inform vast improvements to our social systems and create systems for ongoing improvement as our society evolves and encounters new challenges, so long as the rest of us make sure that happens.

Right now, one of the most powerful things that parents of children with special needs can do is vote for the candidates they believe will take action to make sure that our publicly funded government agencies actually perform according to the regulatory requirements and achieve the purposes for which they exist, including the application of valid science to the delivery of services intended to benefit the public good. Maybe then we can finally become the democracy we’re supposed to be.

Regression, Compensatory Education, & Quarantine

Photo Credit: Dan Gaken

One of the many populations of individuals directly negatively impacted by the current quarantine is the special education population. Among those students are those whose impairments are significant enough that any significant disruption in their school routines will cause them to regress, which is to lose learning they had previously acquired.

Regression happens for students such as these during lengthy breaks, like summer, which is why we give them Extended School Year (ESY). By extending the school year through periods of normal breaks, we prevent them from losing ground. When kids regress from disrupted instruction, once the instruction resumes, that time has to be spent on recoupment, which means re-teaching what was forgotten. That means time spent re-teaching previously known information instead of adding onto it with new information. For kids already behind in the first place, this puts them even further behind.

Compensatory education can be used to make up for regression and can take different forms. Sometimes its intensive services over a summer break so the student is where they should have been by the time school starts back in the fall. Other times, it’s supplemental services being provided outside of the regular school day in addition to the instruction being provided during school, though that can be pretty tough on a lot of kids. Sometimes, it takes putting the student into a more restrictive, but more intensive instructional placement for a period of time so they can catch up in their learning before being returned to the public school setting with services in place that will prevent them from regressing again.

Compensatory services can be provided in other contexts, as well, regardless of whether regression has occurred or not. When families find it necessary to take their Local Education Agencies (LEAs) to due process to achieve remedies for the deprivation of educational benefits, compensatory education is the likely remedy, though the form it takes varies from case to case.

From a procedural standpoint, if an IEP calls for a specified number of service minutes for a particular intervention and not all of those services minutes are provided as they should be, a minute-for-minute compensatory remedy is due simply as a matter of procedure. The regulatory procedures require that IEPs be implemented as written and, if they aren’t, whatever services that weren’t provided according to their mandatory statements of frequency and duration remain due to the student.

An Individualized Education Program (IEP) is a legally binding contract that obligates LEAs to deliver on it as written, so if they don’t, they have to make up the services minutes to which they committed themselves as described by the affected student’s IEP. When compensatory minutes are ordered following a state-level compliance complaint or due process case on the basis of procedural violations, the compensatory services are minute-for-minute as described by the IEP because the number of service minutes the student should have received are documented in the IEP, which the LEA is legally obligated to implement as written as a matter of procedure.

However, compensatory education can also be ordered by a judge in due process on the basis of substantively inadequate IEPs. In such instances, a student’s IEP does not contain services that it should, so they can’t be enforced as a matter of procedure. When necessary services are left out of an IEP such that the student suffers a deprivation of educational benefit, or when services in the IEP are not delivered as the result of a procedural violation and the student then regresses, now you’re talking about substantive harm.

Failing to follow the rules and owing something previously promised is one thing, but causing further loss of learning by failing to implement the IEP as written such that regression occurs is a much bigger issue. Failing to teach necessary instruction because it was left out of the IEP is just as big of an issue, if not bigger.

When special education students are deprived of educational benefits by their LEAs, how much of what kind of services they get to make up for those deprivations has to be figured out on a case-by-case basis. Judges rely on expert testimony and evidence, usually assessment reports, to figure things out when these cases go to hearing. How well a student’s attorney argues the case has a lot to do with how much compensatory education that student will get for any sustained allegations of substantive harm.

Those are the basics of how and when compensatory education can be ordered. Compensatory education can also be negotiated as conditions of settlement to prevent any kind of regulatory and/or judicial intervention. I’ve even had situations in which procedurally owed compensatory service minutes are written into IEPs at IEP meetings without lawyers and lawsuits even coming up in the conversation. This latter action has usually occurred when there was a temporary lack of a qualified provider and the service minutes had to be made up once the position was filled.

All of this is based on how things were before the quarantine and, at least for right now, no waivers of the Individuals with Disabilities Education Act (IDEA) have been authorized by Congress. Parents and educators are still waiting to find out if any waivers will be passed in the near future (sign our petition to ask Congress to not authorize waivers), but for now, the law still stands as it always has.

Any child whose IEP is not currently being implemented as written, right now, is going to be owed compensatory minutes purely on the basis of procedure. If a kid’s IEP calls for 30 minutes per week of speech/language services and that kid has been in quarantine for six weeks without those services, that kid is now due 180 minutes of back-due speech/language minutes, and that number will continue to grow for so long as that kid continues to go without those speech/language services.

Dealing with procedurally required compensatory services along these lines is going to be burdensome enough on LEAs after people adjust to quarantine and new ways of doing things are put into place, as well as once the quarantine is over. Both state and federal education agency officials have already started talking about how they’re going to tackle that.

Dealing with kids who are due compensatory remedy because they were deprived of educational benefits during quarantine because necessary services weren’t in their IEPs in the first place and/or they regressed in the absence of services that were written into their IEPs but not provided, is going to be a whole other thing that is likely to burden our due process mechanisms and take money out of the classroom, virtual or otherwise, to pay lawyers. The substantive compensatory education claims are going to be significant and the reality is that an ounce of prevention is worth a pound of cure.

Compensatory remedies are never as effective as the instruction students receive as a matter of a Free and Appropriate Public Education (FAPE). For one thing, IEPs are based on present levels of performance when they are written. Those present levels establish where the student was performing at the time the IEP was written and the IEP goals target learning outcomes for a year down the road, relative to the baselines established by the present levels.

When kids regress from lack of instruction, their present levels of performance move backwards, not forwards. When kids fail to learn for lack of appropriate IEP goals and, thus, a lack of appropriate IEP services, further deficits are induced on top of the deficits that were already there as a result of their disability. When these same kids sit at home not getting appropriate special education, they fall further behind and no amount of compensatory services will ever restore them to where they should have been had their services been appropriately provided in the first place.

Many special education students were facing IEP implementation failures and/or poorly constructed IEPs before the quarantine. Now, many more are joining them in the “Deprivation of Educational Benefits Club,” as they sit at home without adequate services to see their IEP goals met and/or without adequate IEP goals to drive the provision of necessary services. Further, because their learning environments have dramatically changed, many of these children now have new needs specific to learning at home that are not addressed by their IEPs.

Behaviors in response to parents’ attempts at instruction top the list. Parents without any kind of training in delivering specialized instruction are attempting to nonetheless do so without the support of behaviorists that would otherwise be provided to credentialed special education teachers. Most parents give up in exasperation because they have to decide between the lesser of two evils: behavioral regression or academic regression.

Recoupment of academics is usually a lot easier to achieve than remediating a big behavior problem. Remediating a behavior problem requires the student to unlearn maladaptive strategies and replace them with adaptive ones that have to be taught.

Remedial academics just involves new learning; kids generally don’t have to unlearn something inaccurate, first. At worst, they’ll have to be retaught something they learned previously but forgot, before they can pick up with new stuff, again.

Parents who have the means, right now, are working their health insurance to get online speech/language services, consultations with specialists like Occupational Therapists (OTs), and online social skills groups. They are paying out of pocket for online tutors and classes to give their kids some kind of academic routine. Many of those out-of-pocket costs are going to be recoverable as a matter of compensatory education.

There are two ways that compensatory education gets funded:

  • If it is agreed-to or ordered first, it is provided thereafter at the expense of the LEA. Either the LEA pays for it directly or the parents pay for it and the LEA reimburses them, as agreed to by the parties or as ordered by the judge in due process.
  • If it is not agreed-to or ordered first, parents pay out of pocket for the services, then request reimbursement after the fact. If that’s the case, either their LEA will agree to reimburse them, usually via a confidential settlement agreement, or the parents will have to file for due process and prove to a judge that they had to pay out-of-pocket for the services because the LEA failed to provide them, they were educationally necessary, and their child would have likely regressed or otherwise been denied a FAPE without them.

That’s something that some families should seriously think about, right now. Not everyone is out of work. Not everyone is without resources. If savings or lines of credit can be used to provide services in the home, now, while waiting for the local LEA to get its act together, parents can sit on their reimbursement claims until the dust settles. Due process claims come with a two-year statute of limitations. A denial of a FAPE that began on March 1, 2020 will remain viable until February 28, 2022, for example.

Families that have the means to privately fund what their children with special education needs are not currently getting should do so just because it needs to be done, regardless of whether they can recover those monies from their local LEAs or not. But, because the taxpaying public has already paid the LEAs to render a FAPE but they aren’t, parents should still keep their receipts in case they are able to recover their out-of-pocket later. The focus should be on keeping your kids moving forward in their learning and preventing regression. You can worry about the money later, given that you’ve got two years to act on your reimbursement claims.

However, for families that do not have the means to pay out-of-pocket for now, there is a tremendous need for immediate intervention. As LEAs scramble to come up with solutions, one that seems obvious to me but which might not occur to others is to open up the provision of related services by private providers that are not currently licensed as Non-Public Agencies (NPAs).

There are more qualified providers that are not licensed as NPAs than there are providers that are licensed as such. The barriers to entry into the NPA arena are ridiculous and multitudinous, plus they get paid at Medicaid rates, which is usually less than what it costs to deliver the services, so providers can’t keep their doors open by operating as NPAs.

Most NPAs are also set up to do business with other agencies and private insurance, which offsets the shortfall created by their NPA business. In many states, becoming an NPA is more of a marketing expense to get the agency’s name out there in front of people, build up a trusted reputation as a provider, and then dump the NPA status to carry on with private insurance and other agency contracts in exchange for payments that actually keep their doors open.

While NPA licensing requirements may have been created to keep the sketchy people out, they actually achieve keeping most of the really good people out, too. Now is the time to reform that process so that we have more providers that can reach into the homes via whatever safe means possible of the special education students who are currently being denied a FAPE and regressing at this very moment.

In-person services can be provided with adequate Personal Protective Equipment (PPE) and safety protocols. Not every special education student is able access instruction online. Those who can, should, but that still takes a lot of skill and expertise to facilitate. When you’ve got a kid at home with a parent refusing to participate and no in-home behavioral services to facilitate their participation, the parent sits there helpless as the parent/child relationship suffers and no learning occurs.

By relaxing the NPA licensing rules and letting non-NPA providers that are otherwise qualified with the proper professional certifications, such as Speech-Language Pathologists (SLPs) and OTs who are medically certified, a great many students can still receive services at home who otherwise wouldn’t due to LEA staffing limitations.

The goals that were determined to be educationally necessary by each child’s respective IEP team are still educationally necessary. The services determined necessary to see those goals met in a year’s time are still necessary.

The only thing that has changed is placement, and now IEP teams need to figure out how to deliver services in the current placement such that the goals are still met. This is the same line of inquiry every IEP team has to pursue when normally making placement decisions. Placement is driven by what learning environment is the Least Restrictive Environment (LRE) in which the services can be delivered such that the goals are met. That’s best practices according to educational science, plus it’s the law.

Now that placement changes have been forced on everyone because of quarantine, it’s time to back up the conversation to that point, again, where services necessary to see the goals met in the current placement have to be identified. That said, new goals may actually be needed to address how the student functions in the home learning environment. New evaluations may be needed to inform what those goals should look like.

One thing is certainly clear from all of this: the next time the IDEA gets reauthorized, it will need to include language that describes how it will be implemented during a national crisis. The absence of any such language automatically puts LEAs out of compliance when disaster hits, which benefits no one; leaves students stranded without a contingency plan, deprived of a FAPE and actively regressing with each passing day; and creates compensatory education claims that will become a greater burden on the public education system than serving these students appropriately during a crisis in the first place.

USDOE’s COVID-19 Special Ed Guidance to State & Local Ed Agencies

The United States Department of Education (USDOE) has issued guidance to state and local education agencies regarding the implementation of IEPs and the provision of a FAPE during the current COVID-19 pandemic and resulting quarantines.

Click here to download the PDF.

The PDF includes links to other important resources, including the CDC’s guidance to schools regarding safety protocols. Much of the guidance provided by USDOE in its PDF mirrors what we’ve been saying all along.


Special Education Still Has to Be Individualized During Quarantine

During these unprecedented times of both urgency and delay, I’m finding that the ways in which I share relevant information with our audiences depends on the nature of the information that needs to be shared. Nuanced issues in which science and law become inextricably intertwined and live on as continuing issues, whether we’re in quarantine or not, remain appropriate for our Patreon patron-supported video channel, The Nexus of Special Education Science and Law, while time-sensitive updates and guidance to our audiences as to how to respond to various developments as they happen are more appropriate for our blog and corresponding podcast, Making Special Education Actually Work.

The reality is that producing the videos are way more involved than producing blog posts and podcasts. If we’re going to invest our limited resources into making a video, it has to address an issue that will remain an issue for some time to come and live a long and purposeful life before having to be replaced with a more current version. This is why our most involved video productions are only for our patrons on Patreon.

That’s fine for what it is. It’s highly technical stuff for a highly technical audience. Similarly, we have a podcast specifically for serious lay advocates to build their representation skills, but that is again highly specialized for a specific audience and patron-supported by its paying subscribers.

For information that is too time-sensitive to take days to be made into a decent video around my busy caseload and needs immediate attention from all our audience members for the sake of the general good, our regular blog posts and podcasts through Making Special Education Actually Work are much faster methods of getting the word out, and a great deal of that content is free. So, with all that in mind, today I find it necessary to use Making Special Education Actually Work serve as our most immediate method of getting the following information to the front lines as soon as possible. Some of my worst fears are being realized across my caseload and, presumably, across the country.

It’s necessary for me to remind everybody that special education is individualized to the unique needs of each student. Now, suddenly, hundreds of thousands of special education students have experienced radical changes to their educational programs that each require an individualized response. How they continue to make progress towards their IEP goals while sheltering in place must be individualized just like all the rest of their respective IEPs.

The scope of this issue is unprecedented. Suddenly, every kid in America on an IEP in a quarantined community needs an IEP meeting to modify their respective IEPs to fit the current circumstances. Conforming to the IEP timelines under the circumstances is going to be incredibly challenging for school districts and they may end up engaging in the educational equivalent of triage, figuring out who is at most risk of regression and allocating resources to those students first before moving on to the kids who are likely to recover lost educational benefits by way of compensatory services later on and aren’t at risk for as great an amount of regression as those that require the most immediate attention.

Chances are, the kids with the most costly and involved programs are going to be the ones most at risk of regression if their services get interrupted, so starting with those students is probably the most logical place to begin. These are also the cases in which local education agencies are most at risk of doing something that denies a Free and Appropriate Public Education (FAPE), simply because the needs of our most severely impacted students are so significant and any small exclusion can create significant harm, even if accidental.

The most severely impacted students tend to be a relatively small number and figuring out how to deliver individualized services to them that can be reasonably calculated to achieve their respective IEP goals can be resolved first, when the most flexibility among the available resources is necessary. Then, students with less intensive needs can follow, stepping down to the students with the least demanding special education and related service needs at the end of the process.

Trying to shoe-horn a student with severe special needs into a solution using whatever is left over after everyone else has picked the resources clean is discriminatory. Solving the hardest problems first also creates conduits through which other solutions can be implemented, making it easier to solve the more numerous less challenging tasks, and makes them even less challenging to solve. Local education agency dollars previously spent on facilities may need to be reinvested in technology, additional personnel, and plenty of Personal Protective Equipment (PPE), to keep up with the federal mandates to provide a FAPE to every eligible student.

How much leniency the various triers of fact will be willing to give to local education agencies in special education due process hearings and appeals over the two years that follow this pandemic will depend on the unique factors of each situation, including the reasons for any delays that occurred, as well as the unique needs of the student for which individualized responses were necessary but for which resources were not readily available. Regardless of how much leniency is reasonable under the circumstances, the expectation is still that a FAPE will be provided to each eligible student, in accordance with both Section 504 of the Rehabilitation Act, and the Individuals with Disabilities Education Act (IDEA).

Congress did not build any specific contingency plans into the IDEA or Section 504 with respect to implementation during times of emergency, and certainly none that make it acceptable to suspend the protections offered by either Act. There is nothing that says these civil rights laws, or any other civil rights laws that protect people with disabilities, cease to be in force under any circumstances. They are in force at all times, even times such as now.

Anything less is humanity devolving into the Lord of the Flies, and there is absolutely no need for that, but advocates for people with disabilities are having to argue for equality in health care, right now, which is reprehensible! At this moment, the shortages of medical supplies in the areas most severely impacted by COVID-19 are forcing health care providers to decide who lives and who dies, just like in a war zone. The elderly and disabled are the least likely to receive life-saving care, at this point, and it’s unacceptable that our health care providers are being put in the position to have to think this way. Whether or not a person has autism should not determine whether or not they receive life-saving care.

We’re going to lose tens to hundreds of thousands of Americans unnecessarily because of the poor federal response to this situation since it first began. Disability and/or a complex medical history doesn’t automatically make a person unemployed or unemployable. We are losing great minds and true talents to this disease among younger individuals who were compromised by pre-existing conditions. Further, we’re losing people of all ages who had no pre-existing conditions at all, making the unfair distribution of resources in favor of those without disabilities even less justified.

The fact that we are having to actively enforce civil rights law through litigation and formal complaints with respect to access to healthcare during a global pandemic is disheartening. It means that, now more than ever, we can’t neglect the other areas in which civil rights violations against people with disabilities are also occurring, which includes special education. There has to be a unified voice on behalf of individuals with disabilities across all domains to stand firm on the civil rights protections that are already on the books and expect everybody else to also play by the rules. This is no time for anarchy.

With respect to individualized instruction and specialist services, I have to point out that very few students with significant special needs are going to benefit from online instruction. As medical supply production starts to ramp up, now that various industries are retooling their assembly lines to produce enough masks, gowns, latex gloves, etc., to keep all necessary personnel adequately protected and safe, it’s going to have to be accepted as fact that some students simply require in-person services in order to receive educational benefits under the current circumstances, and the staffs who need to provide such in-person services will require adequate protection to stay well and prevent the spread of disease.

Given the immediate shortage of PPE, it’s understandable that this time right now can probably best be used to lay the administrative foundation for how in-person special education services will be deployed once the protective equipment becomes available. But, it also means that many students will be due compensatory service minutes for any time lost, particularly if they are already showing signs of regression by the time in-person services finally start.

Given that states are deciding to close down their schools through the end of the Summer 2020 break and start again in the Fall of 2020, this is going to be a long-term temporary period of interim special education and related services that will have to be tailored to each individual student affected, just as it was supposed to have been done for each student in their normal school settings. If school districts move quickly and strategically enough, they can get something in place and make up lost service minutes before way too many compensatory service minutes are owed to each student.

The good news is that the only things that should have to be changed, provided the goals already tackle every area of unique student learning need and are written in a measurable manner, are services and placement. The goals shouldn’t change. The learning outcomes that the IEP has been pursuing shouldn’t suddenly become inappropriate because of a forced change in placement in response to a national emergency. The quarantine has nothing to do with whether a student’s IEP goals target appropriate learning outcomes.

If you are a parent doing an IEP meeting (by phone or video conference, please!) and somebody from the school suggests eliminating a goal or putting it on hold, don’t go for it. Your child didn’t suddenly experience a reduction in the need to learn what that goal targeted. If they’re trying to get rid of it, it’s because they are struggling to come up with an inexpensive way to teach or provide therapy to it and they don’t want to have to pay what it’s going to cost to legitimately pursue it, which is not cool. It’s also totally unlawful.

It is my sincere hope that public education agencies will respond to the needs of their special education students timely enough to prevent regression and the need for compensatory services as much as possible. The faster and smarter they move on this, the less responsible for compensatory education they will be. If the education agencies go straight to each child’s IEP goals and ask, “Given the limitations with which we are currently faced, what services are going to have to be delivered either in home or in some other 1:1 instructional situation in order to still see these goals met?” they’ll cut to the chase and be as efficient as anyone can be under the circumstances.

IEP teams don’t have to start over at the beginning. They just have to go back to the point where they are trying to decide what services are necessary to meet the goals and how they can be delivered in the placement options currently available. When this conversation was last had for each student on an IEP, the placement options were more plentiful, so that conversation fit what was then the context. But, the context has now changed, so IEP teams need to return to the services and placement portion of the IEP process to address the fact that placement options are now very limited and a fair amount of creativity is going to be needed to work around the limitations that are now imposed by this quarantine.

The current situation also requires school nurses to come up with health care plans to go into each student’s IEP and tailor them on a case-by-case basis for students with unique needs that may require hands-on support for medical equipment, physical positioning, hand-over-hand instruction, and other close contact instructional methods and support services for which PPE will be critically necessary. It is important to include guidance to anyone having to implement an IEP in person as to how to conform to appropriate safety practices in the health care plan section of each special education student’s IEP.

Now is the time for strategic thinking. It’s all hands on deck for those of us who have critical thinking and problem-solving skills, and some of us are way better at things like that than others. I gladly defer to those who can understand things that are way beyond me, like sophisticated mathematical models. We need to defer to those who come up with the most effective and efficient methods of meeting public agency obligations regardless of their titles or training. We need to be working collaboratively rather than competitively. All of us who are trying to make public education work, regardless of the roles we each individually play, have to keep the timbers of the system from being rent apart, right now.

I know one of my students is, thankfully, already receiving in-home instruction from a credentialed special education teacher supported by a Board Certified Behavior Analyst (BCBA) for three hours a day, using safety protocols as per the Centers for Disease Control (CDC). However, I also know another one of my students is sitting at home having one meltdown after another while her mother pointlessly tries to access Google Classroom in the absence of any special education instructional or behavioral support services.

These students need specialist supports and services from experts with advanced degrees. Almost no parents knows how to deliver this kind of highly specialized instruction. When it comes to specialist-provided related services, like speech/language services or occupational therapy (OT), parents are even more at a loss.

The educational needs of most special education students, because of their increased risk of regression during lengthy breaks from effective instruction, are as significant to their development as is their medical health. Particularly when you are talking about students with developmental disabilities, disruptions in routines and services are likely to lead to educational losses that will take time to recoup; the longer the period of disruption, the longer the period of recoupment.

Recoupment comes at the cost of new learning. Time spent relearning lost knowledge is time not spent learning new information. Regression and recoupment always mean a student falling even more behind same-grade peers, even after lost learning is recovered. Further, developmental windows of childhood development narrow and close as time goes on. When children miss developmental milestones because they are kept in deprived environments, it stunts their developmental growth and it is very difficult to overcome the knowledge deficits later in life.

There are adults everywhere today who are maxed out at Concrete Operations, according to Piaget’s Stages of Cognitive Development, and that’s enough to get them by for the most part, but they don’t understand big picture concepts and tend to subscribe to magical thinking when it comes to things they can’t deduce from direct observation of physical objects and phenomenon.

Adults like these may be very accomplished at things that involve the manipulation of tangible items, such as using tools to make and/or repair things, or representations of tangible items, such as visual computer models. But, try to get them to explain the differences between democracy and fascism, or love and need, and they can’t do it. These are abstract concepts that require a fully functional pre-frontal cortex, which they don’t have.

And, that is the kind of thing that has me worried about all the students doing some kind of home school thing during this quarantine. We have inexpert parents, the older bunch of which were raised during a time prior to the Common Core and without the types of cognitive stimulation that come with it.

I’m middle aged and I can remember that, in my early adult years, adult literacy was still a big deal. Illiterate but employed adults bemoaned the idea of employers requiring a high school diploma for a job like carpenter, cook, truck driver, or factory worker, which were the types of jobs that large numbers of Americans were pursuing and occupying at the time. A high school drop out could make a truly comfortable living plucking chickens at the local chicken plant, back when I was a teenager and young adult, especially if working the graveyard shift. That was $20 per hour back in the late 1980s.

So, when I say that there are parents out there who are ill-equipped to home school their children right now, I’m not just whistlin’ “Dixie.” There are still a fair number of people my age or close to it who grew up surrounded by adults with a gross under-appreciation of the value of education and now have school age kids or grand-kids for whom they are responsible. They may appreciate the value of a good education, but since they never got one, they don’t have the knowledge necessary to home-school their children.

And, that doesn’t even begin to take into account all of the dysfunctional parents with actively manifesting mental health issues, which can include drug and alcohol addiction, who are now stuck at home with their poor kids and expected to teach them skills they never mastered, themselves. How many of them are actively using in front of their kids to deal with the stress of this situation? How many of them have lost income because of the current circumstances, can’t afford to re-up, and are now experiencing withdrawals while stuck at home with their kids?

You add special needs on top of an already weak family system and then put that family unit through a quarantine made necessary by a global pandemic, and something bad is bound to happen. For a lot of these families, their kids going to school every day is good for everybody involved. It gets the kids away from toxic adult behaviors and around more appropriate role models during the majority of their waking hours, while giving their parents a break that can facilitate peaceable interactions later when the whole family unit is together. For those kids from difficult situations at home who also have special needs, school-based specialist services and individualized instruction can be their lifeline to a better future and they need that lifeline now more than ever.

To the degree parents can be effective parts of an IEP implementation team under the current circumstances, parent counseling and training as related services are going to become increasingly necessary. Whether it’s done online, in person, or a hybrid delivery model of both, the parent has to be trained on how to implement those portions of the IEP for which he/she can assume responsibility during quarantine, which is an IEP team decision. 34 CFR Sec. 300.34 lists parent counseling and training as a related service that can be provided by an IEP.

Qualified personnel will have to make up the balance of the IEP services that cannot be delivered by a parent in consultation with special education and related service personnel. It is not educationally appropriate to delegate 100% of the implementation of an IEP to an inexpert parent. Specialist personnel are still required in some capacity and that has to be determined on a student-by-student basis, just as with any other aspect of an IEP.

While the IDEA does not include a contingency plan specifically for pandemics, it does have rules that provide structure as to the outcomes public agencies are expected to achieve and the mechanisms by which they can be achieved, even as they adapt to ever-changing situations. Public education agencies are just having to rely on these rules and tools to respond in a way never before anticipated. The fact that we can keep these institutions going under the current circumstances speaks to the construction of the enforceable laws, the tenacity of the American people, and the collective belief of our majority in preserving our institutions.

This is not the worst that things could be, as bad as it is for some people, right now. The majority of us will survive the virus, though those of us who survive are likely to lose people we know before it’s over. It’s up to those of us who are not willing to descend into anarchy to continue enforcing the laws that make us who we are, even under these distressing circumstances. We’re needed now more than ever. Human lives, whether they are disabled or not, are worth more than money, and we need to make sure that message remains resoundingly clear in the times ahead to come.

California Charter Schools & Special Education

Every state has its own rules and regulations regarding charter school organization, configuration, and authorization. In California, charter schools are public schools that take Average Daily Attendance (ADA) dollars away from the school districts their students would otherwise attend. It is unlawful for charter schools in California to charge tuition to their students for this reason.

Like all other public schools in California, charters are obligated to abide by the same standards of compliance as any traditional local education agency (LEA) with respect to civil rights and special education law. While charters often like to think of themselves as “schools without rules,” that really isn’t true.

The truth is that some regulations are made easier for charter schools in California, while others are exactly the same as those that school districts are required to follow. The problem is that a lot of charter operators and their contracted vendors either don’t know that, or they know it but don’t care.

Understanding the charter rules for a single state, much less all states and territories, is confusing enough. Recognizing the abuse of those rules can be even harder for parents of students with special needs who require accommodations as a matter of civil rights, which can include an Individualized Education Program (IEP). In my experience, trying to enforce procedure in California’s charter school universe usually ends in inter-agency political backstabbing and lawsuits.

To understand charter school compliance versus the climate of charter school politics in California, one needs examples. The one that most recently prompted my return to this issue was recently covered by The Camarillo Acorn in its February 7, 2020 article, “Online charter school faces laundry list of violations.”

Online charter schools are even more challenged to comply with education law than brick-and-mortar charter schools. That said, for the chartering LEA in this particular case, Pleasant Valley School District (PVSD), to squawk about a lack of legal compliance on the part of the school to which it issued a charter, that being Peak Prep Pleasant Valley, is a grievous instance of the pot calling the kettle “black.” 

I can imagine Peak Prep’s violations must be pretty egregious for PVSD to make a fuss about them in the media, and there is truly a fuss to be made as you can see from the article. But, the reality is that the Doctrine of Unclean Hands, at least as I understand it as a lay person, may preclude PVSD from saying a whole lot, which is possibly why it’s addressing this situation in the media rather than a courtroom. So basically, black pots throwing stones at black kettles in glass houses, to mix metaphors.

I’ve had four cases from my advocacy caseload in the last couple of school years that have required due process filings, and three of them have been in PVSD. I have an active caseload that averages 20 students throughout the State, mostly in Southern California, at any given time.  These are raw statistics; take them for what you will.  But, to think these amoral jamokes are concerned about anything with this charter situation other than going down with the ship is foolish.

Read the article and you’ll see there isn’t a single, solitary concern expressed by PVSD for the welfare of students, parents, and community members. The only sentiment expressed is on behalf of allegedly overworked and underpaid district administrators who don’t have time to clean up messes made by their charters. Not that imposing on district personnel to do what a granted charter requires of the charter school’s staff is okay, but I get the same arguments from PVSD in response to asking it to give a kid with disabilities a Free and Appropriate Public Education (FAPE). 

This district gets itself into enough trouble on its own. A visibly non-compliant charter that won’t get its act together, for which the district is ultimately responsible as the chartering LEA, can only shine a stronger spotlight of scrutiny upon the chartering district. In California, the chartering LEA is ultimately responsible for the conduct of its chartered entities.

In special education in California, if you have to file a compliance complaint or due process request for a charter school student, you have to name the complaint against the chartering LEA, not the actual charter school. This is because the LEA is ultimately responsible for the charter school’s procedural compliance with special education law and providing FAPE to its special education students, regardless of how the charter school configures its special education services.

In California, when it comes to special education, charters can either be “schools of the district” for the purposes of special education, in which case the chartering LEA delivers all special education, or charters can be “LEAs” for the purpose of special education and take care of it themselves. Even if they organize themselves as LEAs for the purposes of special education, there is supposed to be oversight by the chartering LEA to make sure its obligations are met, but I’ve never seen that happen proactively. It’s always a knee-jerk fit of hysterics on the part of the chartering LEA that had no idea what the charter school people were doing until a complaint came over the transom.

Based on the sordid history of charters in California thus far, I’d think that any school board reviewing a charter application that claims to organize the school as an LEA for the purposes of special education would exercise ten times the scrutiny as it would if the charter application sought to remain a school of the district for special education purposes. In my experience, the charters organized as LEAs for special education are only organized that way to keep the eyes of their chartering LEA out of their business.

Organizing the charter as an LEA for the purposes of special education is, in my experience, an effort to reduce oversight, not increase compliance. I’ve heard more than one charter operator claim over the years that they didn’t want to be taken down by a non-compliant school district’s special education department, so they chose to do it themselves, but then they have fewer resources than their chartering LEAs and can’t actually deliver.

These are the charters that tell parents to take their kids with special needs back to their districts of residence instead of ponying up the resources to actually deliver on functioning as an LEA for the purposes of special education. Nothing prevents a charter from going to its chartering LEA and saying, “We have a unique situation and need your help,” to address unusually demanding special education services, such as full-time nursing support for a medically fragile student, for example, but I’ve never seen a charter organized as an LEA for special education purposes do anything of the sort.

When you as a parent are jumping ship to a charter school because your kid with special needs is already getting shafted by your district of residence, this really doesn’t help you out. Parents changing schools to avoid having to litigate their children’s special education cases often find themselves tumbling over the edge of the frying pan and falling into a blazing fire. It’s usually a lateral move at best, and a downgrade at worst. See our previous post, “Parents Who ‘School-Hop’ Risk Making Things Worse,” for more on that.

However, PVSD seems to be the one shining the light on Peak Prep, here, which in my experience, usually means there is a fair amount of misdirection going on. By acting as the accuser, PVSD is diverting eyes away from its initial decision to charter Peak Prep in the first place. The last thing any school district wants, including this one, is an official inquiry into how they conduct their business, so when a charter draws this kind of attention, it’s usually not good for the LEA that issued the charter.

But, it’s not like Peak Prep’s organizers’ questionable history was unknown or that the quality of the charter application wasn’t apparent at the time it was made. To quote PVSD’s superintendent, “… the cast of characters is not new by any stretch …. The same group has done this before. They should and do know better.” I say the same thing to myself every time I help an attorney draft language for a due processing pleading against PVSD on behalf of a child with disabilities.

The District’s hypocrisy, here, is absolutely wretch-worthy, for sure, but this whole public display over proper education agency conduct is critically informative, and voters should be paying close attention to it. While the PVSD/Peak Prep situation is just one more log on the blazing fire of charter school politics in California, it’s also a loud message for voters in Camarillo who are looking at the school board and wondering what it thought it could gain for the local community by chartering an online charter school in the current charter climate. Based on the behaviors of other districts, chartering online schools is about generating charter fees from students in other communities, not improving the options for local families.

There are two directions in which this story takes my mind, both of which are relevant and equal in importance. First, there is the litigation of the charter school wars that played out in the Santa Clarita Valley a couple of years ago. But, also, there is a privately owned outfit based out of the San Diego area that claims to help charter schools comply with special education law. In my experience, that’s not actually what they do. When we start getting into the history of this issue, you will see San Diego come back up again later in this discussion.

First, I have to point out what happened in the Santa Clarita Valley, citing the publicly available evidence, but also sharing some first-hand information. That matter involved Acton-Agua Dulce Unified School District (AADUSD) as the chartering LEA and Albert Einstein Academy for Letters, Arts, and Sciences (AEALAS) as the charter school, which has no website because it went out of business due to fiscal insolvency at the end of the 2017-18 school year.

During the period of the Santa Clarita Valley charter school debacle, one of the students on my caseload was an AEALAS student, and nothing in the articles I can find online will ever come close to describing the hell that student and his family went through. All of the articles online are about fiscal mismanagement, which aren’t untrue, but none of them speak to the horrific special education violations that were going on. We had to involve an attorney who, over several years, had to file for due process against AADUSD for AEALAS’s improper conduct on multiple occasions.

The Santa Clarita Valley story is revealing and opens up many lines of inquiry for voters of all stripes. These issues affect the lives of our children, families, communities, and public education officials throughout the State. One of the most informative articles I’ve seen on that whole mess is, “How a tiny California school district sparked calls for a charter crackdown,” by CalMatters.org.

Rather than belabor all of it here, I encourage you to read the article. The infographic it includes is incredibly helpful. While it doesn’t go into details about the special education issues per se, they aren’t left ignored. The charter’s inadequacies with respect to special education planning briefly identified in the article played out into absolute travesties in real life, before AEALAS ultimately closed down.

For example, none of the articles mention the AEALAS official who drank too much at his place of worship one night early during the school’s first year, and basically told everyone there, most of whom were AEALAS charter school families, that our student’s special education program was going to bankrupt the charter school and close its doors in the first year. This prompted the other charter parents from the same place of worship to send anonymous hate mail (signed with simply “Albert Einstein parents”) to our student’s family telling them they should pull out so his special education program wouldn’t cost all their kids their charter school. So, way to go, religious people, for scapegoating a handicapped child to cover corrupt charter administrative fiscal mismanagement.

Clearly, no one had explained to the drunken administrator’s constituents that categorical special education dollars can only be spent on special education costs, and none of that money could be spent on general education students in the first place. Our kid came with extra money above and beyond the ADA dollars that all students bring to a charter or LEA on a per-pupil basis, specifically to defray his special education costs.

What was really happening was that AEALAS was financially mismanaged from the start. That’s why it couldn’t get chartered by the six districts and two county offices of education to which it had applied before AADUSD granted it a charter. So they targeted a kid with costlier than normal special education needs, blamed the lack of funding on him, and sicced a pack of misinformed, emotionally underdeveloped adults on him and his family. It was an act of misdirection to make the charter’s supporters think AEALAS was otherwise financially solvent all but for our student’s special education program, when the evidence is pretty clear that it never was financially solvent at all.

Our anti-bullying efforts had to start with the adults at AEALAS, not the students. A non-public agency (NPA) bowed out early on and refused to do further business with AEALAS because the assistant principal at that time refused to abide by the scientifically designed behavior plan created for our student by the NPA, preferring instead to tackle him to the ground and scream in his face (our student was 7 at the time). He then attempted to treat the NPA’s professional staffs in much the same way when they tried to get the charter to use positive behavioral intervention strategies, instead.

After the NPA’s Board Certified Behavior Analysts (BCBAs) tried to explain the science of what they were trying to do, the assistant principal became verbally abusive of them and physically threatening. He scared the crap out of them, actually. They took the matter to their NPA’s ethics committee, which wrote a letter withdrawing from service on the basis of AEALAS’s ethics violations, of which the NPA refused to be a part. I’ve never seen anything like it before or since in my entire career.

The real issue was cost. An NPA-designed and -implemented behavior program isn’t cheap, though it’s a heck of a lot cheaper than a lawsuit, and the taxpayers had already funded it. AEALAS was just woefully fiscally mismanaged; it was all about playing games with taxpayer monies provided for the purpose of educating children – a point that keeps getting lost in all the inter-agency infighting that’s going on.

Also helpful, and linked-to in the CalMatters.org article, is a report published by the California State Auditor in October 2017, in which the players in the Santa Clarita mess featured prominently, titled, “Charter Schools: Some School Districts Improperly Authorized and Inadequately Monitored Out‑of‑District Charter Schools.” I mean, they don’t even wait until the opening summary of their report; they call it all out in the title.

You would think that other school districts in the State would have taken better notice of these developments and the outcomes they’ve produced. Maybe, however, that’s one compelling reason why PVSD is reacting so strongly, now. If so, I have to give PVSD some credit for dealing with the situation within less than a year of issuing the charter, even if it does add to the smarmy politics of the issue.

These things, among many others, need to be sorted in public education. Ideally, PVSD wouldn’t have issued a charter to an outfit capable of performing this poorly in the first place, but second best is admitting your mistake before it’s too far gone, which PVSD appears to be doing, now.

Secondly are my concerns about the bad things creeping out the San Diego area with respect to charter school non-compliance with special education law. These charter violations place chartering LEAs in violation, whether the LEAs realize it or not.

In the PVSD/Peak Prep matter, one of the players in the current matter from the charter school was previously employed by another charter school that was shut down last year following charges filed against the owners of its parent organization, A3 Education, for pocketing $50M in taxpayer funds by the San Diego district attorney’s office. For more information on that, see “How an alleged charter school conspiracy netted $50 million.”

And, here’s where it gets super creepy/interesting, depending upon your point of view. If you look on the Peak Prep website, it opens up by telling you that enrollment is closed. I would imagine so, because another page on the site lists all of the schools shut down by the court-appointed Receiver following the A3 lawsuit.

Now, supposedly, Peak Prep has nothing to do with A3, which is the company busted in the $50M charter scam. But, the Peak Prep Pleasant Valley principal, Shalen Bishop, is listed as the principal of University Prep, which is one of the schools listed as closed on the Peak Prep site. It and the other schools listed are A3 schools.

So, if that case isn’t related to Peak Prep, why is that information on their site? That creates a link between shenanigans in the San Diego area to what’s happening in PVSD. This supports PVSD’s superintendent’s previously quoted statement about this particular “cast of characters” having done this before and knowing better.

But, it gets richer. Also in the San Diego area is a privately owned company called Special Education Assistance and Technical Support (SEATS). SEATS doesn’t have a website. The closest thing I could find was the LinkedIn profile for the wife of the husband/wife team that own and operate SEATS. There are also some job listing sites that come up when you do a search for SEATS, indicating that the agency is looking to hire resource specialists and speech-language pathologists.

But applicants be warned, SEATS reportedly does not cover travel time or mileage to dispatch their special education staffs all over Kingdom Come to serve students in independent studies and online charters. Even if a school is virtual, if a special education student of such a school still needs 1:1 specialist support to participate in instruction, or otherwise needs specialist services in person, the law requires the school to meet the needs of the child, not expect the child to warp themselves to fit the charter school’s pedagogy. The whole point of special education is to individualize the program to meet the unique needs of the student.

SEATS has a reputation for making special education service decisions on the basis of how much they are willing to spend rather than individual student need. They also have a reputation of short-paying their vendors and speaking to them disrespectfully in IEP meetings and/or screaming at them outside of the meetings if they dare to recommend anything SEATS hadn’t already approved for expenditure in advance of the meeting.

Needless to say, none of SEATS’s employees are in a union of any kind. It’s also not a coincidence that the teachers’ unions in California are backing current efforts in Sacramento to take on this whole charter mess. Most of the charters in California, virtual or otherwise, do not have unionized certificated personnel, which has contributed to high turnover rates and disclosures among professionals about what they have been experiencing.

In the course of developing this post, I spoke with a colleague still employed by a virtual charter and she’s just waiting for the State to come after her employer. All of the virtual charters are apparently starting to freak out because of all the accountability that is now coming their way. While she needs a job, she is also morally outraged by what she sees on a daily basis.

The stress of working for this charter is affecting her health and she has no union to turn to, but she also recently had to take her local school district to due process on behalf of her own child with special needs and it’s not like they’re going to hire her to work for them, after that. I’ve received similar feedback regarding work-related stress from former contractors of SEATS over the years that mirror what my colleague at the virtual charter was expressing to me the other day.

SEATS alleges to help charter schools comply with the special education regulatory requirements, but I’ve seen them mostly help charter schools try to dodge the special education regulatory requirements. SEATS personnel have been alleged to tell families that the charter school they chose cannot support their children’s special education needs because they don’t offer “those” kinds of services, so the families need to go back to their regular school districts.

The owners of SEATS once emailed me while they were on a cruise to tell me that the charter school in the case we were discussing didn’t have the money to pay for the services we were requesting. Forget that the charter was paying SEATS to make sure they were provided.

As best as I understand it, SEATS basically tells its charter school clients, “Give us your entire special education budget for the year, and we’ll make sure you don’t get in trouble.” However, the owners pay themselves out of that money, they have multiple charter clients, and they go on a whole lot of trips and cruises while kids with disabilities go without special education services that SEATS is supposed to provide, but “can’t” because their charter clients don’t have the money to pay for them.

From what I’ve seen, it’s not that SEATS is trying to keep charter schools from making mistakes; it’s that SEATS is participating in and profiting from the same charter money scams that are going on all over the State to hide mistakes, if not outright corruption, from authorities. They simply occupy the special education niche within this whole shameful legislative disaster.

One of the other charter systems being scrutinized, now, is the Inspire chain of charter schools. I had a student on my caseload a year or two ago who was an Inspire student. His online/independent study program was chartered by none other than AADUSD. Inspire also has programs chartered in the San Diego area, where the A3 $50M matter was tried. Now Inspire is under scrutiny for, among other things, lack of transparency, and I’m not the least bit surprised.

Like most of my other special education students accessing in-home instruction through independent study and/or online instruction, my Inspire student’s situation wasn’t about school of choice. The brick-and-mortar setting wasn’t accessible to this student because of his disabilities, making his living room the Least Restrictive Environment (LRE) in which he could receive and benefit from instruction. He had previously been in an independent study charter that used SEATS for special education and, when that didn’t work out, they went to Inspire.

When things get so extreme that instruction in the home is the only way for a student to access education in a regular school district, you get a doctor’s note stating that it’s medically inadvisable for the student to attend a regular school and the IEP placement can be changed to home/hospital. The only placement more restrictive is a 24/7 residential facility with a school on its grounds. But, because every kid’s living room is the general education classroom in an online or independent study program, it’s not considered restrictive at all.

Because the general education “classroom” and special education “classroom” are the same thing in an online or independent study program, trying to write an IEP for a kid in such a program is generally a nightmare of technicalities and questions of procedure. Then there are the fights over where special education and related services will be provided.

Even though school districts will hire staffs to provide in-home services as needed to facilitate access to instruction, almost every online and independent study program I’ve ever encountered refuses to send anyone to the home for any special education purpose other than assessment, and even then, sometimes not. So, even if you’ve got a kid whose disabilities make it impossible to get them to participate in instruction and they need in-home BCBA support to overcome that behavioral challenge, most independent and online charters won’t even think of sending over a BCBA or will only do it upon threat of complaints or litigation.

These online and independent study programs will try to get IEP services pushed out into the community rather than into the student’s home, which mostly has to do with the insurance costs and the related liability of sending teachers and specialists into people’s homes. They’ll try to make the parents drive their kids to meet teachers and specialists in the community when these kids are only in home instruction because getting them out of the house is often so hard. One of my past clients would drive to the next town over with their kid to accommodate the fact that SEATS wouldn’t pay their special education teacher mileage or time to drive to their community.

Instead of individualizing the instruction, online and independent study schools tend to use their pedagogy as their excuse for not tailoring the IEP to the individual student, as required by law. So, the bottom line to all of this is that parents of children with special needs in California need to think long and hard about whether a charter school is appropriate for those children, particularly an online or independent study charter.

It’s not that charter schools, even the online and independent study ones, in theory, are a bad idea. It’s that they are improperly regulated in California, so they are becoming something other than what they were intended to be. In no small part, this is because certain elements out there don’t want their kids going to school with “those other kids,” and are trying to twist the charter system into a system of segregation.

Whoever happens to be “other” relative to the parents practicing such bigotry and teaching it to their kids, with the help of the dysfunctional charter system for profit, depends on the parents. Sometimes it’s racism. Sometimes it’s religious extremism. Other times it’s socio-economic classism. Sometimes it’s people who don’t want to be criminally prosecuted for not sending their kids to school and couldn’t possibly care any less than they already do about education.

There are enough people out there who don’t want to abide by public education’s true intent and will try to twist the system to fit their ill-intentions to do obvious harm. Such has been the case with charter schools in California, which is finally prompting a louder call for more appropriate regulations. The concern for many is all kinds of vendors profiting from the existing dysfunctional system without delivering actual educational outcomes, which circles us around back to SEATS.

The situation with Peak Prep Pleasant Valley speaks to the running concerns I’ve had for years about how SEATS is funded. PVSD is asserting that Peak Prep violated the California Education Code and the State’s labor laws by giving away its control of “hiring and termination decisions” to a third party contractor, called Educational Staffing Services (ESS). It is further asserting that Peak Prep “engaged in fiscal mismanagement” by giving over its administrative operations to yet another 3rd party contractor, Accel Schools, which is owned by the same guy who signed the contract between Peak Prep and ESS as ESS’s CEO.

According to PVSD, Peak Prep gave Accel control of its funds and failed to complete requested financial documents. PVSD can’t see how Peak Prep is using its funds because its operating budget is “obscured by a lump sum payment in exchange for the program services, all delivered by Accel.” This is, to the best of my understanding, the same model as how SEATS gets funded.

Like Peak Prep giving its money to Accel in a lump sum, which then shows up in its budget as a single line item with no detail on how that money was spent, SEATS’s clients are giving it lump sums that represent their entire special education budgets for the school year. I have to wonder just how many details they are sharing with their charters and how many of those details the charters are sharing with their chartering LEAs about where that money is going. I have reason to suspect that it’s paying for cruises rather than special education services.

To be fair to vendors and contractors who serve charter schools in California, it’s honest to say that the laws are a mess and even the most well-intended vendor is at risk of getting into trouble over finances just because of how poorly regulated charter schools are in California. Rabbi Mark Blazer, who spearheaded the failed AEALAS endeavor in the Santa Clarita Valley, was quick to point out “bad charter policy” in California, and he’s not wrong that California’s charter policies are bad.

It’s just that most of the charters out there, in my experience, see the bad policies and weak regulations as exploitable opportunities for profit. The children and families horribly affected by their actions are just collateral damage, not the intended targets. Students are just a means to a financial end to these people. The harm done is all the same regardless of intent, and it’s far-reaching.

A whole bunch of very crooked people have now stolen way too many taxpayer dollars in California that were invested by the public into education. California has created a charter school system that is more about moving money around, mostly into the pockets of the wrong people, than educating students. While Betsy De Vos may find that acceptable, most Californians – heck, most Americans – do not.

A system like this entices the least savory people on the planet to parasitically attach themselves to it wherever there is an exposed spot, such as the loophole-laden charter laws in California, and suck the system dry before it realizes how much it has hemorrhaged. The cases making it to media make that clear. The chief perpetrator in the $50M A3 scandal is an Australian national.

The unspeakable number of dollars spent on litigation, whether its families suing to get special education services or school districts suing each other over ADA dollars, takes funding out of the classroom and creates overworked and underpaid certificated personnel. This is a voter issue that isn’t getting enough attention, but with the election coming up later this year, Californians will have the chance to hold the State and their local school boards accountable and elect or re-elect officials who will clean up these messes in a timely, responsible way.


 

Fee Shifting in Special Education

Photo credit: 401kcalculator.org

I’ve had several cases in the last few years that have made apparent to me an unseemly practice that is evidently being used by some school districts: fee shifting. Fee shifting occurs in special education when a school district passes the costs of students’ needs onto other agencies by unscrupulous means.

There are two types of fee shifting that I have repeatedly encountered over the years. One takes the form of the School to Prison Pipeline in which the behaviors of students with disabilities are criminalized and prosecuted rather than addressed through positive behavioral interventions via the Individualized Education Program (“IEP”) process. The other takes the form of the misidentification of students, usually those with Autistic Spectrum Disorders (“ASDs”) and/or Attention-Deficit Hyperactivity Disorders (“ADHDs”), as children with serious mental health disorders who are then referred to their local County mental health agencies for treatment of disorders they don’t actually have and neglect of their actual conditions.

One of the eligibility categories for special education is “Emotional Disturbance” (“ED”), which is meant to address the needs of students with mental and emotional health disorders. While emotional problems will surely occur among students with other disabilities whose needs go unmet, this is a response to circumstance, not an innate disorder unto itself. In both of the fee shifting scenarios I’ve repeatedly seen over the years, the emotional challenges my law enforcement-involved and/or misidentified students have are largely the consequences of not getting support for their actual handicapping conditions.

That isn’t to say that none of my students are legitimately ED, but many of them didn’t start out that way. Post-traumatic stress disorder (“PTSD”) can arise from traumatic experiences in and out of school, but still can qualify a student as ED. What breaks my heart are the kids with other conditions who acquire PTSD from repeated neglect and/or abuse in response to their original conditions, particularly at school.

One school district in which I have been supporting students has a history of misidentifying little boys with ASDs as having mysterious mental health disorders that their local County mental health agency can’t quite seem to identify according to diagnostic criteria. This same mental health agency openly admits that it doesn’t diagnose or treat ASDs.

This is made further evident by their assessment reports because they clearly have no idea what they are looking at and render non-specific diagnoses, like, “Unspecified emotional disorder of childhood and adolescence.” This is basically a catch-all term for “We have no idea what is going on with this child,” when the ASD is plainly obvious to anyone who knows autism. In one of my cases, the student had already received a DSM-5 autism diagnosis and the County mental health agency still missed it.

For our children and youth that end up in our local juvenile hall, the moment they are incarcerated, they usually immediately cease to be students of their districts of residence, which is based on where their parents live, because California law causes students’ local education agencies to change whenever they are placed outside of their local communities by the courts. For example, in Ventura County, California, it is the Ventura County Office of Education (“VCOE”) that operates the schools in juvenile hall. So, the moment a student is locked up, that student ceases to be a student of the district where that student’s parents live and becomes a student of VCOE.

That creates huge complications for students who were in the process of being assessed when they became incarcerated or for whom referral for assessment was made while they were incarcerated but they get released before the 60-day assessment timeline has run. Switching local education agencies while mid-assessment is a bureaucratic nightmare. The procedures may have to be started all over again.

We hope and pray as advocates when working with criminal justice-involved students that we can get them through the 60-day assessment timeline before they “reoffend” and get locked back up again, once again disrupting the timeline and potentially starting it over with VCOE. Unless we’ve involved an attorney and litigation is pending, this can quickly turn into a vicious loop.

Most of the local school districts will partner with VCOE to finish any assessments that have been started in one location or the other because it is usually anticipated that the student will return home in a matter of weeks or months, at which point, the student will live within the attendance area of the school district, again, which will resume responsibility. Nonetheless, making this work takes Herculean effort and with as many kids as there are passing through the system, the time necessary to provide Herculean effort to each of them isn’t really available. It most often happens when people like me and my colleagues show up.

The motivation for fee shifting is obviously money. Special education is grossly underfunded, but like all the rest of public education, it’s also poorly managed. High paid administrators strip resources out of the classroom and then give themselves raises to reward themselves for how smart they’ve been about saving their school districts’ money. Every teacher who buys supplies for their classrooms out of their own pockets each school year knows exactly what I’m talking about.

What money the public schools get should be mostly spent on students. School district administration exists to support the instruction, not usurp its funding, but some statistics reflect that there is usually one administrative position for each teaching position, and I have yet to meet a teacher who has a personal secretary, so that’s obviously not how administrative resources are being used.

Fee shifting schemes very often target children from low-income households that can’t afford to hire attorneys to hold their local schools accountable. There are not enough attorneys who represent low-income parents of students with special needs to meet the demand, even though they can recover their fees from the offending school districts upon prevailing in hearing or as a condition of settlement. Those who take on these cases have overflowing caseloads that they can barely manage.

Because of this, it is often children from single-parent households, families of color, immigrant families, and families with parents who also have disabilities that are targeted by these fee-shifting schemes. This means that children with disabilities who were already disadvantaged by their actual disabilities and socio-economic situations are then further abused by a system in which their needs get misidentified in order to shove them off onto other agencies. The interventions they receive, if any, once they get shifted to the wrong agency are inappropriate to their needs, and nothing in that breaks the cycle of poverty.

Basically, fee shifting happens in special education because public education agency administrators get away with it far more often than they get caught, and they avoid getting caught most frequently by targeting children from families who they think won’t fight back. When parents do try to advocate for their children to get appropriate interventions in these situations, they are met with resistance from public education agency administrators and their lawyers. Public education may be underfunded, but a school district is far better financially equipped to wage war against a low-income parent than a low-income parent is usually equipped to fight back.

The consequences of this dynamic disproportionately fall on children of color, who are already marginalized by institutionalized biases that incline them to more likely live in poverty. But, affluent children of color get targeted in affluent school districts simply because of their color, which is made worse if they also have handicapping conditions, particularly those that affect behavior, or have been educationally neglected for so long that they have developed psychological problems around school that eventually lead to problem behaviors.

All behavior is communication, so what is a kid who has behavioral challenges at school trying to communicate? Is it that the curriculum is too demanding? The instruction doesn’t make sense? There are other things going on in that kid’s life that are taking a higher priority than school, such as homelessness and/or hunger? Is the child the victim of abuse? Is it something else? What is really going on?

There are a million reasons why a child may behave inappropriately at school, and disordered thought brought on by trauma, impairment, and/or duress is frequently involved, which is paired with the fact that we’re talking about children who are not mature enough to reason like adults. Without proper assessment, how can we know what the appropriate response is to a student’s challenges?

Many people also don’t understand that the costs to taxpayers caused by fee shifting are greater than the costs of doing the job right in the first place. For the price of one student’s tuition and board for a 4-year Harvard undergraduate education, you can incarcerate one youth in California for one year. Even if you had to put such a student into residential psychiatric treatment for a year as a matter of special education, that’s a quarter to one-third the cost of incarceration for the same amount of time and with a much higher likelihood of success.

It’s not just about how much money is spent; it’s also about how many benefits the money buys for students, families, and taxpayers. Getting more benefits for less taxpayer dollars seems like the most reasonable outcome to pursue, but many public agencies have this “not out of my budget” mentality that takes performing their mandates right out of the equation and makes it about how little money actually gets spent.

Those students with ASDs and/or ADHDs who are initially misidentified as having mental health disorders will very likely develop mental health disorders and the behaviors that go with them. This is a consequence of being surrounded in their programs by people with legitimate mental health disorders who model inappropriate behaviors and treatment programs that are inappropriate to their actual ASD- or ADHD-related needs. Poor social role models in addition to a lack of ASD-specific instruction on social pragmatics and behavior, paired with therapeutic techniques that are ineffective in the treatment of ASDs, compound to ruin lives, tear families apart, and undermine the cohesiveness of communities. Similar programming deficits improperly impact students with ADHDs.

It’s the students in juvenile hall and Department of Juvenile Justice (“DJJ”) facilities who are often in most need of mental health services as a matter of special education, but are least likely to get anything sufficient to their needs. The lack of adult mental health treatment facilities resulting in our jails and prisons taking the overflow is already a known problem in this country. What is less commonly known is how early the process of shifting mental health costs onto the criminal justice system actually starts with diverting kids out of special education services, very often those meant to address mental health issues and/or behaviors, and into the School to Prison Pipeline.

I certainly don’t endorse the idea that fee shifting is behind every special education violation. Fee shifting is behind some special education violations. Violations occur for a plethora of reasons; fee shifting is just one of many ways things can go wrong. But, parents, advocates, and educators need to be aware of practices that can create fee shifting, even if by accident.

In truth, a great many school-site professionals have no idea what their employers’ legal obligations are to students with disabilities and just do what they’re told in exchange for a paycheck and benefits. They care about their students, but they are often largely in the dark about what they can actually do to meet their students’ needs and they are unaware of the resources they are supposed to be making available to these students per the law.

They can’t incur the costs of intervention if they don’t provide intervention, so if they don’t know about interventions, they won’t make them available, thereby avoiding the costs of intervention. It’s often those who hold higher positions within the public education agency who are aware of the agency’s obligations but decide not to promote certain things among their staffs in the name of cost control that undermines the learning of children with disabilities.

It is in this climate that a School to Prison Pipeline develops. School site staff are unfamiliar with the actual rules of special education, particularly “child find.” Alternative methods of intervention will often be tried without success under the premise that having to refer a kid to special education is tantamount to failure and all other options must first be exhausted.

It’s actually the other way around. You at least rule out disability by conducting comprehensive assessment on the basis of suspected disability. Assessment will otherwise identify that there is a disability and why it’s causing so many problems. If it’s not a disability, assessment will prove that; competent assessment will explain what is actually going on, which will help parents and educators decide together what can nonetheless be done even if the student doesn’t qualify for special education.

The bottom line is to figure out what is really going on so the parents and educators can find the right solutions, whether they are special education or something else. You don’t make kids languish in a hokey, half-baked rip-off of Response to Intervention (“RtI”) for years until they psychologically break and then prosecute them for truancy when their school anxiety becomes so great that the thought of going to school makes them sick every morning.

Every year, we get new kids on our caseload who are hugging porcelain or sitting on it for extended periods every morning because the school-related anxiety rips their digestive systems apart. And, in almost every case, truancy proceedings are involved for untreated symptoms that are causing health-related absences. Panic attacks are treated as criminal acts.

Students and parents can be fined and placed on probation for truancy; public education agencies want their average daily attendance (“ADA”) dollars and they don’t get them if kids aren’t there. They use their local District Attorney’s (“DA’s”) office to prosecute kids with disability-related absences and their parents, which ushers kids with disabilities into the School to Prison Pipeline and away from quality education.

Some school site administrators will refer students to truancy proceedings without even asking themselves if there may be a disability involved that warrants immediate special education assessment, instead. They either can’t grasp or don’t care about the harm they are doing. They are eliminating costs and headaches from their own agencies, and that’s evidently as far as their analyses go.

It is very important that parents and advocates in these situations choose their actions carefully to make sure that any assessments that are needed to figure out what is really going on and what to do about it are actually done. If they are done poorly, skewed to support the argument the public education agency has been asserting all along, or are missing vital components, the parents will likely have grounds to disagree and request outside assessments, Independent Educational Evaluations (“IEEs”), at public expense, which is to say at the cost of the public education agency.

Basically, the district has to pay for outside second opinions if the parents disagree with the district’s assessments for any reason, which the law does not require the parents to explain. The only way that the public education agency can decline requests for IEEs is to send Prior Written Notice (“PWN”) declining the request (basically a letter to the parents explaining why the request is denied), filing for due process, and proving to a judge that the education agency’s assessments are good such that second opinions aren’t necessary.

Sometimes it’s not second opinions so much as getting additional testing done that the education agency failed to perform when it should have. Those are still IEEs. The point is that, in any situation in which you suspect fee shifting may be happening, assessments – good assessments – will tell you what is really going on with enough detail that a group of reasonably intelligent adults with intact ethics and morals can figure out something that will make sure a kid learns, regardless of what type of obstacles may be in the way.

It is my hope that, by shining light on public education agency administration “fee shifting,” the public becomes informed and more diligent about holding public servants accountable to spending taxpayer dollars on services that actually benefit the public in conformity with the law. This is something to be taken up town-by-town, county-by-county, and state-by-state by voters who expect public agency accountability to the taxpaying public and further expect agencies to legitimately serve the purposes for which they were created and funded. It’s also something important for parents and advocates to understand when pursuing appropriate outcomes for individual students.

Listen to this post as a podcast:


 

Emotions Part 6 – Parents’ Employers & Co-Workers

I think it’s really, really important to look at the impact that special education non-compliance has on parents’ employers and co-workers. There doesn’t seem to be any research being conducted on this (at least none that I could find – if you know of any, please post a comment with more information). But, I know from talking to the hundreds of parents we’ve represented and provided with consultation that employers are hit very hard by special education issues – employees having to take off all kinds of time from work to contend with problems at school, employees making careless mistakes at work because they’re so pre-occupied with the problems their children are having in school that they aren’t thinking about what they’re doing, and employees who are so emotionally overwrought by what they’re going through that they become a morale problem for their whole department or even the whole company and other people are starting to complain.

Nobody ever talks about this and I don’t know why. It happens all the time and it’s not okay. Parents end up having to quit their jobs or get fired because their job performance is affected by the problems they are dealing with at their kids’ schools. There are things these parents probably don’t know that are hurting them and their children. Employers should be aware of these things, too, and be sympathetic to the fact that these things aren’t being advertised by the public schools and most parents have no idea of their protections. Here are some important things for employers and parent-employees to know.

IEP meetings must be held at mutually agreeable times and locations. Federal law mandates that local education agencies do everything they can to facilitate a parent’s meaningful participation in the IEP process.They can’t have the meeting without the parent unless they can show that they tried every way they could to get the parent to attend and the parent either simply refused to go or could not be located.

If the school is arbitrarily assigning IEP meeting times without first finding out if the date and time are mutually agreeable to the parents, and it isn’t mutually agreeable?, the parent has the right to reschedule to a time that will work for everyone. [34 CFR ? 300.322] When it comes to scheduling IEP meetings, it’s within reason to hold the IEP meeting during the parent’s noon lunch break, but it’s not within reason for a parent who works graveyard to expect the IEP team to convene at 2am right after he/she has gotten off of work. 

It is not okay for the school to call parents to pick up their kids and take them home because they are “having a bad day”. This often happens with children who have social skills deficits and problem behaviors. If a special education student has behaviors that interfere with learning that arise from?or are influenced by his/her disabilties, the local education agency is obligated to address them as part of the child’s IEP.

A functional analysis of the child’s behavior may need to be done to collect the data necessary to write appropriate behavioral goals, develop a positive behavior intervention plan, and determine the services necessary to support the goals and the behavior plan. [34 CFR 300.530]? The school can’t just call once the child has been at school long enough for the local education agency to get paid for the child’s attendance for the day and tell the parents to come pick the child up because he/she is “having a bad day.”  The child is difficult to serve and the local education agency just doesn’t want to?have to work that hard.   This happens all the time, but it’s unlawful.

I’ve worked with parents who lost their jobs because they had to keep going to pick up their kids from school for “having bad days” and take them home for the rest of the day. These kids weren’t suspended.They weren’t expelled. Their schools got paid for a full day’s attendance for each day they were in school long enough. In my experience, these kids usually end up getting sent home around 10:30am.

Unless a child is being suspended or is ill, the school can’t send him/her home. (I’ve seen children sent home for “fevers” they really didn’t have because staff just didn’t want to deal with them that day, though, so parents may need to verify the presence of any mystery illnesses for which they’re being called away from work to respond before actually taking the child home.) The point is that the behaviors are part of the problem the school is supposed to be addressing and parents shouldn’t be losing their jobs because public servants aren’t doing theirs.

I don’t say it that way to be crass. II’m using this language very literally. Public education employees are public servants, just like police officers, firefighters, city clerks, and librarians in public libraries. The taxpaying public has hired them to attend to the educational needs of the community’s children. They work for the local constituency. So, it always baffles me that some education agency administrators take a superior tone with parents and act like they’re doing the parents a favor when they do things they were already supposed to do. Sadly, a lot of parents submit to that kind of bullying behavior. Which brings me to the next important thing to know:

Parents can get really upset by difficulties they are having with their children’s schools. They can’t necessarily check those emotions at the door when they go to work and employers may need to consider bringing in an industrial psychologist if the situation in the workplace becomes too emotionally toxic. Productivity on the whole can be impacted when a critical employee is so overwrought that his/her job performance becomes poor.

Other people relying on a distressed parent to do his/her share of a project are put in very difficult positions when they are left correcting the distressed parent’s mistakes, listening to the distressed parent complain or cry (or both) instead of work, and covering for the parent while he/she is at school instead of at work. This is usually when a decision gets made about whether such a parent will remain an employee.

It is situations like these that compelled KPS4Parents to put together a service offering to employers where we can come in and consult with an HR department or business owner about a specific situation and then consult with the parent regarding his/her rights and what the parent can do to solve the problems they’re having (we’ve done this mostly with smaller businesses) and conduct employee trainings on special education-related issues (which we’ve done with large employers).

As the rate of autism continues to increase, now currently at the rate of 1 out of 144 children according to some sources, employers can no longer afford to think these issues don’t impact them. Any company that employs 10 people who are parents is all but guaranteed to have at least one parent among the 10 who has a child with some type of handicapping condition, and quite possibly more.  Autism is just one of a countless number of disorders that children can have. Employers need to educate themselves on this issue now because it’s going to become a righteous HR problem before they know it, if it hasn’t started to become one already. Resources need to be developed to help employers contend with the increasing number of parents amongst their employees who have children with special needs.  As much as KPS4Parents does to try to tackle this issue, this is one of those things that everyone needs to be doing something about. There’s only so much we can do by ourselves and we need your help to tackle these problem.

Our country is already in enough financial hot water. Businesses cannot afford to suffer otherwise preventable losses in productivity and declines in employee morale, right now. The business community is suffering horrendously already as it is with the financial sector practically falling apart at the seams. More and more businesses are leaving the country for places where the barriers to entry are not as great and the costs of operation are much lower. More and more good jobs have been outsourced to overseas workers and businesses are finding that they can’t afford to hire local talent. For many businesses, the only reason they are able to exist is because they have outsourced work overseas at a fraction of what it would have cost them to hire local talent. To suffer additional losses at a time like this could be the difference between being in business tomorrow or not. To suffer additional losses at a time like this when those losses could have been avoided calls an organization’s stewardship into question.

The business community has a vested interest in making sure that the public schools are able to deliver what is required to all of their students. That means that the business community should be doing what it can to make sure public schools have what they need while holding the public schools accountable for utilizing its resources, particularly those donated by the business community, to properly deliver special education services to the community’s children with disabilities.

I’d love to see Chambers of Commerce and industry-specific associations hosting parent education nights for their members’ employees who are parents of children with special needs. The more the parents know, the more they can get resolved without impacting their job performances. Once their issues with the schools have been resolved, these more emotionally grounded, focused workers can become even more productive. Never underestimate the power of parents finally overcoming what seemed insurmountable and finally feeling like their child is going to be okay. The concurrent senses of relief and accomplishment are esteem-boosting and can actually lead to improvements in employee performance. I’ve seen parents go on to do amazing things professionally after finally resolving their kids’ special education issues.