Dear Honourable Ministers: Conor Has Voted Again for Flexible, Meaningful Inclusion, Alternative Learning Arrangements

Conor, anxious to get to Leo Hayes High School, to the resource center with other challenged kids for socialization, and to his individual learning area for his ABA based instruction, watches the clock this morning. Conor votes YES for flexible inclusion with meaningful access to learning.

Minutes before departure Conor, on his own initiative, brings Dad his sneakers to make sure I don't forget to drive him to school on time. 

Honourable Jody Carr Minister of Education and Early Childhood Development
Honourable Dorothy Shephard Minister of Healthy and Inclusive Communities

Dear Honourable Ministers:

I am forwarding the above composite picture of my son Conor, seated in the kitchen watching the clock at 7:30 am this morning.  Conor, now 16 years old, has severe Autistic Disorder and is assessed with profound developmental delays.  He was not placed on a "time out" chair for having behaved badly.  He was sitting there of his own choice because he was, as he is every day, anxious to get to school at Leo Hayes High School, an experience he truly loves and one which he misses during the summer months.  

I encouraged Conor to engage in other activities instead of just sitting on the chair and he did so. At precisely 7:55 though Conor, again on his own initiative, brought me a pair of my sneakers and handed them to me,  as a polite reminder to Dad to get ready to take him to school. To the far left of the picture is a red object. It is his school back pack including his lunch pack which he packs the night before and placed in the fridge.  In the morning, on his own initiative, he places the lunch pack inside the back pack and places them near the exit door to ensure that it is with him when Dad drives him to school in the morning.  

With these actions Conor indicates clearly what a positive experience his flexible inclusive education at Leo Hayes HS is for him.  Conor does not, at our request receive his instruction in a regular classroom. Some autistic children can prosper in a regular classroom and some, like Conor, require instruction outside the regular classroom in a quieter space where he is not overwhelmed by noise and other distractions. 

Conor started his schooling in a regular classroom and came home every day with self inflicted bite marks  on his hands and wrists. (self injurious behavior is a recognized condition commonly associated with autism disorders). Once removed the biting ceased and Conor received his instruction in an individualized area in grade school, middle school and high school.  His instruction has been provided by education assistants/teacher aides trained at the excellent UNB-CEL Autism Intervention Training program.  

Conor's socialization has NOT been impaired by these arrangements.  Throughout school he has, in consultation with us, his parents, been involved in various outings and activities within his abilities including some specified gym activities, swimming (his favorite), outings like apple picking (another favorite) and last year he even attended a play put on at Fredericton's playhouse. Other students have ALWAYS greeted Conor warmly at every level of school. Some have even sought him out at our home in order to say hello to him outside of school. At Tim Horton restaurants Conor has been greeted by staff who are were students at school and knew him through Best Buddies. I underline these facts because it is important to realize that full regular mainstream inclusion is NOT necessary to ensure a full social learning experience for children with severe challenges like my son.  

One of the greatest socialization assets for Conor has been the Resource Center at the Leo Hayes High School. The RC is well staffed with trained experienced personnel that know how to manage children with extra needs in as stress free a manner as possible.  It also provides a variety of tools and sharing of information directly by people who are actually working directly with challenged children.  Stigmatization does not occur by placing challenged children in a resource center for parts of the day.  Stigmatization and outright harm occurs by pretending that all children regardless of cognitive level and regardless of disability based sensory and behavioral challenges,  must receive instruction in the same area as their chronological "peers". 

I have made these statements again on Conor's behalf, as I have made them throughout his education because of the constant threat posed to the flexible mode of inclusion that has benefited him in his education. The ideologically based every child in the regular classroom model to which this current administration and its most trusted advisers subscribe would be detrimental and harmful to my son if inflicted upon him, if his ABA based learning in an alternative area or if his socialization, security and happiness in the Leo Hayes High School are targeted for elimination.

Conor demonstrates the success of the current flexible model of inclusion, of the ABA instruction he has received outside the regular classroom, of the security and opportunity for socialization that the Leo Hayes High School Resource Center provides.  Please do not ignore Conor's story while making decisions affecting his future and the future of other children who need accommodation outside the regular classroom.

Although I am a lawyer by profession I try to avoid making legal arguments in education discussion since they can unfortunately lead to confrontation when cooperation and understanding are so badly needed to ensure proper education and development of children.  Having said that I will provide you, with respect, to two links to documents summarizing leading precedents in Canadian jurisdiction concerning the need meaningful access to education of children with disabilities written by Yude Henteleff QC a distinguished lawyer and Order of Canada member who has represented many disability organizations in Canada. Without getting too detailed I believe these documents can be summarized by saying that case law has established that an ideological insistence on regular classroom placement of all children regardless of disability considerations, and without providing alternative arrangements to accommodate their disability based challenges can constitute unlawful discrimination:

1. The Fully Inclusive Classroom Is Only One of the Right Ways to Meet the Best Interests of the Special Needs Child.  (2004) Yude M. Henteleff 

2. MEANINGFUL ACCESS, INCLUDING THE PROVISION OF A WIDE RANGE OF PLACEMENTS, AS AN INTEGRAL PART OF INCLUSIVITY IN EDUCATION by Yude M. Henteleff C.M., Q.C., LL.D. (Hon.) (2012)

I would ask you foremost though to simply look at these pictures of Conor and take my word as his parent, as a long time autism advocate and representative of the Autism Society New Brunswick during the MacKay and Ministerial Committee inclusive education reviews (and current acting ASNB President). Not all children, and certainly not ALL autistic children function well in the regular classroom.   The ASNB position that children should be educated in a manner consistent with an evidence based determination of their best interests is consisted with the policies of the Canadian Learning Disabilities Association. It is also consistent with the first section of the PNB definition of Inclusive Education that resulted from the Ministerial Committee review of inclusive education:

"Inclusive Education

I. Vision

An evolving and systemic model of inclusive education where all children reach their full learning potential and decisions are based on the individual needs of the student and  founded on evidence." (underlining added - HLD)

I ask both of you Honourable Ministers to be faithful to the above definition of inclusive education fashioned after years of consultation conducted by Ministers of the Lord and Graham governments and examined the evidence of my son and other children with needs that require education outside the regular classroom.  Please continue the option for individualized education outside the regular classroom for those like my son who require that arrangement.  And please do not eliminate valuable, proven resources like the Leo Hayes High School Resource Center that have contributed so much in the way of socialization, security and friendship for my son and others with similar needs.

Respectfully,

Harold L Doherty

Fredericton NB

Facing Autism Flexible Inclusion Versus NBACL Extreme Inclusion on CBC Maritime Noon Thursday September 20

This Thursday, September 20, 2012 at 12 pm AT (1 ET) I will be a guest on the CBC Radio show Maritime Noon.  I will be discussing and advocating for a flexible model of inclusive education. Marlene Munn will also be interviewed on behalf of the NBACL which promotes a full, and in my opinion, extreme model of regular classroom inclusion for all students.  I am not sure if persons outside Canada can access the show on the CBC web site but this is the link for Maritime Noon if you want to try and listen to the discussion at the  CBC Maritime stations listed on the right side bar under "Air Times".

I have commented previously on the NBACL's inflexible, extreme model of inclusive education which requires all students, regardless of their abilities or disabilities, regardless of the challenges they face, regardless of the evidence and regardless of whether it is in a specific child's best interests to receive instruction in the regular classroom. I have written and spoken often of the fact that we had to ask for our 16 year old son with severe autistic disorder to be removed from the regular classroom which overwhelmed him and resulted in serious self injurious behavior. 

Autism, as the cliche goes, is a spectrum disorder and some autistic children thrive in the regular classroom. Some do not. For some, like my son, the regular classroom causes harm. Yet, the philosophically obsessed NBACL which acts as an unofficial division of the New Brunswick Department of Education and Early Childhood Development, as I described in Autism Education in the Era of the NBACL Inclusion Government, opposes a flexible model of education which would provide alternative learning environments for those children, like my son, whose challenges, based on the evidence, require learning in a quieter environment using different instruction methods suitable for them. 

Some people find it difficult to believe that the NBACL, in this day and age, contrary to evidence, contrary to common sense, and contrary to the experience and wishes of parents, who best know their own children, would still insist that every child should be educated in the regular classroom.  But that is exactly what the NBACL insists upon.  As the NBACL likes to say  its philosophy based full Inclusive Education policy "is that simple".

NBACL Web Site: Inclusive Education

What is inclusive education? It is simple: children go to their community or neighbourhood school and receive instruction in a regular class setting with non-disabled peers who are the same age.


NBACL Icon Gordon Porter in  the Western Star (Newfoundland) article "Inclusion in the classroom simple, says educator"  

CORNER BROOK — Gordon Porter believes inclusion is the most natural thing in the world. The educator and director of Inclusive Education Initiatives presented a session on inclusive education at the Greenwood Inn and Suites on Thursday. Porter, who is also the editor of the Inclusive Education Canada website inclusiveeducation.ca, spoke to parents, educators and agency professionals who deal with children with special needs at the pre-conference for the Newfoundland and Labrador Association for Community Living Conference taking place in the city today and Saturday. The session was sponsored by the Community Inclusion Initiative. 

Porter’s session revolved around the theme of parents and teachers working together to make inclusion work.“It means kids go to their neighbourhood schools with kids their own age in regular classes,” said Porter.“If you’re seven years, old you go to the school just down the street. You go in a class with other seven-year-olds, and you’re supported if you have extra needs. “It’s so simple, it’s that simple,” said Porter."

Autism and Education: Conor Votes For FLEXIBLE Inclusion

UPDATE: Conor had a great day at school today!

Conor got up at 6 am today, as he has for the last 2+ months to mark down the number of days to school. He started doing this with 65 days to go and today he was very happy to mark 0 days to school! He also placed his packed bookbag and lunchbag at the front door to make sure we went to school.

Conor has severe autistic disorder with "profound developmental delays".  He was removed from the regular classroom, at our request, early in his education when we realized that the self inflicted bite marks were happening because of his placement in the regular classroom where he was overhwhelmed.  The biting declined, and disappeared completely, once he was placed in an individual learning environment to receive his ABA based instruction.  Since then adjustments have been made so that he starts his day and spends breaks with other challenged students in a resource center at the Leo Hayes High School. It is an important and valuable resource where Conor has been very well received and where he has made friends.  He also socializes with other students in the halls and in a variety of settings in the school and on expeditions. He receives his primary ABA based instruction outside the mainstream classroom in a quieter, less overwhelming individualized environment.

Conor's flexible model of inclusion works for him and many other students who require accommodation of their disability based challenges. The rigid ideological everyone in the classroom philosophy for learning did not work for Conor and does not work for ALL students with autism and other challenges.  Some students with autism can prosper in the classroom some can't.  

It is necessary, in an evidence based, humane and lawful education system to look at the needs and strengths of each child and accommodate those who require accommodation.  In some cases that means outside the mainstream classroom. 

Conor voted against the rigid inflexible model of full inclusion for all when he came home each day with bite marks on his hands. Today, once again, he voted for FLEXIBLE inclusion when he marked his board to show ZERO days to school.  Conor is going back to school, flexible inclusion and all, and he is very happy.

Severe Autism and Education: Conor Doherty Votes Yes! to FLEXIBLE Inclusion

Conor receives what full inclusion advocates call a "segregated" education because he receives his ABA based instruction, for his autistic disorder, in a quiet location outside the regular classroom. (Although he does have many activities with other children for outings and other events, such as swimming, apple picking, visits to the Playhouse in Fredericton). 

As his father, I consider the combination of individualized learning environment combined with group outings and activities to be an evidence based approach to accommodating Conor's severe autism challenges that is done in his best interests. In the yellow board picture Conor votes YES! to this evidence based, flexible inclusion approach that has worked so well for him.

Conor loves his schooling as it now is and loves attending school.  Summer vacation is difficult for Conor and he gets very frustrated at times.  One of the tools we came up with for managing his frustration is to have him write on a board the number of days until school with Conor changing it each day.  At 6 am every day Conor jumps up, unprompted, and changes the number.  It helps him understand that school, and the so called "segregated" education he loves, will return. 

Conor has been well accommodated with his individualized learning environment combined with ample opportunities to mix with other kids at school outings.  He loves school and he knows a lot more about his own needs then the full inclusion ideologues who dominate education policy in the current New Brunswick government and who would take the schooling Conor loves away from him.

Autism Society New Brunswick 2005 Submission to the MacKay Inclusive Education NB Review

May 24, 2005

  

AWM Legal Consulting Inc.
7071 Bayers Road R.P.O. box 22076
Halifax,  Nova Scotia  B3L 4T7 

To Whom It May Concern:

The following  is Autism Society of New Brunswick’s submission to the Inclusive Education: A Review of Programming and Services in New Brunswick committee.

  

Thank you,

Luigi Rocca

President, ASNB

            

“If a child cannot learn in the way we teach, then we must teach in the way he can learn.”  Ivar Lovaas.

Autism presents one of the biggest challenges to the New Brunswick Government’s inclusion policies.  According to the Department of Education’s own numbers, there are no less than 1,000 students in the public school system with Autism Spectrum Disorder.  In the majority of cases, these students are not receiving a meaningful education.  

What Inclusion means to Autism Society of New Brunswick

Inclusion is a philosophy, not a methodology.

-          Inclusion should provide autistic school children access to a REAL education in a positive learning environment which may be inside or outside the classroom, or a combination of both, depending on the individual circumstances of the student with autism with the support of an individually assigned and dedicated Teacher Assistant (TA) formally trained in Applied Behavioural Analysis (ABA) methodologies.

-          Inclusion is more than simply including students with an Autism Spectrum Disorder (ASD) physically in the classroom.

-          “The philosophy of “full inclusion” is that students with special needs can and should be educated in the same settings as their normally developing peers with appropriate support services rather than being placed in special education classrooms or schools.”  Medical School, University of North Carolina.

Although the goals and values underlying full inclusion are laudable, neither research nor thoughtful analysis of the nature of supports concurs.  There is very little empirical evidence to support the above definition of full inclusion as it relates to students with autism.

-          Numerous studies clearly show students with an ASD cannot learn in a typical classroom environment.  Students with an ASD learn in a one-to-one setting, exclusive of the classroom.

-          Students with an ASD who have no supports will not learn.  If students with an ASD have supports such as formally trained TA’s in ABA methodology, reinforcers, trials, rewards, visuals, etc., learning occurs.

-          ASD, by its very nature, manifests itself differently with each student.  Therefore, flexibility is absolutely crucial with respect to classroom inclusion.  Some students with an ASD, particularly lower functioning students learn better in a quieter setting outside the classroom while some can learn in a room with their peers; most will benefit from a judicious mix of the two settings.  It is imperative that each student be properly assessed by trained individuals so that a proper and individualized learning environment can be designed for each student.

-          Many students with an ASD will be following a completely distinct curriculum.

-          It is critical to take into account the needs and characteristics of the individual student with autism and apply flexible inclusion policies so as to ensure the highest quality education and development.

What Do We Need

-          Ideally, parents of students with an ASD would benefit most by having teachers trained in ABA methodologies to teach their children on a one-on-one basis.  We realize that with the one-to-one methods required for most autistic students, it would be unrealistic to expect this of the public school system.

-          In general, New Brunswick has some of the highest quality teachers anywhere.  They are, however, sorely lacking in the training and knowledge necessary to plan and implement effective strategies for students with an ASD.

-          The Department of Education does not provide the proper training in ABA to work one-to-one with ASD students.  Faced with this reality, parents have asked for dedicated, individually assigned TA’s trained in ABA.

The Department of Education, the Teachers Union, and CUPE Union representing TA’s have to understand this reality, and adjust their collective agreements to reflect it.  It is imperative that no student be denied a meaningful education due to union or collective agreement issues.  Unfortunately, this often what happens so it is critical that the current mindset be changed.

-          Parents are frustrated and angry at the Department of Education policy on TA assignment, as the TA is for the teacher not the individual student.  Also, TA’s changing on a regular basis from year to year, multiple TA assignments to a student with autism throughout the school day, no guarantee that a TA trained in ABA methodologies will be assigned to an ASD student.

-          The TA Union needs a special designation of TA’s with ABA training to be matched with students   with an ASD.  Currently TA’s with special training in tube feeding or catherization are matched to students with this type of need and the same standard needs to apply with ABA training of TA’s.

-          The members of the Unions should have their rights but they should also be part of a regime which reflects more expressly the need to protect students with autism who are sometimes hurt by job competition process and work jurisdiction disputes between the Teacher and TA unions.

-          Faculties of Education need more learning in Special Education given the number of special needs students.  Universities should be offering degrees in Special Education.

-          To achieve inclusion for students with an ASD proper support is needed in the form of TA’s who can work one-to-one with students with autism, and who are formally trained in ABA methodology, which has been proven effective in educating students with autism.

 A Service Delivery Model 

        -   In New Brunswick ABA Training is available through the College of              Extended Learning: Autism Intervention Training.  The Department of Education to date has not seen fit to provide this training to its TA’s and Methods & Resource Teachers (M&R).  Yet, it is this very training which would squarely meet requirements to teach students with an ASD.

-          The Autism Support Worker (ASW) course offered through the College of Extended Learning is exactly what is needed for TA’s who work in the school system with students with autism.  It would be purely arbitrary to fail to provide the necessary training, or to provide less adequate training to the TA’s who work with students with an ASD in the more challenging school environment.

-          The Clinical Supervisor (CS) training offered through the College of Extended Learning is exactly what is needed for the Resource & Methods teachers.  These ABA trained teachers would be qualified to develop and monitor ABA programs designed specifically to each individual student with autism.  The ASW trained TA will be under the supervision of the trained M&R teacher, to implement the ABA programs with the individual student with autism.

-          Speech Pathology, Occupational Therapy, and Physiotherapy services are offered to students through the Extra Mural Program.  The input from these professionals, which is often required for the student with autism, can be incorporated into the individual ASD students ABA program by the CS trained M&R teacher, followed by the ASW trained TA to implement.

-          The teaching of life skills, especially in the Middle and High School levels; need to be incorporated into the autistic students education program.

-          A specific outline of transition protocols for transitioning from Elementary to Middle School, and Middle School to High School, based on the individual autistic student’s needs.

What Are the Systemic Barriers to Having Inclusion

Again…. Inclusion is a philosophy not a methodology.

-          A teacher cannot instruct an entire class and still provide the level of one-to-one instruction required by a student with an ASD.

-          Inconsistency and misinterpretations of the learning needs of students with an ASD at the Department of Education level, School District level, and School level.

-          Collective agreements between the NBTA and CUPE representing TA’s, do not address the interests of students with an ASD, and some procedures and rights within the contracts can be detrimental to the education of students with an ASD.  Two examples are work jurisdiction and seniority rights.

-          Long wait times for students with an ASD to access Occupational and/or Speech Therapy are not the exception, they are the norm.  Once recommendations are made, it is common for the recommendations NOT to be implemented.  School Administrations, teachers, and M&R teachers do not appreciate the “how” and “why” to implement these recommendations.

-          Organization of Team meetings often falls on the shoulder of the parents.

-          Schools have denied parents requests to have the Department of Education’s Autism Consultant involved.

-          The Department of Education’s required document of the SEP/IEP is not meaningful.  The goals are often vague, not clearly defined, and not a working document.  It is developed and utilized in a variety of ways throughout the province.  Often viewed by parents as a waste of time to incorporate.

-          Educators often label behaviors incorrectly i.e.: bold and rude, when in fact the behavior is communication impairment.  For example, we know of one high functioning student with an ASD who forced himself to vomit in order to have himself removed from the classroom which was causing him great anxiety.  This behaviour is often interpreted as “bad” when in fact from the student’s perspective, it is very rational.  In time, what is considered a normal environment for most students becomes torture for a student with an ASD and they will do whatever is necessary to stop it.  Any rational person would do the same thing.

-          Teachers and School Administration often inadvertently reward negative behavior of students with an ASD.  Thus increasing the negative behavior leading to student frustration, and at times, suspension.  Suspension is a consequence a student with an ASD might not have any ability to understand, thus leading to more complications for the student to receive a REAL education.  In addition, what is perceived by the teacher as a “punishment”, can actually be a “reward” for the autistic student because it removes him/her from the classroom.

Propose Alternative Methods of Delivery

-          The Department of Education needs to endorse having more than one Autism Consultant for the entire province.  One Autism Consultant is inadequate to serve a population of more than 1000 students.

-          Training of TA’s as ASW’s, and training of M&R teachers as CS’s through the College of Extended Learning: Autism Intervention Training.

Accountability Measures

-          The Department of Education fully endorse ABA, providing formal training to TA’s and M&R teachers.

-          Develop a legal and workable education tool to replace the SEP/IEP.

-          ABA was endorsed recently in the Department of Education’s Teaching Students with Autism Spectrum Disorder document.  However, the document is woefully inadequate on specifics of formal training and implementation of ABA methodologies.

-          ABA is endorsed by a wide variety of very credible institutions and research organizations.

-          Court cases have clearly outlined ABA as the only proven method for treating and teaching children with autism, and the child’s constitutional right to have it provided.

Auton, BC 2000

Deal, Tennessee 2001

Wynberg, Ontario 2005

Survey Results

Autism Society New Brunswick conducted a survey with parents of students with an ASD to get their views on the current system.  In the interest of brevity, we are not including the full results.  We can, however, summarize the views of parents in two words: frustration and despair.  The vast majority of parents, particularly those of low functioning ASD students, believe that the current inclusion policies are failing their children.  We will provide the details of the survey at your request.

Funding Model

One suggestion would be that the Province of New Brunswick acting through the Department of Education   ensure funding to ensure that TA’s are properly trained in ABA  and available to each student in the province that needs them, regardless of which school district they are located in. 

It should not be left to the individual school districts, and whatever funding model that is adopted should ensure this goal is met.

Final Comments

-          Until the Department of Education commits to ABA training of TA’s and M&R teachers, the outcome for quality education and more importantly a quality of life during the school years will continue to be bleak and discouraging.

-          Do not let students with an ASD currently in New Brunswick schools become a generation lost to bureaucratic inertia or lack of will.

We ask that the Department of Education formally train TA’s in ABA methodologies, who work with our autistic children.

Telegraph-Journal: New Brunswick Public Education Must Be Inclusive and Flexible

A New Brunswick Telegraph-Journal June 16, 2012 editorial, reprinted in its' entirety below, has called for a flexible model of inclusion for New Brunswick public education.  The editorial references education policy analyst Paul Bennett who gave a presentation Thursday at the Atlantic Human Rights Centre conference on inclusive education.  

---------------------------------------------------------------------------------------------

EDITORIALS

BE INCLUSIVE AND FLEXIBLE

TELEGRAPH-JOURNAL

EDITORIAL

17 JUN 2012 05:14AM

It is imperative that public education be accessible to all students. While the Alward government’s $62 million investment in new resources to support inclusion should help, critics say the province’s vision of inclusion itself needs to change.

One of those constructive critics is education policy analyst Paul Bennett. Mr. Bennett gives New Brunswick high praise for its commitment, but he does not believe equal access can be met within the walls of a single classroom. We’re inclined to agree.

The one-classroom model of inclusion cannot meet the needs of all students, as countless parents of children with Autism Spectrum Disorder and severe dyslexia can attest. Why not acknowledge that hundreds of families are not being well-served, and open the door to private schools or transition programs, funded by provincial vouchers, as Nova Scotia has done?

This would give parents greater choice in their children’s education. It would also serve as a better incubator of innovative and effective education practices than public schools can provide, while still being accessible to all.

The education department seems determined to train more teachers who are interested in special needs instruction. Given the low performance of New Brunswick schools generally, though, we’re not hopeful that New Brunswick can train its way out of this problem.

The average quality of schooling in New Brunswick is among the poorest in Canada. It is unlikely that the turnover in teachers who are better trained will occur fast enough to meet the needs of average students, let alone those who require specialized instruction.

Wouldn’t student needs be served better by permitting the creation of new schools and programs specifically for students with special needs, staffed by professionals who specialize in this area of education?

These schools would not replace classroom inclusion, but augment it by providing alternatives for those students whose needs are greatest.

In Nova Scotia, parents already have access to private, independent special education schools. Since 2004, when the Nova Scotia Tuition Support Program was created, the provincial government has even provided short-term funding for students to attend designated special education private schools, with the goal of transitioning back into public schools at a later date.

We are proud to live in a province which has affirmed that all students have an equal right to education. Surely it is not a big step to admit that to achieve this equality of opportunity, some special needs students will require resources outside the standard classroom.

CBC: Autism advocate questions 'extreme' inclusion model

The caption below the picture of me and Conor is from the CBC web site article Autism advocate questions 'extreme' inclusion model.

"A high-profile autism advocate in New Brunswick is questioning the merits of what he calls the Department of Education's extreme inclusion model. “I believe that the kind of evidence-based intervention that we need for our children, in some cases children with autism, is absolutely necessary and to deny it is a denial of the human rights, basically, of children like my son,” he said. Doherty was responding to a recent statement written by Gordon Porter, the former head of the New Brunswick Human Rights Commission.

Harold Doherty, who has an autistic son and runs a blog dedicated to autism issues, contends the classroom isn't the right setting for every child. Porter, who has played a key role in the province's approach to inclusive education, wrote on a Canadian education website that some interventions in the school system result in segregation and pose a challenge to inclusive education. Doherty, however, argues that’s based on philosophy, not evidence.

He is challenging Porter to a public debate on the issue."

Following is the CBC audio clip of my interview by CBC's Terry Seguin.

Autism and Education: The Full Inclusion Mainstream Classroom For All Standard Discriminates Against Some Autistic Children

 

Extreme Full Inclusion Model of Education in Canada

 and New Brunswick has Discriminated Against

 Some Children With Autism Disorders

Imposing a standard, namely that the inclusive classroom meets all needs, is a perception not based on reality and is stereotypical. In other words, the standard takes the position that one environment meets the needs of all special needs children. By its very nature, such a standard is discriminatory, as was made clear by the Supreme Court of Canada in the Meiorin, Grismer, Law and Mercier decisions.

THE FULLY INCLUSIVE CLASSROOM IS ONLY ONE OF THE RIGHT WAYS TO MEET THE BEST INTERESTS OF THE SPECIAL NEEDS CHILD

Presented by Yude M. Henteleff, C.M., Q.C.
to the
C.A.C.L. NATIONAL SUMMIT ON INCLUSIVE EDUCATION
OTTAWA, ONTARIO
NOVEMBER 24, 2004

The above document by Yude Hentelleff  QC should be mandatory reading for Educators and Human Rights Commission and Tribunal  members across Canada.  Unfortunately that does not appear to be the case particularly in New Brunswick where the extreme full mainstream classroom inclusion model has been pushed relentlessly by Gordon Porter, the New Brunswick Association for Community Living and senior officials in the Department of Education.  

Meanwhile some children, including some autistic children, for whom the mainstream classroom is not the right learning environment are forced into situations where they injure themselves, or others, in order to get out of an environment which is not the right option for them; an environment that overwhelms and harms therm.  My son, fortunately, has been accommodated in a separate learning environment for his primary ABA based instruction in our neighborhood schools with time spent in common areas of the school for other activities where he does get to interact with other students.  Conor was removed from the mainstream classroom, at our request, after he came home every day with bite marks on his hands and wrists.  He has been well accommodated by our schools and our school district. Other students for whom the mainstream classroom is not the right option have not always been so fortunate. 

Autism in NB Schools and Gordon Porter's New Minister of Education

Gordon Porter                            Education Minister Jody Carr

Gordon Porter was one of the 5 men  who formed the David Alward transition team that advised New Brunswick's David Alward as he prepared his transition from Premier Designate to Premier. One of the key tasks they handled was to assist in drafting the 15 Conservative MLA's who would form the pared down Cabinet. It is no surprise that MLA Jody Carr was named to fill the post of Education Minister. Carr, his wife Krista Carr, and brother and fellow MLA Jack Carr, are all disciples of Gordon Porter's extreme inclusion philosophy. They have all resisted for several years, in conjunction with Gordon Porter and the NB Association for Community Living with which Mr. Porter and the Carrs are affiliated,  efforts by parents of some autistic children to have their children educated in neighborhood schools but outside of the mainstream classroom

Gordon Porter began introducing in NB his extreme model of inclusion, with its "all children in the regular, mainstream classroom", decades ago. His views on inclusive education do not appear to have changed, literally, since mankind walked on the moon. During the MacKay Review of NB's inclusive education system, and while Mr. Porter was chairperson of the NB Human Rights Commission,  he spoke to me, and another autism advocate, contemptuously and angrily, dismissing us as "you people". While in the position of NB Human Rights Chair Gordon Porter's HR officers drafted a position on accommodation in NB Schools ..  a position which supports Porter's "keep all children in the mainstream classroom" vision.  

Gordon Porter's philosophy resulted in Conor being placed in a mainstream classroom where he was overstimulated and overwhelmed by being forced to learn a different curriculum by a different method than the other students in the class. Conor came home every day with bite marks on his hands and wrists while in Gordon Porter's inclusive classroom setting. The  biting declined and ceased almost entirely once he was removed at our request to a quieter setting. The evidence did not support Conor's inclusion in a mainstream classroom and school and district officials respected that evidence and accommodated my son's disability. I am thankful that they did.  

Gordon Porter's extreme inclusion philosophy has lost ground in NB schools despite his stranglehold on positions of influence in education circles. The Ministerial Committee on Inclusive education, which began during the Lord government years, and continued during the Graham government of the past 4 years,  made a commitment to an evidence based approach to inclusive education based on the best interests of the individual child in its definition of  inclusive education. That evidence based approach permits children like my son Conor, diagnosed with Autistic Disorder and assessed profound developmental delays, to receive ABA based instruction in a separate, quieter area of the school,  while visiting common areas of the school such as the gym, pool, kitchen etc where they can also meet other children. 

Hopefully Education Minister Jody Carr will shake free of the dominating influence of Gordon Porter and not try to roll back the progress that has been made in New Brunswick schools  by so many autistic children, including my son Conor. I am told by some people whose opinions I value that I should give Minister Carr an opportunity to do the right thing by autistic children so I will but I will do so reluctantly, cautiously and with an  eye to ensuring that the Porter Philosophy of Inclusion does not force my son back into the mainstream classroom where his education, his health and his safety would be at risk.  Hopefully new Education Minister Jody Carr will not try to undo the commitment to evidence based education that is necessary for many children with disabilities and disorders, including some with Autism Spectrum Disorders, to receive a real education in New Brunswick schools.

Autism Outside the Mainstream Classroom in NB Schools - 2 Important Tools to Help Your Autistic Child

 If you are a parent of an autistic child in a New Brunswick school receiving ABA instruction outside the mainstream classroom, or  the parent of any autistic child who does not function well in the mainstream classroom (MSCR) environment, you will probably face increasing pressure to have your child educated in the MSCR as a result of the recent election of the  Conservative government.
 
Educators will be under increasing pressure, arising from the extreme inclusion philosophy, and influence, of  Cabinet Minister in Waiting Jody Carr and David Alward advisor Gordon Porter, to reduce the numbers of children receiving their learning outside the mainstream classroom.

If your child learns better in an environment outside the Mainstream Classroom you will have to be prepared to firmly, but politely, never losing your cool, and always remaining courteous, fight back against  pressures to place your child in the MSCR with Gordon Porter and Jody Carr directing, or heavily influencing,  education in NB .  There are two important tools available for you to use; A Framework for an Integrated Service Delivery System for Persons with Autism in New Brunswick from the Interdepartmental Committee on Services to Persons with Autism", November 2001 (The IDC Autism Report) and the Department of Education's Definition of Inclusion, October  2009. 

1. The IDC Autism Report, November 2001 -  Accepted Evidence Based Principle

Gordon Porter's vision of Full Mainstream Inclusion for all was born in NB  long ago and it's stranglehold on the best interests and education of our children has been weakened only by  strong , well informed, advocacy from parents with autistic children. Full inclusion is based on philospohy and belief but not on evidence and the key to resisting the full inclusion advocates who would take away the gains made by your autistic child is to fight back, fight back using evidence based arguments and the evidence based principle that was accepted by the New Brunswick government in the report "A Framework for an Integrated Service Delivery System for Persons with Autism in New Brunswick from the Interdepartmental Committee on Services to Persons with Autism" which was completed in November 2001.  In that report, in the Executive Summary, and in the treatment recommendations for  the Committee endorsed evidence based practices for the delivery of autism services in Health, Social Services and Education. In Numbered paragraph 4 of the recommendations the Committee stated:

4. That early competent intensive interventions based on empirical evidence of efficacy be available for pre-school children with autism.

2. Department of Education - Definition of Inclusive Education, October 2009 - Individual Needs Of The Child Should Guide Decisions Which Must Be Evidence Based

The focus on pre-school children with autism was expanded with the decision to train Teacher Assistants and Resource Teachers at the UNB-CEL Autism Intervention Training program. Some 500 such trained personnel are now working with NB students many providing ABA service which to date remains the only evidence based intervention for autistic pre-schoolers or students.  The quasi-government NBACL does not recognize the need for quieter areas outside the mainstream classroom will be necessary for some children with autism to learn properly, particularly those with ABA based instruction requirements. NBACL, with its insistence that all children be educated in the MSCR,  played a dominant role in the Ministerial Committee review of inclusive education practices  but despite that dominance the Committee accepted in its Definition  of Inclusive Education, 2009 that inclusive education and decisions to help children reach their full learning potential must be based on (i) the individual needs of the child and (ii) founded on evidence  in  its Definition of  Inclusive Education, 2009:

I. Vision

An evolving and systemic model of inclusive education where all children reach their full learning potential and decisions are based on the individual needs of the student and founded on evidence.

If your child with autism requires learning for all or part of the day  in an environment outside the mainstream classroom gather the evidence in support of your position carefully including medical diagnostic reports, assessment reports and recommendations from any professionals involved with your child.  Use that evidence to demonstrate your child's individual needs requirements.  Use the IDC Autism Report, 2001  and the Definition of Inclusive Education, 2009 to support your case.

Present your case calmly and courteously and be prepared in SEP meetings with your evidence and the above documents to help you. Good luck.

Alward Transition Team Member Gordon Porter's Policies Harmed & Discriminated Against NB Children With Autism

"You people should be thankful for what you have"

The preceding statement was made by David Alward transition team member  Gordon Porter an Order of Canada recipient, former chair of the NB Human Rights Commission and godfather of New Brunswick's extremist "everyone must be educated in  the mainstream classroom" model of inclusive education, speaking to Autism Society New Brunswick representatives Dawn Bowie, a registered nurse, and mother of a son with autism and me, Harold Doherty a lawyer and father of a son with autism during the Wayne MacKay inclusive education review several years ago.  Mr. Porter was visibly angry with me, and with autism rep Dawn Bowie during a session of the review where we tried to inform him, and others present, that parental experience and research did not support his vision that all children benefit from mainstream classroom inclusion as a place of instruction.  He was upset that we were questioning the  extreme inclusive education model that he introduced in New Brunswick schools decades earlier and he dismissed anything we had to say.  He was contemptuous of our experience, our knowledge and any contribution we had to make. He did not want to hear that his extreme everyone in the mainstream classroom model is not appropriate for all autistic children. Dr. Goron Porter dismissed our contributions with the words "you people should be thankful for what you have".

We tried to tell Gordon Porter, and others during the MacKay  review,  about different ways of learning and different methods of teaching autistic children than those employed in the mainstream classroom. We tried to tell him that autism is a spectrum disorder, that some children with autism will in fact thrive in the mainstream classroom, others can benefit from the mainstream classroom for parts of their day and that for others the mainstream classroom is not appropriate at all and can even cause harm.  Gordon Porter .... and  Jody Carr's wife Krista Carr  ... who was present during the review as  a disability representative did not want to hear what we had to  say.

I tried to tell Gordon Porter, Krista Carr, and other mainstream classroom extremists, about my son's experience with the mainstream classroom for his first year of school when he would come home every day with self inflicted bite marks on his hands and wrists, that the biting occurred as a result of Conor being ovewhelmed by the mainstream classroom environment by the instruction he did not understand. I tried to tell them that the biting was reduced dramatically, almost entirely, when Conor was removed to a separate so called segregated area of the school for his instruction joining other students in common areas when appropriate for  Conor

 Mr. Porter introduced in New Brunswick's education system  an extreme version of inclusive education which insists that ALL children must receive their education in the mainstream classroom with their chronological peers.  It is based on the philosophical belief that all children regardless of ability or disability benefit from placement in the mainstream classroom.  It is NOT an evidence based approach to educating children with autism disorders.  The Gordon Porter Everyone in the Mainstream Classroom model of inclusive education does not work pure and simple. It has nothing to do with the realities of a child's abilities or challenges.  It is simply the faith of one man, Gordon Porter, and his cult like following which includes Jody Carr, Krista Carrr and Jack Carr. 

Gordon Porter's extremist mainstream classroom vision of inclusive education does not recognize the specific challenges faced by some children with disabilities, including some children with autism disorders. When Gordon Porter began, decades ago,  imposing his vision on NB schools autism was not known to the world at large.  While autism was known by some researchers as far back as Kanner in 1943 and was mentioned in the DSM II it was not identified in the DSM, the Diagnostic and Statistical Manual used by psychiatrists in North America, until the DSM III in 1980 well after the Gordon Porter Era had begun in NB.   

Dr. Gordon Porter knows nothing at all about autism disorders or the various challenges faced by many autistic children in a school environment.  During the MacKay Inclusive education review he did not want to learn either.  He did not want me or Dawn Bowie to speak about autism because we were also pointing out that his sacred cow, his extremist vision of inclusive mainstream classroom education did not work for those who were in dire need of assistance. Dr. Gordon Porter who has received awards from around the world did not want to hear evidence from people, Dawn Bowie and Harold Doherty, who knew much better than he, that his vision has actually harmed some autistic children, some of whom are sent home after his model fails them. So the very distinguished Dr. Gordon Porter, like his disciples Krista Carr, Jody Carr and Jack Carr, simply dismissed us and told us that "you people" should be thankful for what you have.

David Alward's Conservative platform in the recent election campaign was written be a committee chaired by Gordon Porter disciple Jody Carr who will be named as a cabinet minister, probably in Education or Social Development, in the Alward government.  Mr. Alward's embrace of Gordon Porter and his extreme inclusion model of mainstream classroom inclusion for all is a very ominous but clear sign that dark days are ahead for the children with autism who have made made much progress recently in NB schools.

Following is a comment I wrote on this blog 3 years ago about Gordon Porter and the discriminatory aspects of his extremist, non-accommodating vision of inclusive education:  

Tuesday, October 16, 2007

New Brunswick Human Rights Commission Guidelines Discriminate Against Autistic Students

The New Brunswick Human Rights Commision has adopted new guidelines to accommodating students with a disability in New Brunswick schools - New Brunswick Human Rights Commission, Guideline on Accommodating Students with a Disability. Unfortunately for some New Brunswick students with Autism Disorder the guidelines themselves fail to accommodate their disability and in doing so discriminate against some students with profound Autism Disorder. The guidelines fail to accommodate by creating a "norm" or presumption in favor of mainstream classroom placement even though, for some autistic students, the mainstream classroom in not an appropriate place of learning, can be overwhelming to environmentally sensitive autistic children and can be result in dangerous, self injurious behavior.


When the NB Human Rights Commission says that mainstream classroom placement is the norm education officials will quite understandably feel that it is necessary to place all children in the classroom. Essentially this "norm" will push students into the classroom who should be in a different, quieter, less busy location within the school in order for them to learn, and to not be overwhelmed. For those school districts who do not want to spend the money from their budget to accommodate more individualized instruction necessary for some autistic students placing them in the classroom without individualized instruction by autism specific trained Teacher Aides will be a cheap solution, as it has been in the past. And the presumption or norm created by the HRC will assist them in justifying their decision.


New Brunswick schools have, over the past 30 years, been dominated by an extreme inclusion model which saw all children dumped in the mainstream classroom without proper support and without regard for the individual conditions of some children with disabilities such as some severely autistic children. The result has been disruption in the classroom, failure to learn by some children, and in some cases, including my profoundly autistic son, dangerously self injurious behavior. Fortunately, over the past several years, the rigid ideological approach of the classroom inclusion for all philosophy has given way in some instances to an evidence based approach which requires examination of what actually works for each child. Educate the child in the way he or she learns best, in the environment in which he or she learns best. An evidence based approach is consistent with human rights policies by requiring an examination of the disability issues presented by the individual student. This evidence based approach was promised by the Province of New Brunswick Inter-Departmental Committee that examined autism services in New Brunswick between 1999 and 2001.


The IDC Report issued in November 2001, disclosed the already known fact that there were at that time very few autism specific services available in New Brunswick. The most significant accomplishment of the IDC Report was that it recommended an evidence based approach to provision of autism services. The three departments that sat on the IDC were Health, Family Services and .... Education. In fact, since that time there have been some to an evidence based approach being adopted in some New Brunswick schools.


My own son, profoundly autistic, was removed from the mainstream classroom, at our request, after he repeatedly came home from school with self inflicted bite marks on his hands and wrists. He was overwhelmed by the classroom. To the full credit of school, district, and Department officials they looked at the evidence and agreed to place Conor in a separate room for his instruction for most of the day. The education officials accommodated my son's disability by looking at his actual condition and educating him in an environment suitable for him in light of the realities of his autism disorder.


During the MacKay Review of Inclusive Education Autism Society NB presented a position paper for educating autistic students which called for an evidence based approach. Teaching children how and where they learn best in light of their actual condition. As one of the autism representatives I spoke on numerous occasions about the need for an evidence based approach for autistic students. For some autistic students the mainstream classroom is the appropriate learning environment. For others, including my son, it is not. This evidence based approach is supported by research including Mesibov and Shea (1996):


The concept of full inclusion is that students with special needs can and should be educated in the same settings as their normally developing peers with appropriate support services, rather than being placed in special education classrooms or schools. According to advocates the benefits of full inclusion are increased expectations by teachers, behavioral modeling of normally developing peers, more learning, and greater selfesteem. Although the notion of full inclusion has appeal, especially for parents concerned about their children's rights, there is very little empirical evidence for this approach, especially as it relates to children with autism. This manuscript addresses the literature on full inclusion and its applicability for students with autism. Although the goals and values underlying full inclusion are laudable, neither the research literature nor thoughtful analysis of the nature of autism supports elimination of smaller, highly structured learning environments for some students with autism.


This information was present throughout the Mackay Inclusion review process. In one session I attempted, along with ASNB Education Rep Dawn Bowie, to speak specifically about autism issues and the need for an evidence based approach by which autistic students are educated in a location, whether it be in the mainstream classroom or elsewhere, according to the realities of their individual conditions. My comments were met dismissively by a New Maryland school official who asserted that we were not there to talk about autism. They were also met with angry opposition by New Brunswick Human Rights Commission Chair Gordon Porter who was present and who told me and Mrs. Bowie that "you people should be thankful for what you have ". Mr. Porter then proceeded to talk about how bad it was in the Special Education system in New Brunswick many years ago and how the inclusion model was a very substantial improvement.


Given Mr. Porter's prominent role in putting the inclusion model in place in New Brunswick, and given his strong personal views, it is not surprising that the Human Rights Commission which he chairs has issued Guidelines which create a presumption in favor of classroom inclusion for all students. It is also not surprising in that the New Brunswick Association for Community Living was tasked by the Department of Education with holding professional development days for New Brunswick teachers to explain the recommendations of the MacKay Inclusion Review. The NBACL is a fierce advocate for the total inclusion model. The NBACL has paid staff who persistently lobby for the full inclusion model. An example are the awards they hand out to teachers in New Brunswick who best demonstrate inclusion practices in New Brunswick schools. The NBACL, in hosting the inclusion professional development days for teachers asked Gordon Porter to be the keynote speaker at the event. A request by ASNB to speak at the event, to speak with the teachers about autism, and the need for an evidence based approach, was rejected by the NBACL.


Mr. Porter and NBACL are both strongly committed to the full inclusion model and that commitment to a philosophy of classroom inclusion for all is reflected in the norm espoused by the new Human Rights Commission guidelines. The promotion of that norm by the Human Rights Commission will put even more pressure on teachers and school officials to put all students in the classroom. The promotion of that norm is contrary to the evidence based approach promised for autistic persons in the IDC Report and it is contrary to the duty to accommodate the individual differences of students with disabilities, particularly some students with profound autism disorder.


It was precisely that failure to accommodate individuals with disabilities that led Yude Henteleff QC to describe the full inclusion model as discriminatory in a paper he presented to the Canadian Assocation for Community Living in 2004. Mr. Henteleff has represented individuals with a variety of different disabilities including autism, deaf and hard of hearing,
aspergers, Tourette's syndrome, attention deficit hyperactivity disorders, developmental
disability, physical disability and the learning disabled. He has been the legal counsel for the Association of Parents of Children with Autism in Manitoba and has been associated with the Learning Disabilities Association of Canada. In The Fully Inclusive Classroom Is Only One Of The Right Ways To Meet The Best Interests Of The Special Needs Child Mr. Henteleff argued that the full inclusion approach is in itself discriminatory by failing to accommodate individual disability based differences. At page 2 he states:


It should be abundantly clear, having in mind the foregoing statistics, that for children
who suffer from emotional, mental, behavioural, cognitive, sensory, physical, expressive
language, visual and auditory difficulties (and often a combination of some of the foregoing), it is simply not possible to meet their diverse needs in one environment. One shoe simply cannot fit all.


Indeed, total inclusion is a discriminatory concept because it limits the environmental choices, which groups of children and youth with differing difficulties have the right to make in their best interests.


I am completely dedicated to the public school system. I believe it is an integral part of
whom and what we are as Canadians living in a democratic society. That means a place where all children are welcomed - regardless of their gender, sexual orientation, ethnicity, colour, religion, physical or mental condition. In other words, the public school system is a place where the social contract guaranteed by the Charter and Human Rights Codes is fulfilled. That social contract is that every individual is entitled to equality and to be free from discrimination.

However, schools being a welcoming place regardless of gender, ethnicity, colour, religion, physical or mental condition, namely inclusivity, is far different from what is described as "full inclusion" in the general classroom. Full inclusion falls far short of guaranteeing equality.

Mr. Porter, the Commission, and the NBACL which all advocate for full inclusion will argue that establishing a norm does not mean that all children must be kept in the classroom at all times and that their disabilities are accommodated. Their argument fails to take into account the pressure this will put on parents and educators to place children in the classroom first and to ask questions later, contrary to an evidence based approach and contrary to an accommodation of the child's real needs. Some parents, will not have a professional background to rely upon when dealing with the education system. Many are talked down to by educators. When told that the classroom is the right option for their child they not be inclined, or able, to challenge that position. With the Human Rights Commission creating a presumptive norm in favor of the classroom inclusion option there will be no realistic choice for the parents to consider in deciding how, and where, their child, severely autistic or otherwise should be educated.

The full inclusion model limits choice as Mr. Henteleff points out. The persistent efforts by the NBACL and its inclusion lobbyists to promote the full inclusion model has in practice limited choice for some parents and their autistic children who might be better served in a quieter environment outside the mainstream classroom. Mr. Porter, who has been a significant part of that push for full inclusion, and who is now the Chair of the New Brunswick Human Rights Commission, has presided over Commission guidelines which will reinforce the presumption of full classroom inclusion - to the detriment of some autistic children.