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.

Double Disability Whammy During Distance Learning

One of the issues that I haven’t seen discussed anywhere else, but am seeing first hand every day, is the impact that the shutdown has had on my students with disabilities whose parents also have disabilities. Given that so many learning disabilities, physical impairments, Autism spectrum disorders, and mental health conditions run in families, it’s not surprising to find children on IEPs whose parents also have disabilities. It would be shocking for a professional in this field to not see that phenomenon.

The shutdown negatively impacted students and their families from all walks of life. Students on IEPs were hit more hard only because they were already at a disadvantage and largely under-served before the pandemic hit. All shutdown did was magnify the pre-existing inequality.

To that end, parents with disabilities who were already getting jerked around by their local education agencies have been disadvantaged and exploited even further during school shutdowns. I’ve got two cases on my caseload, right now, that immediately come to mind. One is in California and the other is in Missouri, and in both cases I’ve had to serve as both a reasonable accommodation for the parent with disabilities as well as do my normal job of advocating for the student with disabilities.

In both cases, a bunch of goons from the respective school districts tried to railroad learning disabled parents who struggle to understand the relevant documents, saying one thing verbally, putting something else in writing, and hoping these learning disabled parents didn’t notice. The parents’ federally protected rights as per the Individuals with Disabilities Education Act (IDEA) to informed consent and meaningful parent participation in the IEP process are additionally compromised by violations of the parents’ rights under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA).

Here’s what I need everybody reading or listening to understand: The states involved here are Missouri, a red state practically overtaken by domestic terrorists bent on sedition, and California, a blue state with mostly progressive leadership. This is a non-partisan issue. There is no political party that seriously cares about people with disabilities, even though disability cuts across every swath of human existence that there is. It’s beyond dysfunctional, but that’s our profoundly sick society, for you.

So, what do we do about this? Well, on an individual basis, the steps of effective advocacy remain the same: get the truth on the record, request remedy, and file complaints if the local education agencies don’t abide. The number one protection parents with disabilities have under the ADA relevant to this issue is their right to communicate via their preferred form of communication. Reasonable accommodation isn’t limited to wheelchair ramps, and honoring a learning disabled person’s communication preferences is just as important as honoring the communication preferences of someone deaf or blind.

For parents with disabilities, it is important going in from the outset that you make clear in writing that you require reasonable accommodations from your local school district, including what your communication preferences are. It doesn’t hurt to add language like, “These accommodations under Section 504 and the ADA are necessary to insure my protected rights to informed consent and meaningful parent participation in the IEP process pursuant to the IDEA.”

If you have been keeping your need for accommodations to yourself for fear of being judged by the school district members of your child’s IEP team, something is seriously wrong. If you fear that people employed specifically to educate humans with disabilities are going to give you grief because you are a human with disabilities, either you’re insecure, working with a-holes, or both. You do yourself and your child no favors by not putting your local education agency on notice about your need for accommodations; if they treat you poorly, that’s on them for violating your rights as well as those of your child.

It’s stronger to go in asking for reasonable accommodations as your legal right given that you are there to protect your child’s right to reasonable accommodations. If you acquiesce on one, you’re acquiescing on the other. You have to believe that all people with disabilities are equal in power and voice to people without disabilities, including yourself. You are not setting a good example for your child to become a strong self-advocate in spite of disabilities when you fail to advocate for yourself.

Aside from what individual parents with disabilities do on a situation-by-situation basis on the ground, at this point, the only mechanisms available that have any chance of broadly changing anything are judicial and political. Parents need to sue over the civil rights violations that undermine their advocacy for their children so that public education agencies are held to account under every letter of the law that applies. All parents of children with disabilities need to unionize and collectively bargain for improved special education laws and access to special education resources.

In theory, parents with disabilities involved in the IEP process for their children may be able to concurrently file 504/ADA claims in federal court purely on the basis of the discrimination against themselves while filing for due process under the IDEA to assert their children’s claims. However, there’s a kicker that my colleagues who are licensed members of the bar should weigh in on, here.

With respect to informed parental consent and meaningful parent participation in the IEP process, the related civil rights claims may have to toll while due process is being pursued because a special education hearing officer has no jurisdiction with respect to 504/ADA but administrative remedies under the IDEA have to be first exhausted before related civil rights claims can be pursued. Basically, you have to do everything you can with due process before you can go on to federal court on related civil rights claims.

The reason civil rights claims often must toll pending due process is because the hearing officer in the due process case may order something to correct the special education violations that inadvertently cures the civil rights violations at the same time. This makes it unnecessary to get that same outcome from a federal court judge and, thus, a waste of judicial resources to try the same thing in two different venues. However, if the civil rights claims can stand alone on their own with no related due process claims associated with the same body of facts, it’s possible to go forward on civil rights claims while other claims are being adjudicated via due process.

Again, this is a tricky question of law and I defer to my colleagues who are licensed members of the bar to speak to the particulars of 504/ADA claims versus IDEA claims, as well as the order in which issues are tried and by whom. The point is that there is recourse, one way or another.

Parents with disabilities should not feel compromised in the IEP process. No parent should fear that a body of public servants educated, trained, and employed to support the needs of individuals with disabilities in the school setting will use that knowledge to exploit the parent’s disabilities to the detriment of the student. The very idea is reprehensible, but it happens every day.

Institutionalized biases have a lot to do with it. Even people employed to educate students with disabilities will regard a parent’s disabilities as character flaws, more often than not. It’s a learned, knee-jerk reaction that all of us have been raised with to one degree or another our entire lives. It’s why people with disabilities are often also plagued with self-loathing and related mental health disorders. Most people with disabilities aren’t born with self-loathing and mental health disorders; they are acquired from the experiences of being rejected by everyone else and seeing a world that is basically designed to exclude them from participation. Things that can be acquired can also be let go and replaced.

During distance learning, these issues became even more painfully apparent as schools shut down and children with special needs had to stay at home and participate in distance learning. Setting aside the degree of forgiveness due to actual teachers for not being given appropriate tools and support from their respective agencies to handle the situation, something cohesive should have been in place within the first few weeks, but I’ve still got school districts pulling ridiculous stunts and we’ve got partial campus re-openings going on around here, right now.

We’re now more than a year into this thing and, not only have they not gotten their acts together, they’re actively making excuses as to why the broke the law 40 million different ways before now. If they invested half the energy they’ve spent on making excuses and lying to the public into actually solving the problem, it would have been solved by now.

The politics of it all is at the heart of this issue, unfortunately. This is just as serious as domestic terrorism, because it’s actually one of many expressions of that terrorism. When parents with disabilities are terrified of the people to whom they send their children with disabilities every day, often with the threat of criminal prosecution for truancy if they don’t, they are being manipulated through fear to acquiesce on issues that, under the law, require their consent.

It is important for those of us who are working in the civil rights arena to recognize that we will find the students with disabilities we serve also among other marginalized populations that may have a stronger degree of activism already underway. For example, if a child with disabilities and African-American heritage is being jerked around, it may be more effective to bring a representative from the NAACP to an IEP meeting than a disability advocate. Likely, the best solution would to bring both.

This is an issue that child and family advocates need to address because it is vast, pervasive, and significant. When it comes to dumping the instructional responsibilities for a child with disabilities onto a parent with disabilities, the civil rights claims can easily multiply. I have had three cases this year involving parents with disabilities who were getting played by their local school districts until I said something. One case is resolved and the other two, which I mentioned at the beginning, remain active.

In every case, not only were the parents with disabilities being inappropriately burdened like all other parents during shutdown, they were not offered any reasonable accommodations to do so. In my mind, this is an enormous class-action issue that could result in entire state departments of education, which are ultimately responsible to the federal government for complying with the IDEA in exchange for federal special education dollars, getting nailed to the wall for failing to ensure local education agencies provided reasonable accommodations during shutdown to parents with disabilities who were attempting to instruct their children at home or who simply could not, resulting in a deprivation of educational benefits to their children.

I am very curious to get parent, advocate, and attorney input on this issue. If you have experienced anything like this, either as a parent or professional, and have ideas on how to lawfully resolve these issues with the least amount of trauma to the involved children and their families, we’d love to hear from you. For those employed within the system who want to do the right thing but are being prevented by others within the system, your feedback is appreciated as well.

The news is replete with evidence that far too many public servants can’t be trusted to uphold the rules of democracy. Because the IDEA is so dependent upon the application of science to the lawful implementation of special education, it tends to be those who disregard science and law who pose the biggest threat to our children with special needs.

Given how many Far Right conservatives there are employed within public education, the fact that the domestic Far Right is the greatest terrorism threat that our country faces, and that neither science nor the rule of law mean much to the Far Right, it’s not that hard to see why we need to get the Far Right out of our public school system. The Far Right is why civil rights laws are necessary in the first place. They’re not going to do the right thing because it’s the right thing to do. They don’t even understand what that means. They’re going to do whatever serves their selfish motivations.

People who follow the extremes at either end of any social spectrum, including politics, tend not to have fully functional prefrontal cortices, based on my observations. They lack the deductive reasoning skills to understand the big picture. They lack the perspective-taking skills to see things from anyone else’s point of view. They are egocentric in thought and grossly emotionally under-developed. They are prone to extreme actions and reactions based almost entirely on their own wants and needs.

In the special education setting, if you and your child’s needs don’t align with the agenda of people with this mindset, you don’t even exist to them. You’re like a person with a numbered ticket at the deli counter. They’re going to interact with you briefly and smile to your face, then forget you exist five minutes later. You’re a thing, not a person, to people like this. They don’t think of anybody as another “person.” Everybody else are just things to conveniently access when they serve a useful purpose to people who think this way. That is why holding them accountable after the fact is more effective than logical or emotional appeals made in an effort to prevent something bad from happening.

All of this is, of course, disordered thought. So, basically, what this comes down to is a bunch of mentally ill, self-serving individuals getting paid six-figure annual incomes at taxpayer expense to manifest their untreated and unaccommodated symptoms at the expense of their constituents. What we’re really looking at is the symptoms of untreated mental health disorders being manifested as public policy to the detriment of individuals who are not in denial about the fact that they have disabilities attempting to advocate for their children with disabilities.

The most apparent difference that I can see between the two sides of the issue is that the people within public education responsible for this situation don’t think there is anything wrong with themselves; they think they are the chosen ones and everyone else exists just to give them an excuse to collect a paycheck. When the special education community finally addresses the degree to which schizoaffective, personality-disordered administrators and the like are behind the egregious abuses of disability-related laws it experiences, and we use our science to heal ourselves, we’ll be able to actually use the science to heal our children and help them build productive futures for themselves.

Public Education Version 2.0 and the Power of Stay-Put

Photo Credit: Matthew Cipican

I’m pained to open with the platitude that these are unprecedented times. We all already know that and belaboring it for the purpose of a proper opening paragraph seems to belittle the magnitude of the moment.

The truth is that I’ve been having a hard time coming up with the right place to start the next conversation on this blog. I had developed a publishing schedule for Making Special Education Actually Work just before the pandemic hit and the schools in California, where we are headquartered, shut down.

All of that went out the window the moment the shutdown started and I’ve since published some bits about how to respond to the situation based on what was known at the time of each publication, but how things have continued to play out, or not, from one school district to the next has been nothing short of pandemonium. Some of my kids have done so much better with distance learning that they never want to leave their houses again. Others have regressed so greatly since the shutdown started that it’s going to take years to undo the damage that has been done and catch them up to the degree its possible to do so.

Each kid, as a unique individual learner, has experienced the shutdown differently, but all of them are experiencing the same procedural violation at the hands of their Local Education Agencies (LEAs): Failure to implement the Individualized Education Program (IEP) as written. Or, framed in the language of the regulations, failure of the education rendered to conform with each student’s respective IEP.

In California, the State has already assumed that compensatory remedy will be due to most, if not all, of its special education students because of the shutdown. None of the laws changed. There are permissible, though narrow caveats, in the law that provide for extenuating circumstances.

While the implementing regulations of the Individuals with Disabilities Education Act (IDEA) mandate the application of evidence-based science to the design and delivery of special education on a child-by-child basis, it is only to the degree that the application of the science is practicable. LEAs bear the burden of proving that the delivery of a special education service is not practicable before denying it and giving notice of such via a Prior Written Notice (PWN).

The real dispute, it seems, is over what is realistically practicable given the circumstances, but that first requires us to operationally define what we mean by practicable, and that’s a problem. There is no legal authority or professional standard for what defines “practicable” within the context of 34 CFR Sec. 300.320(a)(4).

I know this because the operational definition of “practicable” was one of the burning questions I had when I went back to graduate school in 2011 and had answered by the time I graduated in 2013. The truth is that there is no operational definition in the scientific literature or the case law as to what is meant by the term, “practicable.”

Even Perry Zirkel was stymied by this question and ultimately concluded that most courts interpreted the definition of “practicability” as something to be left to the discretion of local education agencies – meaning, really, top administrators and board members, who are all politicians – get to decide what is and is not practicable as a matter of local governance. In those LEAs, “practicable” just means “if the LEA wants to.”

This, of course, neglects the fact that 34 CFR Secs. 300.320-300.324 vests the authority in IEP teams, which include the parents, to make determinations as to what is educationally necessary and, therefore, the obligation of the LEA to provide to each given special education student. If that authority is vested in the IEP team, then no one from the LEA on the IEP team should have to go get the approval or permission of a superior outside of the IEP meeting, particularly when that superior has no direct knowledge of the student’s unique needs or the IEP team’s discussions about them. Whether or not something is practicable should be an IEP team decision, not an internal policy issue, yet the research that has been done suggests its a call to be made by top administrators, not individual IEP teams that include the students’ parents.

Further, 34 CFR Sec. 300.321(a)(4)(iii) mandates that each IEP team include at least one LEA representative who is “knowledgeable about the availability of resources of the public agency.” Usually, this is an upper-level administrator from the main office who not only knows what resources the LEA has, but has also been granted the authority to commit the LEA’s resources to a student’s IEP. This can come in the form of committing existing resources to the IEP as well as procuring those materials and services that are not already available through the LEA.

I’ve been in IEP meetings during which such an administrator fills out and submits online requisitions for use of existing assets, as well as online purchases and purchase orders through their LEA’s internal automated workflow system, during IEP meetings as the team agrees to things that are needed but not already on hand. It’s not that uncommon and it goes a long way towards doing it right the first time.

Again, there should be no going to someone else outside of the IEP process for permission or approval. In one fairly recent meeting I attended, the school district’s administrator on the IEP team shared her screen with the rest of us so we could all look at our options on Amazon together as an IEP team and make the purchasing decision right there. Then, “click,” it was ordered and the student had his accommodations the next day. Easy peasy.

The law does not provide for the IEP team’s authority to be displaced by or shifted to an uninvolved third party. If no one on the IEP team from the LEA knows whether the LEA already has the necessary resources available or will need to purchase stuff it doesn’t already have, it’s not a real IEP team.

Because these decisions are IEP team decisions, and not the decisions of removed administrators who are motivated by factors other than the individual needs of each special education student, deferring to top administrators to determine what is or is not “practicable,” opens the door for a litany of procedural and substantive errors that will quickly create due process claims against the LEA. It behooves no one for LEAs to play this game, but plenty of them do.

Competent people have no motivation to do sketchy stuff and lie about it, so when you encounter this kind of behavior, it’s because you’re dealing with people who don’t know what else to do and/or are crooked through and through. What we are all now going through as a nation under the current presidential administration is a reflection of the crap I’ve been dealing with for nearly 30 years in special education local governance. None of this is new to me, it’s just now happening on a national scale. Maybe everybody outside of the special education community will finally believe me about this crap, now.

More often than not, what is deemed by an LEA as not being practicable is likely better framed as being something for which the LEA is simply not willing to expend the necessary funds. While it is unlawful under the IDEA to use fiscal considerations to determine the contents of a student’s IEP, it happens all the time. The language of IEPs are often deliberately kept vague and weak so that they are difficult to enforce or so that it is otherwise difficult to say that the education rendered failed to conform with the IEP.

I’m seeing this happen in a way with 1:1 behavioral aide support services, right now. I’ve got families barely holding it together, stuck at home with their severely impacted children who have serious behavioral challenges arising from their disabilities. They’d give anything for in-home 1:1 behavioral services, right now.

And, that’s the thing: they should already be getting it under the existing laws. On August 24, 2020, (the day before this post), the California Office of Administrative Hearings, which tries special education due process cases within the State, issued an order making clear that students who require in-person services in order to access and benefit from their educations, including during distance learning, must receive such services according to medically acceptable safety procedures regarding COVID-19.

Behavioral services are medically and educationally necessary, the California Department of Education (CDE) has advised that in-home services during the shutdown may be necessary in order for LEAs to comply with their IDEA requirements under the law, and, now, OAH has ordered a school district to provide in-home services as a matter of stay-put during the shutdown. This is huge! This settles the argument once and for all.

I know of at least one student who is currently getting in-home behavioral services through his health insurance, which is the only reason he was able to participate in distance learning during the last half of the Spring 2020 semester. The same agency currently serving this student through his health insurance had previously served him as a Non-Public Agency (NPA) under his IEP in the public school setting. Same people, different funding source, different willingness to send personnel to his house for in-home, 1:1 behavioral aide services.

His school district has offered to provide an aide online during distance learning, like somehow that’s going to produce the same educationally substantive outcome of getting him to engage in the online instruction in the first place and remain engaged throughout each lesson. The boy needs an in-person 1:1 aide in order to access the instruction at all. How is he supposed to access online aide support when he needs in-person aide support to access any kind of online services?

And, he’s one of many students on my caseload with similar needs; he’s just the only one I know of currently living the experience of having the in-person 1:1 aide support during shutdown and being met with educational success because of it. Everybody else is asserting the need for it, but not getting it, and due process cases are popping up everywhere now, including among my students for whom I never thought litigation would realistically come to fruition.

The legal authorities favor special education students on this issue, and school districts in California are now having to weigh the risk of litigation from unionized employees against the risk of litigation from parents of students with special education needs as this whole debacle clatters forward in the absence of unified leadership across the State’s public education system. Many districts are still clinging to outdated paint-by-numbers procedures and fill-in-the-blank on standardized documents and forms, aiming for procedural compliance without thought to the substantive considerations … like providing 1:1 aide support via Zoom to a student who needs in-person support in order to access instruction via Zoom in the first place.

It’s like they think conforming with the IEP in any way complies with procedure, even if it entirely fails to meet the instructional purpose it’s supposed to serve from a substantive standpoint. The real tragedy, here, is that these paint-by-numbers bureaucrats don’t understand how to act according to the substantive needs of the student; they just want to know which form they are supposed to use.

This significant subset of the public workforce may have memorized many of the procedures for the job and can usually find the right form to use, but don’t ask them to actually engage in deductive reasoning, creative problem-solving, troubleshooting, or solution-seeking. They simply can’t. They don’t think that way. And, the human resources department didn’t recruit for people who can think for themselves on purpose.

The middle management jobs require drones who respond to authoritarian hierarchies of leadership and do not question the orders they are given, if the system is going to function according to its bigoted design. And, that is how it has been functioning for the last few decades following the passage of federal civil rights laws, including disability-related laws that first started passing in the early 1970s, up through the Americans with Disabilities Act (ADA) in 1990.

Those laws were necessary because the public education system, among others, was actively discriminating against children with disabilities, including denying them even enrollment. The public education system was already discriminating against students with disabilities or the laws would not have become necessary.

When the laws passed and the public education system was ordered to comply, those individuals who had been philosophically opposed to accommodating learners with disabilities were still employed by the public education system, by and large. They didn’t all leave. Many stayed and have been sabotaging it from within this entire time. And, they recruit people who are too incompetent to realize they’re being used and/or too afraid of losing their jobs to dare question what is really going on, so they can maintain positions of authority and control according to their own fascist belief systems rather than their mandates under the law.

One of the most powerful things to come out of the current state of affairs in this country is the cracks in the publicly funded systems that people like me have been squawking about to no avail for decades, but which can no longer be denied by the masses. As we move forward to rebuild a better America in the wake of the destruction currently happening all around us perpetrated by people with way more authority than they can responsibly handle, it is painfully obvious that we have a disturbingly large swath of the adult population that “pass” as competent adults but who actually are not.

These individuals occupy a great many niches of society, including in the public sector. Their approach to leadership, when they are allowed into offices that require more of them than what they possess, is destructive. It can ruin a child’s future through educational malpractice at the local level or fan the flames of a global pandemic and domestic terrorism at the national level until it ravages the entire nation.

These individuals place cronyism over science because they are not smart enough for the science and, frankly, they’re not smart enough to cover the tracks of their cronyism. They have simply had the power of money behind them and those without money have had to tolerate their malarkey as a matter of survival. But, now that tolerance doesn’t even achieve survival for those without, so they aren’t motivated to tolerate the malarkey anymore. Look out Marie; here comes the guillotine.

Society has finally had its fill of incompetent bullies acting like they are better than the rest of us to the detriment of us all and for no other reason than to stroke their own egos and line their own pockets. We have become aware that they are too dimwitted to realize the harm in what they are doing and too selfish to have any sense of compassion or empathy for the people they hurt.

These individuals are emotionally still children, trapped in their bodies for decades without maturing, thinking their chronological age and changing external appearance are all of what earns them respect as adults, and often unable to fully engage in adult-level problem-solving and critical thinking tasks, but able to develop academic and/or professional skills that can otherwise allow them to “pass” as competent.

These are high-functioning individuals with significant impairments in judgment who engage in intuitive rather than deductive reasoning. Intuitive reasoning is age-typical in young children. It’s indicative of an impairment in adulthood. It co-occurs with egocentric thought, in which the individual is incapable of engaging in perspective-taking and appreciating the experiences and viewpoints of others.

An egocentric person is the center of their own personal universe. Everyone else is just an object in orbit around them who may or may not serve a useful purpose at times and is only accessed when the egocentric person thinks an individual is useful.

The egocentric person recognizes his/her/their own agency – that is, the ability to act upon the world to produce intentional outcomes – but they struggle to appreciate the agency of others. They tend to only perceive other people relative to their own thoughts and feelings and fail to consider that other people have their own thoughts and feelings that are each different from one person to the next.

Egocentric people tend to assume that whatever they are thinking and feeling is what everybody else is also thinking and feeling, and/or that everyone else’s decisions are made with the egocentric person in mind. The egocentric person struggles with perspective-taking, which requires that they first understand the agency of others and that everyone is preoccupied with their own thoughts and feelings, not making the egocentric person the focus of their every decision.

Errors of omission and thoughtless, inconsiderate acts by others are perceived by egocentric people as deliberate efforts to cause harm or offense to the egocentric person. Because egocentric people assume that whatever they want and need is automatically understood by everyone else, which is because they assume everyone else is thinking and feeling the same things they are, if everyone else fails to deliver according to an egocentric person’s expectations, the egocentric person attempts to force the desired response to present itself.

Because they lack the emotional intelligence to navigate many types of complex situations involving other people, whatever cognitive abilities they may actually have don’t do them much good. They make errors in judgment when it comes to how they interact with other people; how well they can do math, design a building, or research historical biographies just doesn’t matter in that moment.

When people like this become employed within the public sector and have to make policy decisions, they are incapable of putting themselves into the shoes of their constituents and engaging in legitimate representation and advocacy for services that meet the of needs of those they have been hired to serve. Because of their egocentrism, the job is a means to a self-serving end. Also because of their social/emotional developmental impairments, their ability to actually engage in adult-level problem-solving as required by their positions is equally limited.

Because they can’t actually meet the performance requirements of the job, they find ways to socially engineer their ways to the top, including taking credit for the accomplishments of their subordinates while sycophantically leeching onto the coattails of those who have grifted their way up the food chain before them. They all keep each other’s dirty little secrets about not actually being able to do their jobs and abusing their positions of authority to the benefit of the highest bidder, be the currency money, power, or both.

Eventually, an emperor emerges from the mix, some traveling salesmen weave him a in invisible robe from gold thread that, allegedly, can only be seen by competent people, and, as he’s parading down the street in this magical garment, a child points out that he’s actually just a naked guy played for a fool by a couple of con artists who have since skipped town with a fortune in gold thread. I’m paraphrasing the parable, here, of course.

The problem is that a public institution can become such a hopelessly dysfunctional system that it’s really better to take it down the way the Attorney General (AG) of the State of New York is trying to take down the National Rifle Association (NRA), right now. When the corruption runs as deep in a public agency as New York’s AG asserts is the case with the NRA, it’s better to scrap everything and start over with all new people and a new method of operating that conforms to the appropriate standards.

Sometimes the well becomes so hopelessly poisoned that it’s just time to dig a new well. I think America is at that crossroad in a very broad and general sense. We are at the tipping point of a crisis of conscience.

Who do we want to be? The cronyistic incompetents who stab each other in the back over superficial slights, engage in power grabs like reality TV show contestants, and are utterly detached from and incapable of living up to the responsibilities of the job? Or, the hard-working, methodical, responsible adults who understand and are humbled by the responsibilities before us, know that our efforts to do things right will pay off in the long run but we’re going to have to struggle in the short term to clean up the messes we’ve collectively made?

So many people who came before us fought and died so that we could have the freedoms and legal tools to save our democracy, right now. I have been fighting this fight since the 1990s, but I have also lived the reason for this fight as a twice exceptional student who was never identified for any kind of services or accommodations for my processing disorder when I was a K-12 student. During the 1970s and 1980s, when Section 504 and what is now known as the IDEA were new, they were not being implemented by the overwhelming majority of public schools in the United States at the time, and certainly not in Louisiana and Arkansas, where I grew up.

I was briefly put on Ritalin in my early elementary years. But, who wasn’t, back then? I was later diagnosed with “minimal brain dysfunction” in junior high as the result of a quest for a reason why I couldn’t walk in heels (there was great social pressure on females in the Deep South at the time to wear pumps with everything, including jeans). I had to do physical therapy to stretch out my hamstrings and heel cords from all the years of toe-walking I’d done (which, by the way, toe-walking can be a neurological soft sign of autism).

My vestibular sense and my proprioception were jacked. My reflexes were/are abnormal. I can distinctly remember having visual processing issues that made it such that my brain couldn’t piece together what I was looking at to make a picture of the world that made any sense. Abstract shapes would slowly resolve into a singular whole that then made sense, but I can remember having to wait for that visual resolution to occur at the brain level before I could start understanding what was happening around me. My eyes could see, but there was lag time between when I looked at something unfamiliar and my brain was able to put the shapes together in a cohesive way that I could understand. My last recollection of that happening to me was around 8 or 9 years old. I can remember it happening a lot prior to then.

I also had very bad vision, so it could have been that my brain didn’t get the requisite practice at piecing together the parts of what I saw into a cohesive whole until I got glasses and could actually see everything clearly. I don’t have ADHD; I have ADH – Oooh, shiny! I also have mild hearing loss due to a condition that runs in my family. My dad and many of my cousins have hearing aids. I haven’t gotten to that point, yet, but it’s coming, eventually and that’s okay. Worse things could happen; hearing aides don’t ruffle my feathers in the least. I’m just not spending the money until I have to.

The point is that I had a mixed bag of processing issues as a kid that was somewhat offset by my processing speed, but not enough to make me academically successful. I know what it’s like to have my potential wasted by people who don’t understand my needs as a developing child. The adults in my life cared, but were at a loss as to what to do because the science just wasn’t that good or well known at the time, and certainly not where I grew up. They couldn’t begin to abide by the relatively new civil rights and special education regulations; the science behind it was way beyond them. They didn’t know any of that.

But, that was a long time ago. We don’t have those same excuses, now. Adults like me who used to be those struggling students decades ago are everywhere now in public education advocacy, rights, and reform efforts. We know first hand why it’s so important for the public education system to engage in person-centered planning for every student, not just those identified as having something “wrong” with them.

We also understand why it is so important to identify those who do have exceptional needs, and meet those needs, so these students have equal access to learning as that given to their peers without exceptional needs. We understand why it is so important to address the disabilities of our twice-exceptional students while simultaneously nurturing their gifts. Last year, Kodi Lee brought the point home to the lay public, which had not had any similar prior exposure to twice-exceptional people, and certainly not one so impactful.

No matter how impaired someone may present, the public learned to never assume that such a person’s presentation accurately captures all of who that person is. Kodi humbles people in the kindest, most innocent, and inadvertent way, which is what makes him so powerful. He isn’t trying to ram a message down anyone’s throat. His existence is the message; he lives it for the rest of us to observe and copy.

Kodi is a powerful living metaphor to not judge a book by its cover, which has been a recurring lesson born over the last few years of these talent competitions happening around the globe that he simply drove home with an exclamation point. The cultural norms surrounding public opinion of people with disabilities have tipped strongly in the direction of inclusion by the display of capability and superior abilities by contestants with a wide variety of impairments in these competitions.

Leave it to the entertainment industry to be the agent of change. If we live in a shallow culture in which life imitates art, then art should model appropriate behavior, such as inclusion. I’ll say this for Simon Cowell: he made inclusion marketable and profitable by allowing talented people to be defined by their acomplishments rather than their limitations. At the end of the video clip of Kodi Lee’s first audition for America’s Got Talent, after winning the Golden Buzzer, the judge who had awarded it to him, Gabrielle Union, told him straight to his face, “You just changed the world!” and she wasn’t lying.

This is part of the brave new world that is to come as we rebuild our public education system to meet the needs of today’s students in the 21st Century, including the flexibility to rapidly adapt to changing lifestyles, national emergencies, job market demands, and advancing technologies. All of these things will continue to collectively alter how we teach and manage the teaching process according to best practices, and continue to engage in ongoing research to continually improve those processes and their supporting administrative procedures.

Which circles us back around to the issue of stay-put and the recent stay-put order from OAH, linked to above. While the order is limited to California, it is germane to a federal district court case being tried in the Central District of California in which the plaintiffs, which include parents of children with extreme special needs who are not getting the 1:1 in-person services required by their IEPs, are suing the State over school shutdowns and attempting to get a federal court injunction that allows school districts to decide whether to reopen or not.

Not surprisingly, the case originates out of Orange County, California, which has a large extreme right population relative to the rest of the State and is, not coincidentally, also a COVID-19 hotspot within the State. COVID deniers abound and are having a deleterious impact on local governing decisions as they impact public health. For a lawsuit disputing the legality of school shutdowns over a legitimate public health crisis to emerge from this climate is not exactly a shock.

Not also surprising is the rampant special education violations and related scandals that have plagued Orange County for decades. Egocentrism is confused with personal civil liberties, and the welfare of others is beyond comprehension, resulting in extremist beliefs and behaviors. It is not shocking to me that school board members who have been actively violating special education and civil rights law convinced a bunch of parents who they were actively screwing over to join them in a federal lawsuit against the State to force the schools to reopen in order for their kids to access services.

If you read the plaintiffs’ complaint compared to the legal authorities I’ve already cited previously in this post, it’s plainly evident that these people don’t know what they are doing. I spoke with the State’s lead attorney on the case last week and shared the arguments I’ve now presented in this post with her.

While the judge has yet to decide the case, and, in fact, today is the filing deadline on briefs regarding the exhaustion requirements under the IDEA and the California Department of Justice (CADOJ) is on it, the nature of the questions the judge asked the parties to brief in his last minute order inclines me to believe that once those questions have been answered, we’ll have a federal district court decision on the matter that will apply to every school district in California.

The CADOJ’s arguments must naturally rely in part on the arguments I’ve asserted herein. The federal district court judge will likely defer to the OAH stay-put order that was just issued yesterday, given that OAH has the authority to try special education cases and is, therefore, authoritative on how the law applies to the rights of special education students, special education students must exhaust their due process rights through OAH before filing in federal court (generally speaking), and it is proper for the federal court to defer to OAH’s judgment, which will mirror the arguments I’ve been asserting this whole time and which CADOJ will also be asserting. They are aware of yesterday’s stay-put order, as well, just in time to meet their filing deadline.

Things are about to get a whole lot more okay for a lot of kids on my caseload. Whether their LEAs capitulate and provide the services or we end up going to hearing with the right kinds of legal authorities backing us up, either way, the rule of law is working slowly but surely and the application of the peer-reviewed research to the delivery of special education, now that reform is unavoidable, is about to enjoy a new era of advancement in the education of all students, not just our students with the most demanding needs.

It’s always darkest before the dawn. An extinction burst of escalated behaviors always comes before a maladaptive behavior finally becomes extinct. We are riding out one heck of an extinction burst on the part of incompetent people whose cronyism and transactional relationships have defined their realities and ours, and who cannot function in a more advanced, emotionally intelligent society that is moving increasingly towards meritocracy in which actual ability and earned achievements promote social status. Hucksterism has become obsolete. The Patriarchy is now rightly seen as a pack of egocentric ghoulish caricatures, not as dignified elites worthy of worship by everyone else.

These moments will pass and we will have the power to make something new and better once we get to the other side. This latest stay-put order and, hopefully, the upcoming federal court decision, are incredible first steps in the right direction.