Conservatives Will Support Amended Motion for a National Autism Strategy

It appears that I owe the Harper Conservatives an apology; that I might have been overly harsh on them in earlier comments about their rejection of a National Autism Strategy. It now looks like the Conservatives are in agreement with an amended motion for an NAS, one which should pass the vote with all parties except the Bloc supporting the motion as amended.

http://www.canadaeast.com/dg/news/article.php?articleID=72883

Father of autistic child satisfied with plan

By CAMPBELL MORRISON
morrison.campbell@dailygleaner.com
As published on page A4 on November 28, 2006

OTTAWA - Brian Rimpilainen watched from the galleries of the House of Commons on Monday as Parliamentarians found a compromise on a national strategy on autism that the governing Conservatives, Liberals and New Democrats could support.

Rimpilainen, a Fredericton man whose eight-year-old son, Logan, has autism, said he was satisfied with the outcome of the debate even if the compromise motion is less robust than the original one put forward by Fredericton Liberal MP Andy Scott.

"It is good to see it moving forward," he said.

The debate was unusual in that it showed Parliamentarians working together instead of fighting, and that the MPs who addressed it told emotional personal stories. The vote on the motion will be held Dec. 5.

The only party opposing it is the Bloc Quebecois because it treads into provincial jurisdiction.

Speaking at the end of the debate, Scott said he would have preferred his original motion but that in the interests of getting government support it was acceptable to water it down.

"The amendment in fact captures the spirit of the original motion," he said, noting that the four elements are still there: a national strategy based on national standards, funding, surveillance and research.

The amendment stressed that the objectives would be achieved "in cooperation with the provinces," a key caveat that allowed the federal government to support the motion.

"All those elements are there. They are not nearly as prescriptive as they were in the original motion and that was necessary to get the government to do it in a way it sees fit, but all the elements of the original motion are there and we will hold the government's feet to the fire to make sure it is done in the spirit in which it was intended."

Scott said he had support from the New Brunswick Autism Society for the amended motion, and had been working with Leo Hayes high school where the autism motion has been a class project.

During the debate, Alberta Conservative Mike Lake told his story about his 11-year-old son Jaden who has autism.

When Jaden was 21-months-old, they began to suspect he had autism.

"We knew that therapy was going to be expensive. Even then we were looking at between $50,000 and $60,000 a year. At that time, I was making probably between $35,000 and $40,000 so the numbers did not really add up," he said.

Lake added that he was lucky because around that time Alberta decided to fund the expensive, 40-hours-a-week, one-on-one therapy that many consider necessary to break through the isolation that people with autism suffer from.

New Brunswick covers the treatment but only until the age of six, while in Alberta it is until the age of 18.

"The fact remains that where Alberta showed leadership and made autism treatment a priority, other provinces have not. That is why this motion is so important," Lake said.

He credits the treatment for the progress Jaden has shown. He is now in school.

Steven Fletcher, the parliamentary secretary to the minister of health, also spoke to the motion. A quadriplegic due to an automobile accident, Fletcher had worked with Scott to find a compromise.

"It is issues like this which attracted me to politics in the first place. I never planned to be a politician. I wanted to be an engineer like my father, grandfather and great-grandfather, and I actually became one. I worked in the gold mines, but after my accident, a collision with a moose, I realized that my career as an engineer would be impossible. I had to make different choices," Fletcher said.

"It was after my accident that I realized that in our society we have a contradiction."

Canada treats illness but doesn't invest enough in ensuring that disabled people can live "meaningful and dignified" lives, he said.

"Canadians expect that everyone should have the opportunity to live the Canadian dream," Fletcher said, turning his wheelchair to face the Bloc MPs.

"This is the right decision "... I understand there is an objection from one party because of the word 'national' in the motion. The House should always put Canadians first, regardless of the province they may come from."

Outside the Commons, Fletcher said the government began to address autism last week when Health Minister Tony Clement announced some funding for research, and the final public policy will include "innovative funding methods" for families.

Fletcher said the research will answer questions such as why autism is increasing and whether intense therapy is the best treatment, adding that the provinces have to be involved because health care in a provincial jurisdiction.

Also outside the Commons, Scott said the government must come up with a strategy before the next federal election.

Brian Rimpilainen Off to Ottawa to Support National Autism Strategy Motion

Fredericton NB area resident Brian Rimipilainen is off to Ottawa to help support the Andy Scott-Peter Stoffer motion calling on the federal government to develop a national autism strategy.

Dad says feds need to step up to help autistic kids

By CAMPBELL MORRISON

The Daily Gleaner

As published on page A5 on November 27, 2006

The Daily Gleaner/David Smith photo

Brian Rimpilainen, left, with his eight-year-old autistic son Logan share some play time Saturday at Wilmot Park. Rimpilainen is expected to travel to Ottawa today to observe as Parliament debates an autism bill

OTTAWA - A Fredericton father plans to listen carefully from a seat in the gallery at the House of Commons today as MPs debate a motion for a national strategy to help autistic children.


Brian Rimpilainen, who has an autistic son, says the federal government should take a leadership role in establishing national standards and funding a national strategy to help families of autistic children. Therapy for some autistic children can cost as much as $70,000 a year.

Rimpilainen, a 36-year-old communications lineman with the Armed Forces, said his trip to Ottawa is a concrete way to show support for Fredericton Liberal Andy Scott's four-part motion to establish a national strategy for autism spectrum disorder.


Rimpilainen's eight-year-old son Logan has mild autism that required two years of intensive therapy after he was diagnosed at age three. At $15 an hour and 40 hours a week, the cost can be enormous. But Rimpilainen said it was worth it. Logan is now in Grade 3 and doing well at school.


He also has an assigned teacher's assistant for his special needs, although the assistant still lacks the specific training for autistic children, Rimpilainen said. "When my child was diagnosed, it was up to us to find services and information. As for funding, there was no funding at the time. My child actually missed out by two years because they had not decided what to do with the funding," he said.


Currently the federal government is conducting research into autism and providing some tax relief for families of autistic children, but won't entertain a national strategy because health care is a provincial jurisdiction.


As a result, the quality of services varies across Canada. In New Brunswick, families get help until the child turns six, while in Alberta families are helped until the child turns 18.


Rimpilainen has no time for the jurisdiction argument. "There is a role that the government can play to show leadership. Certain things can be done to improve services across Canada," he said. "They can provide the leadership to form a strategy with the guidance of the provincial needs."


As a result, a neurological disorder that affects one in 166 children is subject to a patchwork of programs. "There has not been any real commitment to address the issues of providing services to the children. There has been a little bit of study and information put out, but as to providing therapy to the children and supports to the child and family, not much has been done.


"I would like to see the national strategy come into effect where all provinces would be able to receive some sort of standard toward the delivery and services that are offered across Canada." The positions the political parties took during the first hour of debate Oct. 27 on Scott's motion would see it defeated. The Liberals and the New Democrats supported it, while the Bloc Quebecois and the Conservatives opposed it because it intrudes into provincial jurisdiction.


Still, there have been negotiations between the Liberals and the Conservatives to see if it can be amended on the floor during debate so the governing Conservatives can back it. After the second hour of debate in the House of Commons today, there will be a vote on the motion Tuesday, Dec. 5.

Michelle Dawson v Canada Post Corporation - Autism Not an Occupational Safety Hazard

In Michelle Dawson v Canada Post Corporation, Decision No. Decision No.02-023
October 23, 2002 of the Canada Appeals Office on Occupational Health and Safety the appellant Michelle Dawson refused to work and attend a medical appointment required by Canada Post Corporation following an injury on duty absence. Ms. Dawson is autistic and complained that CPC had not given her sufficient prior notice of the medical appointment in writing to prepare for it. A Health and safety officer investigated the refusal to work and decided that a danger did not exist for Ms. Dawson. Ms. Dawson appealed the decision of no danger to an appeals officer pursuant to section 129(7) of the Canada Labour Code, Part II. Under that section an employee can refuse to perform work if it constitutes a danger to that employee.

The investigator had concluded that the direction to attend a medical appointment did not constitute a danger within the meaning of that section of the Canada Labour Code. Michelle Dawson disagreed and appealled providing information regarding her autism disability, the events that led to her refusal to work and the nature of the danger related to her disability. She disagreed with health and safety officer Tran’s conclusion that the requirement to submit to a medical appointment following a leave of absence does not constitute an activity as set out in the Code and so a danger under the Code did not exist.

The appeal board rejected Michelle Dawson's appeal and concluded that: "Under the Code, Ms. Dawson’s autism and related factors may be considered in respect of a danger connected with the use or operation of a machine or thing, a hazardous condition that exists in a work place or the performance of a work activity. However, where the hazard related to an activity is linked solely to the employee’s own medical condition, as in this case, it is not a danger covered by the Code."

It is not clear from the decision why Ms. Dawson felt that a direction to attend a medical examination posed a danger to her because of her autism. Had Ms. Dawson's argument been accepted though it might have been used by federally regulated employers to deny workplace opportunities to employees with autism.

http://66.221.49.64/autismfacts/MichelleDawsonLC.pdf

Thank You Andy Scott and Peter Stoffer

The following are the opening statements by Fredericton MP Andy Scott and Sackville-Eastern Shore MP Peter Stoffer on M-172 the private members' motion calling for a national autism strategy in Canada. Partisan politics may or may not prevent passage of this historic motion but the autism community in Canada could not have had two more knowledgeable, determined and elequent spokesman to raise autism awareness in the country. Whatever happens I sincerely thank Mr. Scott and Mr. Stoffer for all that they have done. While appellate courts have washed their hands of the autism crisis and politicians generally have tried to turn their backs on vulnerable autistic children Mr. Scott and Mr. Stoffer have been true champions.

Thank you Mr. Scott and Mr. Stoffer.

Autism Spectrum Disorder

Hon. Andy Scott (Fredericton, Lib.)
moved:
[Motion]

That, in the opinion of the House, the government should create a national strategy for autism spectrum disorder that would include: (a) the establishment, in cooperation with provincial governments, of national standards for the treatment of autism spectrum disorder and the delivery of related services; (b) the study, in cooperation with provincial governments, of the funding arrangements for the care of those with autism spectrum disorder, including the possibility of transferring federal funds to assist provincial governments to provide no-cost treatment, education, professional training and other required supports for Canadians with autism spectrum disorder without unreasonable wait times; (c) the creation of a national surveillance program for autism spectrum disorder to be managed by the Public Health Agency of Canada; and (d) the provision of funding for health research into treatments for autism spectrum disorder.

He said: Mr. Speaker, first, let me thank the large number of people who have aided in my understanding of this issue. They are parents, community activists and autism support workers. They are Canadians concerned about something that is unfinished business for Canada.

This is a moment when the national government can step up, accept responsibility within the context of its own authorities in this Confederation, and show leadership on this issue. This is a very rich country and, as such, we can no longer afford to look the other way in terms of this rather outrageous limitation of what is available through the public health insurance program in Canada.

I understand there are jurisdictional limitations to which we have to attend, but within that there is an opportunity to show leadership on this file, to work with provinces, to encourage them and incent them to deal with those areas, such as research and evidence-based public policy and standards.

The motion appeals to the government to show that leadership and to Parliament to ask the Government of Canada to do that. The rationale for this is relatively simple and stunningly inconsistent with my view of my country.

The reality is when parents are told their child, at 18 months old, has been diagnosed with autism spectrum disorder, depending upon how profound that condition might be, the effect on the child for the rest of his or her life could be incredibly limiting. Then they are told that there are treatments, therapies and things that can be done, but they are expensive. They may cost them their house. It means that somebody probably has to stay at home, which may cost a parent a job.

This is unacceptable in a country that prides itself on its public health care system. We have to move on this, and the Government of Canada can show leadership on this issue.

I am former assistant deputy minister of intergovernmental affairs with the province of New Brunswick. I understand the jurisdictional issues, but we cannot let those jurisdictional issues get in the way of doing what we know to be the right thing as a national government for Canadian citizens.

I became most aware of this as the member of Parliament for Fredericton. I have a military base at CFB Gagetown. When members of the forces were transferred to New Brunswick, if they happened to have children who were diagnosed with autism, they would call me to say that they needed to get back to Edmonton or some other place in the country. As a parliamentarian, as somebody who feels an obligation to those military personnel who serve our country, I was concerned. However, I was also concerned as a New Brunswicker. What does that say about everybody else who lives in New Brunswick, who would wish to have those services that are better provided in other places in the country?

The other thing that has been revealed to me is all the treatments and therapies available. It is a spectrum disorder so I do not think we can get caught in a narrow debate about this one or that one. The reality is there are things out there at which we need to look. There are things available today that work and they need to be supported by the government so they can be used by parents and families.

I like to see this as a rights issue, something that we do because it is the right thing to do. However, if I cannot convince everybody to do it for that reason, just think about the long term costs of not doing intervention early and now. Think about what that means in terms of the life of that individual and the role the state will have to play. If it is not enough to simply speak to the rightness of this issue, then we should realize that the state will carry a tremendous cost if we do not do the right thing early.

In putting forward a motion to Parliament to appeal to the government, the process I envision would be the national government would recognize that medicare formularies are the jurisdiction of provincial governments. The national government could work with provincial governments, on behalf of Canadian citizens, to advance this issue, with the ultimate objective being that the treatment and care of Canadians with autism would be covered under medicare.

We cannot do that from here and we accept that. However, we can show leadership, offer incentives, do the research and establish surveillance so we can do good evidence-based public policy. Those are all things that are clearly under the purview of the national government. Until we do those things, we really do not have any right to expect the provinces to do the right thing. When we do those things, then we will have a stronger moral position on the other issues.

Again, I want to ensure that it is understood. I know this will be a difficult issue for the government to deal with because of the jurisdictional issue. That is an understood aspect of this debate. I do not think for a second that should allow the national government not to do the things within its purview. It will make it more difficult for the provinces to say no. More optimistically, it think it will encourage the provinces to do the right thing as well.

I would like to thank a number of people. The seconder for this motion, the member for Sackville—Eastern Shore, has long been a champion on this issue. In fact, when my bill was drawn in the process earlier than his, he offered me the opportunity to put this forward so it would be a votable motion, and I appreciate that.

I appreciate the many meetings I have had with representatives of the government. I believe the government genuinely would like to find a way to get this done. For those who watch this place, sometimes not operating at its finest, maybe we can come to a conclusion that would demonstrate just how well this place can work when something calls out to be fixed.

I was asked to read a letter by a constituent in my riding, who is in the armed forces. His name is Brian Rimpilainen. He is from Fredericton. He and his wife Tracy have two kids, a four year old and an eight year old, who has been diagnosed with autism. This was specifically written by him. He stated:

The birth of a child is both joyous and trying at times, but at the age of 3 yrs came the crushing blow of an autism diagnosis for our oldest boy. Overwhelming and frightening was the situation we were thrust into. With reason comes questions— What to do?—What information can we find to educate?—What treatments?— WHAT HELP?

Well, there is ABA (Applied Behavioural Analysis). At our own expense, we sought the guidance of Dr. Paul McDonnell and a therapist. 40 hrs/ week is the recommended therapy which is not always possible for some families. We learned the basics of ABA—we did the best that we could. Later, some assistance came—but too late for our son—he was already entering kindergarten. Tracy was fortunate to have the opportunity to be certified as an ASW (Autism Support Worker) at the University of New Brunswick's College of Extended Learning.

We know that we were blessed to have been given an autistic child—we celebrate the joys of both our children's successes and embrace the hardships/headaches of autism. But what now?— What more can be done?—What will happen when Tracy and I are gone? Will my son be taken care of in his adult years?

I see the heartache of parents who relocate to find services for their autistic children. Shall we all move to Alberta where services are enviable? As a member of the Canadian Forces I have contemplated the possibility of a posting. What services will be available? How will the move disturb our children's balanced life?

I see that there is research and training that could be done. The school-aged autistics need the help of trained Teacher's Assistants. “Inclusion” is not the answer for all autistics, some require one-on-one instruction, some flourish with the social interaction of peer mentoring. I question why all autistics across Canada can't get the same level of services within reasonable wait times. Stress and hardship in the autistic family leads to a higher than normal divorce rate: the mother becoming the primary caregiver.

With such a high prevalence rate we must act now. Does it not make sense to invest in trying to facilitate the ability of autistics to achieve their potential as productive citizens? The alternative is an immense cost to society in long-term care. AUTISM does not discriminate, it does not wait, it does not stop at age 6. As a father/ parent, all I can hope is the recognition, dignity, and security for our children as citizens of Canada.

For Brian and Tracy, their story tells the story. I do not know how we can turn our backs on the thousands of Canadians who can tell that story.

As a Parliament, we need to recognize our responsibilities. The Government of Canada needs to show leadership in its dealings with the provinces. It should be respectful. It should not pretend or grandstand. I am not grandstanding. This is something that needs to happen. In this place we have the opportunity to do that. We have the opportunity to show the leadership, to do the research, to make money available, to do the surveillance and to do good evidence-based public policy to ensure that parents know what treatments are working, where they are, who does them and so on. That is critically important.

Also, I thank a Grade 12 political science classroom in Fredericton. Last year the classroom, which graduated in June, took on the project. The class this year has picked it up. The students are writing to members of Parliament. I am sure all members have received letters. These kids have brought in parents and professionals. They had somebody in who drafts legislation for the Province of New Brunswick. They have committed themselves to this. Their teacher is an amazing teacher, by my thinking, and these kids are absolutely committed to this. In fact, I suspect right now there is a full class taking a look at this.

It really speaks to making this place work for Canadians. They are watching. They would like to see this happen. They have put a lot of time in it. They understand the science. They understand the implications for parents and their families.

At the end of the day, I do not think there is anything else to say. In a country with this kind of wealth, and Canada is a wealthy country, and in a country that takes such pride in our public health insurance program, as Canadians, regardless of jurisdiction, we need to step up and say this is wrong and it needs to end. People who need this service have a right to expect their government to pay for it.

Mr. Peter Stoffer (Sackville—Eastern Shore, NDP):

Mr. Speaker, I cannot thank the hon. member for Fredericton enough for his dedication and work for those thousands of families with children who have autism.

Some people would be concerned about the fiscal costs of this initial treatment and everything else. However, research has shown that, in the long run, federal, provincial and territorial governments would save money. Instead of being expenditures, these are investments in our children.

I know every one of us in our ridings have families with children with autism. This is something that transcends all of us across the country. The member knows that in one out of every 166 births in our country a child is diagnosed with some form of autism, and it is increasing. We need to find out what causes autism, what we can do to prevent it from happening, if that is possible. We especially need to provide the care and the treatment they require.

On the fiscal argument, I would like the member to have a couple of more moments to indicate that this is really not an expenditure of dollars. It is an investment in some of the most beautiful children in the world.

Hon. Andy Scott:

Mr. Speaker, I understand that when we ask a question, we are generally supposed to know what the answer is so we are not surprised, but it is not necessarily the case that when we ask the question, we have to give the answer as well. However, I take the member's point.

I frankly prefer to feel that as a nation we would do the right thing because it is the right thing to do, but if that is not enough, the reality is that this will save the provinces that are engaged in it and the nation enormous amounts of money. The upfront costs associated with intervention are so much less than the lifetime costs of not intervening. It is not really even arguable. To answer the question specifically, that would be the answer.

One of the things we really do have to recognize is that the federal government must be compelled to show leadership on this to pull all the provinces together. In the Maritimes, if New Brunswick stepped up and really did this better than everybody by a long shot, which it should and I wish it would, but if it did, there would be people who would relocate to my province specifically to have access to this service.

That is one of the reasons I am fearful that provinces would be a little reluctant to step up and do the right thing. That is why it is important for the national government to bring all the provinces together, so that all of the provinces can work together and move together to remedy this outstanding grievance.
[Translation]

Mrs. Claude DeBellefeuille (Beauharnois—Salaberry, BQ):

Mr. Speaker, I very much appreciated my hon. colleague's speech. I know children who have autism and I know how hard it can be for their parents.
My question for the member is this: does he have any support for his motion? Can he tell us if the Autism Society Canada, for instance, has written to him to indicate its support for the motion?
[English]

Hon. Andy Scott:

Mr. Speaker, as a matter of fact, I have had these discussions with people from a variety of organizations and have a great deal of support. It is not unanimous and it is important that we recognize that because I do not think we can allow ourselves to fall into the trap, to wait for everybody to agree on everything before we do anything. We cannot. There are too many people.

It has to happen right now and we will deal with those issues that are out there, and there are because I am getting calls from people who are questioning elements of this as well, and that happens. However, the feedback is overwhelming, particularly from parents, people who are affected and who know that time is running out soon.

We are talking about somebody who had a child nine months ago. We cannot imagine the feeling if we knew that there was something available, we knew it would give our child a better life, and we could not afford it. It just does not seem Canadian to me.

Mr. Paul Dewar (Ottawa Centre, NDP):

Mr. Speaker, I want to applaud the member for bringing this forward. My wife is a teacher. She actually teaches junior kindergarten. She has seen the explosion of autism in the school at which she teaches. Identifying children early seems to be cutting edge, but we need more support. Will the hon. member comment on that, the funding for it and where it would come from?

Hon. Andy Scott:

Mr. Speaker, obviously, the earlier this intervention can take place, the better the outcomes and the better the likelihood of those outcomes. In some provinces, there is funding for that. It is a mishmash across the country. Credit goes to those who do it. I think we need to do more in many jurisdictions.

That is why it is appropriate for the national government to be engaged in this. It can help. I do not mean help in a negative sort of way, but just in a leadership way to help bring all the provinces together, to ensure that next time the ministers of health in Canada meet together, that this is on the agenda.

Harper Conservatives' National Health Care Double Standards

The Harper Conservatives have announced a National Cancer Strategy which would see the development of a national health care strategy for cancer. The plan would have three aims " preventing cancer, finding new treatments and improving care for patients regardless of where they live in Canada." The Harper Conservatives deserve a healthy round of applause for its commitment to a national strategy to fight cancer. They also deserve a hearty round of criticism for their double standard in denying the autism community a long sought national autism strategy.

With the Andy Scott-Peter Stoffer motion for a national autism strategy still making its way through the House of Commons the Conservative Health Minister Tony Clement called for a research center and a ... national web site (big deal). In indicating his government's opposition to a national autism strategy the Health Minister indicated that his government would not intrude on provincial jurisdiction over health care yet endorses a similar national health strategy for fighting cancer.

This is clearly a double standard. The same arguments over constitutional jurisdiction over health care apply to cancer as apply to autism. Yet the Harper crowd uses those arguments in one case (autism) and not in another (cancer).

Thank you to the Conservatives for the national cancer strategy. Boo and hiss to them for rejecting a national autism strategy.

Harper Conservatives Reject National Autism Strategy

The Harper government has indicated that it will fund a research chair in autism which, in itself, is a good thing. Unfortunately it is being done to placate the autism community and maintain its public relations image as it rejects a Private Members motion by Liberal Andy Scott and NDP Peter Stoffer which calls for a more comprehensive and serious national autism strategy. If the Harper conservatives reject this motion families and friends of autistic children and adults should prepare to organize and vote against Harper Conservatives in the next federal election. Approximately 1 in 166 Canadians have an autism spectrum disorder. If we organize effectively we should be able to have some impact; especially if the vote is close in specific ridings.

School District's Duty to Consult - Hewko v BC

In a decision with implications for schools in New Brunswick and other provinces a British Columbia court has ruled that a school district failed to discharge it's statutory duty to consult parents of an autistic student by failing to meaningfully consult with the child's parents. The court found that the statutory duty to consult with the parents required that consultation be meaningful and that, on the facts before the court, reasonable accommodations for the autistic child's ABA based learning method were required.

The child had been receiving ABA therapy at home prior to entering the school system and had thereby learned a variety of practical and academic skills and had acquired a means of communicating. The court rejected arguments from the school board and province that the parents demands for continued ABA instruction in the school by properly trained ABA workers were unreasonable and unrealistic and that the parents were attempting to impose their personal choices on the school.

The well documented record of ABA in educating autistic children was noted. The Court found that: "... the school board failed to discharge its consultation obligation by failing “…to ensure that [the plaintiffs’] representations were seriously considered and, wherever reasonably possible, demonstrably integrated into the proposed plan of action…”. Most importantly, the District through its proposals and by failing to seriously accommodate the Hewkos home-based program, failed to demonstrate it could produce instructional control of Darren." The Court's decision in Hewko v B.C. 2006 BCSC 1638 (CanLII) can be found on line at:

http://www.canlii.org/bc/cas/bcsc/2006/2006bcsc1638.html

The school board's duty to consult in Hewko was found in sections of the British Columbia School Act. A statutory duty to consult is also found in sections 12 and 13 of the New Brunswick Education Act:

12(1) Where the superintendent concerned, after consulting with qualified persons, determines that the behavioural, communicational, intellectual, physical, perceptual or multiple exceptionalities of a person are contributing to delayed educational development such that a special education program is considered by the superintendent to be necessary for the person, that person shall be an exceptional pupil for the purposes of this Act.

12(2) The superintendent concerned shall ensure that the parent of a pupil is consulted during the process of the determination referred to in subsection (1), and in the process of developing special education programs and services for the pupil.

13(2) The parent of a pupil has a right to reasonable consultation with the pupil's teacher or the principal of the school the pupil attends with respect to the education of the pupil.

The Hewko decision has clear implications for the education of autistic children in the New Brunswick school system. In some schools and districts parents are essentially presented, without their involvement, with a fully developed SEP (Special Education Plan) for the education of their autistic child. SEP's developed without meaningful consultation with the parents may not stand up on appeal under the Education Act, on application to the Ombudsman, or on judicial review to a court. Similarly, depending on the facts of a given case, a failure to provide autism trained Teacher Assistant to implement an autistic student's ABA based learning plan may be found to constitute a failure of the district's duty to accommodate that child's disability.

Mother of autistic child reacts to news of expelled, handcuffed student with Aspergers.

Mother of autistic child reacts to news of expelled, handcuffed student with Aspergers. From the Daily Gleaner, Fredericton New Brunswick, November 16, 2006.


Letters | Reader objects to actions taken by high school

As published on page B7 on November 16, 2006

On Oct. 27, 2006, I sat nervously watching Andy Scott speak on behalf of the thousands of autistic children across Canada fighting for their rights as Canadian citizens.

As a mother of a young autistic child, it brought tears to my eyes, and filled me with hope, and joy, that maybe, someday every province will help autistic children to the fullest of their ability.

I was so very amazed at the fact that a Grade 12 class from Leo Hayes High school, taught by a Mr. Greg Peters, took on this project, and fought so hard for this issue to be brought to the House's attention (kudos to you!).

However, the same school that prides itself in this accomplishment had a young boy handcuffed, and kicked out, a student who suffers from Asperger's Syndrome (which is a type of Autism).

Whether or not this young boy can become aggressive is not the issue. The issue at hand is that this boy is not getting the necessary help and support that he needs to live a productive life.

The principal of Leo Hayes High School should be ashamed as this is unfair and improper treatment. You can easily discourage a child with Autism, and I am sure that this young boy has not had an easy life, yet you kick him out of school? Handcuff him?

The school that has students who are trying to help these children? What type of an example are you setting for this Grade 12 class that worked so hard on their project, fought so hard to have everyone's voices heard?

Treatment like this is why it scares my husband and me every day to let our son enter the school system. We fear that ignorance like this will challenge his life even more.

Lisa Marie Hay

Nashwaak Village, N.B.

'It really helps to have a teacher who knows about children with autism and how we learn.'

Autism advocates in New Brunswick have lobbied for years for autism trained Teacher Assistants and Resource Teachers to work with autistic children to allow them to participate meaningfully in the Quality Learning Agenda. Studies and arguments have been presented to politicians and civil servants to help them understand the need for autism trained personnel in the New Brunswick schools. We may be on the verge of receiving such help as recent posts have discussed. One of the most eloquent statements of the need for autism trained educational assistants that I have seen was made by a student with autism in Wales in the UK: 'It really helps to have a teacher who knows about children with autism and how we learn.'

http://tinyurl.com/yhujs9

Autism pupils' plea to education minister

Nov 15 2006

Katie Bodinger, South Wales Echo

Autistic children met Assembly Minister for Education Jane Davidson to explain what support they needed in the classroom.

The children, from Headlands School, in Penarth, spoke to AMs at the Senedd last night about what they needed for a happy learning environment, as part of the National Autistic Society's campaign to make school make sense.

Robert, one of the children speaking at the event, said: 'It really helps to have a teacher who knows about children with autism and how we learn.'

Autistic children would benefit from having specially trained teacher assistants

The Daily Gleaner has called for the New Brunswick government to provide autism specific training for Teacher Assistants and Resource Teachers.


In our view: Autistic children would benefit from having specially trained teacher assistants

N.B. school system needs extra resources

As published on page C7 on November 15, 2006

Students with Autism deserve to have the same opportunities other students are afforded in New Brunswick's school system.

But before that can happen they need a support system in place to help them get through difficult periods in their education process.

During the election campaign, Shawn Graham made a pledge to provide training to 100 additional teacher assistants and methods and resource teachers a year for four years to make school easier for the province's estimated 1,000 autistic students.

The Autism Intervention Training Program is offered through UNB's College of Extended Learning.

When it comes to fulfilling this particular pre-election promise, there is no time to waste.

Tanya Michaud's son, Skyler, 14, has a type of Autism known as Asperger's syndrome. He shows signs of aggression when his daily routine is interrupted.

Michaud says the school system doesn't want to deal with his son's aggression and he subsequently has been moved from school to school.

"He does fine in class as long as he is given time to settle into a routine," Michaud said. "I don't understand why he's being shuffled around."

Skyler's mother had to push hard to get Skyler a teacher's assistant when he was at Nashwaaksis Middle School, she said, and as soon as he got one he was fine.

Since he moved to Leo Hayes High School, the aggression presented itself again and Skyler was sent home in handcuffs with a police escort.

The education system doesn't appear to be working as it should for autistic students like Skyler.

But autistic students do well with the one-on-one support from a teacher's assistant.

As more of them receive the specific training needed to work with autistic children, the more immediate impact and benefit there will be for autistic students and for non-autistic students in the same classroom.

The kidshealth.org website says as many as one in 500 people has autism and it is four times more common in males than females. Not everyone with autism has the same symptoms.

It is vital for parents to feel they have the support of school teachers and administrators when their child's needs are not being met. It is also crucial that teachers, trained to work with autistic children or not, learn to recognize symptoms of the disorder and know how to manage situations that arise in the classroom.

In the meantime we sympathize with the Michaud family and hope Skyler eventually is able to return to school to finish his education.

We would also ask the government to outline as soon as possible its plan to fund this special training for teacher assistants and resource and methods teachers.

New Brunswick Schools Punish Autistic Children for Being Autistic (2)

In an earlier post I commented on schools in the UK and New Brunswick punishing autistic children for autistic behavior. The attached article from the Daily Gleaner tells the story of two such children, one in Fredericton, and one in Campbellton. We need Teacher Assistants and Resource Teachers with autism specific training to work with autistic children. Some are in fact being trained at this time at the UNB-CEL Autism Intervention Training program but more are needed.

It is time that schools and educators in New Brunswick recognized that autism is not just a different personality type; it is a serious neurological condition that requires specialized learning techniques in order for autistic children to learn and function. Failure to provide the autism trained personnel results in failure for autistic children. Such failure has been described by a UK professor who recently completed a study of inclusion in UK schools as being tantamount to abuse. Blaming the children themselves for that failure adds weight to the professor's abuse allegation.

Mom: System fails autistic children

By JENNIFER DUNVILLE

dunville.jennifer@dailygleaner.com

As published on page A1 on November 13, 2006

The Daily Gleaner/David Smith photo

Tanya Michaud and her 14-year-old autistic son, Skyler Michaud, look through some school books at their Durham Bridge home recently

Tanya Michaud is struggling to keep her son in school for the second year in a row, but it's not because he doesn't want to go.

"Skyler loves school, but right now he's at home doing nothing," Michaud said. "He's been taken out of yet another one."

Skyler Michaud, 14, has Asperger's syndrome, an autism spectrum disorder.

He's intelligent and high-functioning, Michaud said, but he likes structure and consistency. He can become aggressive if his daily schedule is changed.

Because of this aggression, Michaud said, the school system doesn't want to deal with her son.

"He does fine in class as long as he's given time to settle into a routine," she said.

"I don't understand why he's being shuffled around. The constant changes are very hard on him."

Elementary wasn't a good experience for Skyler and neither was his first exposure to middle school, Michaud said.

He was taken out of Devon Middle School and moved into Nashwaaksis Middle because he was lashing out at others, said his mother.

Nashwaaksis officials refused to comment about their experience with Skyler stating they are unable to discuss individual students, even with the parent's permission.

"I had to fight to get Skyler a teacher's assistant," Michaud said. "But as soon as he got one, he was fine."

Skyler has since moved on to Leo Hayes High School, but he is encountering the same problems he faced in middle school.

"Even though I sent them a doctor's note telling them what to expect, they still weren't prepared. At first, there was no (teacher's assistant), and it's been nothing but environment changes and shuffling around since.

"So he's been very easily agitated lately."

Recently, Michaud received a call from the school because Skyler was upset and needed to go home, but she couldn't leave work to pick him up.

Michaud said Skyler was handcuffed and escorted home by the school's police officer and informed he would not be allowed to return to Leo Hayes.

"I cannot comment on one specific individual, but I can say that every attempt is made to provide for every student in their local school," said Kevin Pottle, principal of Leo Hayes High School.

"Any situation where we deviate from that, it's not done lightly and it's certainly done because we feel it will better serve a student."

Pottle said moving a student out of a school is a last resort. He said they don't move students without a good reason.

"Sometimes the school environment doesn't work well for a child," Pottle said.

"There's an energy when you walk into our school, and for most it's great, but for those with challenges, in particular autism spectrum disorders, that energy might not be a positive one."

Colleen Irvine and her daughter Morgan, 9, are having the same problems in Campbellton.

Her daughter has Asperger's and has not been in school since the middle of October.

"Her school is saying they can't control her behaviour and have exhausted their resources," Irvine said. "You're not supposed to try to control the behaviour, but look at what's causing the outburst to begin with."

Irvine said the school has told her Morgan is "assigned to home," but still hasn't had time to settle into a routine.

"She was given a supply teacher who had no teaching degree or training in autism," Irvine said.

Michaud said her son is now supposed to attend a tutor-assistance program at Fredericton High School.

The program is meant to provide a way for him to catch up while working his way back into a school environment.

"He's supposed to go to FHS after that, but I live clear out in Durham Bridge and we have no way of getting him there," Michaud said.

"I've been told they have no intention of returning him to Leo Hayes or finding transportation for him to get there."

The worried mother said she feels the responsibility of her child's education is being shrugged off because he is more of a challenge than other students.

Harold Doherty, Michaud's lawyer and the former president of the Autism Society of New Brunswick, said he's hearing this same complaint from parents throughout the province.

"Generally, the needs of autistic children are not being met," Doherty said. "There's almost 1,000 autistic kids in our schools and we might have 15-20 people trained to work with them."

Doherty said if a school is prepared, it's possible for children with autism spectrum disorders to attend without major problems.

He said the government promised to train more people to deal with these children. If the promise is kept, he said, there is hope for families such as the Michauds and the Irvines.

ASNB Agendas November 2002 and 2006

If you think it is easy to get changes made in public policy, that it is easy to get government to move and do something for the benefit of children, for vulnerable disadvantaged children, take a look at this excerpt from a letter I posted to the ASNB newsgroup on November 5 2002 while serving as ASNB president:

Greetings to all Members of the Autism Community in NB:

At the ASNB AGM Saturday I was honoured by my fellow members of the ASNB by
being elected as your new President for the next 2 years. I set out, in my
acceptance speech, some goals that I would like to see us achieve during
this period. The first item on the list was to send a letter to our Premier
introducing myself as the new ASNB president and requesting a meeting with
him. That letter was hand delivered yesterday morning to the Premier's
Office. I do not know if a meeting will be granted. However, the letter
itself also sets out an agenda for discussion, hopefully face to face, but
if not then through the media and public demonstration.

The letter drew the Premier's attention to the need for proper ABA based
intensive early intervention for autistic children in New Brunswick, proper
training for teachers and aides and the need for appropriate community
settings, with trained personnel, in which autistic adults can live and
receive proper care and attention.

Most of that agenda was initially met with resistance from the Departments of Education, Family Services and Health. At the time of that post there was no publicly funded ABA treatment for autistic children in New Brunswick. And there were few properly trained personnel to provide the therapy. A course had to be established at UNB-CEL to get people trained properly to provide pre-school treatment. Pressure had to be exerted before some system of accountability - using an agency model - was introduced to ensure proper treatment is actually provided to autistic children. The fight to have autistic children educated by autism trained Teacher Assistants acting under the guidance of autism trained Resource Mentors (Resource Teachers) continues. While we are optimistic that training of TA's and Resource teachers will take place we have also learned to be vigilant and to stay on top of those in public office who promise change. The issue of youth and adult residential care is also on the agenda and a presentation will soon be made to Family and Community Services.

Things could be better in New Brunswick for autistic children and adults but they are much better then they once were. A lot of people have made great sacrifices to achieve some progress and it is difficult to continue in such efforts. But there is a real reward, and it is huge, in knowing that you have contributed to the treatment, education and care of autistic persons. If you feel that you are ready to get into the fight, and while at times it is a dialogue most of the time it is a fight, to obtain decent treatment, education and residential care for autistic children, youths and adults contact the Autism Society New Brunswick. It is the open, democratic and independent provincial voice of the autism community in New Brunswick

FAMILIES TO TAKE AUTISM CASE TO SUPREME COURT OF CANADA

YAHOOOOOOOOOOOOOOOOOOOOOOOOO!!! The families in the Deskin Wynberg case will seek leave to appeal to the Supreme Court of Canada.

MEDIA RELEASE

FAMILIES TO TAKE AUTISM CASE TO SUPREME COURT OF CANADA

Thirty five Ontario children affected by a Court of Appeal decision are taking their case to the Supreme Court of Canada. The families, who had won their case at trial, say that the Ontario Court of Appeal made several errors in its judgment this summer.

In papers filed with the Supreme Court of Canada, the families say the Court of Appeal was wrong to reject their claim that Ontario discriminated against their children on the basis of age and disability. The families say that the Court of Appeal was wrong to overrule the factual findings of the trial judge and that the Court of Appeal was wrong to find that the government’s discrimination was justified by budgetary concerns.

In their written application to the Supreme Court of Canada, the families set out the following specific grounds:

(1) Did the province’s failure to provide intensive behavioural intervention to school-aged children—where it has decided to provide such intervention for pre-school aged children—violate the equality rights of the infant claimants on the basis of age or disability?

(2) Can a province use age as a marker to determine the end of eligibility for a service when scientific evidence emphasizes the need for individual clinical determinations of when to cease provision of the service?

(3) Must a claimant prove the existence of a separate stereotype pertaining to his or her age group when that group is shown to suffer from continuing application of a stereotype about a broader group, which is no longer applied to a small age-identified segment of the broader group which does not include the claimant?

(4) What factors will take a putative targeted ameliorative program out of the protection of Lovelace?

(5) Should a claimant be granted leave to adduce new evidence on the comparator group when the Court decides to use a different comparator from that advanced by the claimant?

(6) Are the liberty and security of the person of the claimants under section 7 engaged where the state intervenes to provide a service, which impacts on the dignity, autonomy, and ability of an individual to participate in society, and then withdraws that service in a way harmful to the claimants?

(7) Do the tests set out in Housen and H.L. apply to the appellate review of a trial judge’s factual findings in Charter claims, and do the reasons of the plurality of this Court in Chaoulli v. Quebec (Attorney General) leave open the question whether a different standard applies in the Charter context for appellate review of finding of fact?

(8) Do claimants alleging adverse effects discrimination need to present systemic data and statistics or is it sufficient to ground their claim in evidence of how legislation or government action affects them through their own viva voce testimony and through the evidence of expert witnesses?

(9) Under what circumstances can the government rely on the allocation of scarce resources as a justification for a Charter infringement arising from the exclusion of a disadvantaged group from an ameliorative program?

(10) Can the executive rely on its own structural barriers in order to defend against a constitutionally mandated duty?

(11) Should section 1 be available as a matter of course to justify a breach of the Charter arising from government action under a statute conferring discretion, even where the executive has not complied with the guiding principles of the statute?

(12) Is it appropriate to combine declaratory relief and an award of discrete special damages for unconstitutional governmental action (as distinct from legislation) under section 24(1) of the Charter?

Background

These cases were tried before Justice Kitely at the Ontario Superior Court of Justice between April, 2003 and March, 2005. On March 30, 2005, the trial judge issued a 200-page judgment finding that Ontario had discriminated against these autistic children. The government challenged the decision in the Court of Appeal. The appeal was argued in the Court of Appeal for a week in December, 2005. The Court of Appeal released its reasons on July 7, 2006 agreeing with the government and overturning the trial judge’s decision.

On November 8, 2006, the families filed their application for leave to appeal to the Supreme Court of Canada. In the normal course, the Government of Ontario will have 30 days to file its written response.

The Supreme Court of Canada will consider whether to hear the case based on the written materials. There is no timetable for the release of the Supreme Court of Canada’s decision on the leave request, but typically such applications are dealt with within 3 to 6 months of their submission to the Court.

The families are represented by:

Stockwoods LLP Barristers The Sun Life Tower 150 King Street West, Suite 2512 Toronto, ON M5H 1J9 Scott C. Hutchison Owen M. Rees Tel: 416-593-7200 Fax: 416-593-9345 ScottH@stockwoods.ca OwenR@Stockwoods.ca Counsel for the Deskin Family

Law Office of Mary Eberts P.O. Box 19047 Station Walmer Toronto, ON M5S 1X1 Mary Eberts Kasari Govender Tel: 416-966-0404 Fax: 416-966-2999 Eberts@ebertslaw.ca Govender@ebertslaw.ca Counsel for the Wynberg Families

For further information, contact:

Brenda Deskin brenda@deskin.ca Tel: (289) 439-6003 For the Deskin Family

Tammy Starr tamstarr@rogers.com Tel : (416) 488-1764 Cell: (416) 407-7819 For the Wynberg Families

Will Premier Graham Give Autistic Children the McGuinty Treatment?

In a comment this morning I reported on the pressure being exerted by bureaucrats on Education Minister Lamrock to break the pledge made by then opposition leader Shawn Graham during the election campaign - to provide autism specific training at UNB-CEL to 100 Teacher Assistants and Resource teachers a year for the next four years. If Premier Graham and Minister Lamrock cave in to the bureaucrats they will be going along with the same department which has resisted all attempts to include autistic children in a real learning experience during the past seven years. They will also be replicating the actions of Ontario Liberal Premier Dalton McGuinty.

Seeking election as Premier Mr. McGuinty promised Ontario parents in writing that he would, if elected, lift the 6 year age cap on funded autism treatment. Once elected the good Premier reversed himself and even fought parents in court to who were arguing to have the cap lifted on the grounds of age and disability discrimination. Eventually the cap was lifted somewhat but the ABA therapists necessary to implement the ABA therapy which is crucial for so many autistic children to learn were not permitted to enter the school system for that purpose.

It is not clear yet whether the Shawn Graham Liberal government will capitulate to the bureaucrats and break the Premier's pledge to the Autism Society and to Autistic children but the Liberals are clearly wavering. It seems that when it comes to breaking campaign pledges autistic children are seen as easy pickings for bureaucrats at least. Hopefully Premier Graham and Minister Lamrock do not give autistic children in New Brunswick the McGuinty Treatment.

Will Bureaucrats Convince Liberals to Break Autism Pledge?

The Liberal party pledged during the recent election to provide UNB-CEL Autism Intervention Training to 100 Teacher Assistants and Resource teachers a year for the next 4 years. Now though it appears that Department of Education bureaucrats are trying to push the Minister of Education to break that very specific pledge by promoting a variety of alternatives to the Minister. These alternatives essentially include options such as requiring persons applying to work as TA's with autistic children to have obtained the training on their own or having the training provided by the Department itself even though the Department lacks the expertise to provide proper training. This is the same department which has resisted for several years efforts by the ASNB to have the Department provide effective education interventions for autistic children by trained personnel for several years. The bureaucrats' strategy also includes by passing the provincial Autism Society New Brunswick in setting up education workshops for autistic children even though the Department regularly consults disability organizations when those organizations are in agreement with the Department. If past experience is a guide the Department will also adopt a divide and conquer strategy and try to sow dissension within the autism community. Their strategy is already under way. In a meeting this week with ASNB representatives Minister Lamrock preferred to characterize the Liberal pledge as a "raising of expectations in the autism community" as opposed to having made a commitment.

The express pledge made by then Opposition Leader Shawn Graham during the election campaign was set out in an email to Autism Society New Brunswick President Lila Barry:

From: Graham, Shawn (LEG)
Sent: Wednesday, September 06, 2006 2:37 PM
To: lila barry
Subject: Liberal Platform

Dear Ms. Barry:

Thank you for your letter and for sharing your concerns with me. In our Liberal election platform that will be released this week, we are committing to the implementation of the recommendations of the Interdepartmental Committee on Autism released in November 2001. Although we realize this document is now nearly five years old, it does provide a basis on which to develop, in partnership with the stakeholders, a strategy that will assist children with autism from early childhood and into adulthood.

As well, we will take two concrete steps to address the immediate needs of children with autism in two areas: a case management process and UNB-CEL autism training.

A new Liberal government will:

1. Integrate services for young children and their families by enhancing and expanding the Early Childhood Initiatives Program to ensure a smooth transition into public school for children identified as at risk or those with special needs, such as autism.

2. Provide UNB-CEL autism training for 100 additional teaching assistants and Methods and Resource teachers each year for four years.

I commend you and the members of the Autism Society of New Brunswick on your tireless advocacy on behalf of children with autism. You are truly making a difference in many lives. Please feel free to contact me at any time.

Yours truly,

Shawn Graham

Leader of the Official Opposition

The Autism Society New Brunswick recommended that its members, friends and family members of autistic persons vote Liberal during the recent very close election. It did so because of this very specific commitment from then Opposition Leader Shawn Graham. Now that Mr. Graham is Premier it is expected that he will keep his word and honour the pledge that he made to the ASNB and to autistic children. Education Minister Lamrock is under intense pressure by department bureaucrats to dishonour that commitment.

We shall see what happens.

Researchers Link Industrial Chemicals with Autism, ADHD

A study by two researchers published in the British medical journal, the Lancet, argues that industrial chemicals may be causing a worldwide pandemic of brain disorders including autism.

http://www.cbsnews.com/stories/2006/11/07/health/webmd/main2161153.shtml

(WebMD) Exposure to industrial chemicals may be responsible for a "silent pandemic" of brain development disorders affecting millions of children worldwide, and not enough is being done to identify the risks.

That is the contention of two researchers who have studied the effects of chemical exposures on brain development for many decades.

In an essay published online in the journal The Lancet, the researchers identified 202 potentially harmful industrial chemicals that may be contributing to dramatic increases in autism, attention deficit hyperactivity disorder (ADHD), and other brain disorders among children.

Roughly half of the chemicals are in common use, but very few have been tested to determine their impact on brain development.

"The bottom line is you only get one chance to develop a brain," Philippe Grandjean, M.D., of the Harvard School of Public Health, tells WebMD. "We have to protect children against chemical pollution because damage to a developing brain is irreversible."

Tip of the Iceberg

Grandjean and co-author Philip Landrigan, M.D., of New York's Mount Sinai School of Medicine, noted that of the industrial chemicals known to be toxic to the human brain, only five — lead, mercury, arsenic, PCBs, and toluene — have been proven to cause damage to the developing brain.

These chemicals have been identified not because they are necessarily more dangerous than the others, but because they have been studied the most, Grandjean and Landrigan contend.

"The few substances proven to be toxic to human neurodevelopment should be viewed as the tip of a very large iceberg," they wrote.

Grandjean spent decades documenting the toxic effects of mercury exposure on the developing brain, and Landrigan spent decades studying the effects of lead exposure in children.

Lead and mercury are among the few chemicals that are now strictly regulated to protect children. But regulation came long after the dangers were first recognized.

Lead-based paint was first linked to sickness in children more than a century ago, but lead was not removed from paint and gasoline in the U.S. until the late 1970s and early 1980s.

"Despite those early pediatric warnings, the largely unchecked use of lead in petrol, paints, ceramic glazes, and many other products through much of the twentieth century caused continued risk of lead poisoning," the researchers write.

A Generation Exposed

Almost all children born in industrialized countries between 1960 and 1980 were exposed to substantial amounts of lead from gasoline. The researchers write that lead exposure in this population could be responsible for a substantial reduction in average IQ scores.

"A generation of American children was exposed to this very dangerous neurotoxin while we were doing traditional risk assessment," Grandjean tells WebMD. "We can't afford to make the same mistake again."

Annette Kirshner, Ph.D., of the National Institute of Environmental Health Sciences (NIEHS) agrees that more expeditious ways of identifying chemical exposures that put children at risk are needed.

The prevailing thinking among researchers studying autism and ADHD is that both genetic and environmental factors play a role in the childhood brain disorders.

"There is still no good evidence linking any single environmental exposure to autism and ADHD," Kirshner tells WebMD. "It will probably require a global effort to understand the combination of factors that lead to these disorders."

But Grandjean and Landrigan argue that exposure to industrial chemicals appear to have created a "silent pandemic in modern society."

"Although these chemicals might have caused impaired brain development in millions of children worldwide, the profound effects of such a pandemic are not apparent from available health statistics," they wrote.

SOURCES: Grandjean, P. and Landrigan, P.J. The Lancet, Nov. 8, 2006; Vol. 368: online edition. Philippe Grandjean, M.D., department of environmental health, Harvard School of Public Health, Boston; Annette Kirshner, Ph.D., health science administrator, National Institute of Environmental Health Sciences.

By Salynn Boyles
Reviewed by Louise Chang
Copyright 2006, WebMD Inc. All rights reserved.

Blaming Autistic Children & Sending Them Home

On Sunday I commented on the tendency of schools in the UK and in NB to blame autistic school children for being autistic; for characterizing their autistic behavior as disciplinary issues when in fact it can be behavior resulting from ultra sensitivity to environmental stimuli such as noisy busy classes. Autistic students including higher functioning students diagnosed with Asperger's are often dumped in the classroom with educators who do not understand autism or autistic behavior. These otherwise well intentioned educators often do not understand what can cause problems for students with autism or Aspergers. They blame the student when problems occur and reoccur. They seldom look for flexible placements, combinations of time in and out of the mainstream classroom for example, and instead insist that it is either the classroom or home schooling. They also provide tutors at home who do not have autism specific training as to either interventions appropriate for educating autistic persons or an understanding of autism itself to assist in preventing problems from arising. The result? In the last 36 hours I have received 2 phone calls from different areas of NB from parents whose children with Aspergers have been sent home by local schools and districts. Sometimes it seems as though we simply can not make any headway. We have to keep trying though, keep hoping that good will exists and that persistence in educating the educators will help them understand our children.

Stop Blaming Autistic Children for Being Autistic

A recent report in the UK points out that children with autism in Scottish schools are still thought of as having discipline problems rather than a neurological disorder with communication, emotional and sometimes intellectual deficits that result in behavioral problems.

"Teachers in mainstream schools in Scotland are still identifying some children with autism as being indisciplined rather than having a communication disorder according to a report. School inspectors said a minority of staff demonstrated "a lack of understanding" of the condition by seeing pupils' difficulties as "bad behaviour".

The report also goes on to state that "too often, children and young people with autism are placed in inappropriate schools, with teaching staff who don't have relevant training in the disability and in an environment that doesn't meet their needs".

http://www.theherald.co.uk/news/73354.html

The same problem occurs in New Brunswick schools although we are unlikely to get a report to that effect; at least not from our Department of Education which is proud of its policy of mainstream classroom inclusion for all students regardless of whether the classroom environment suits all children. Some autistic children benefit from a classroom education but some do not. When those who are easily overwhelmed by too much environmental stimulation such as sounds, movements etc, have a meltdown and engage in self aggression or loud disruptive behaviour the children themselves are blamed. They are sent on time outs. The teachers involved often do not know that for some autistic children, frustrated in the classroom, a time out may be what they are seeking - on a full time basis.

It is time that the New Brunswick Department of Education stop promoting mainstream classroom inclusion as a benefit for all students. For some autistic students it is not. They are overwhelmed and the classroom results in negative behaviour including serious self injury. It is time to stop blaming them for being autistic and start admitting that the mainstream classroom can actually be a harmful environment for some autistic children.