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

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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."

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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.

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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.  

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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.

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Rational, Flexible Inclusion: The Fully Inclusive Classroom Is Only One Of The Right Ways To Meet The Best Interests Of The Special Needs Child (Henteleff, 2004)

Attached hereto is a PNG copy as well as a PDF copy link to "The Fully Inclusive Classroom Is Only One Of The Right Ways To Meet The Best Interests Of The Special Needs Child"(2004) by Yude M. Henteleff, C.M. Q.C., L.L.D. (Hon).  Mr. Henteleff outlines succinctly and compellingly the legal basis for a rational, flexible model of inclusive education, one which will permit children with special needs, including severely autistic and developmentally delayed children like my son to participate in a safe, meaningful and rewarding education.  Here in New Brunswick the Porter-Aucoin report is pushing us Back To The Future, back to the simplistic and fundamentally flawed mid 1980's approach of forcing all children, regardless of their needs and challenges, to receive their education in the mainstream classroom.  The CACL and NBACL are now imposing their simplistic "vision" on schools in New Brunswick contrary to the 2009 NB policy defining inclusive education as being evidenced based and based on the best interests of each individual child. 

Dr. Henteleff's 2004 paper represents an articulate, sophisticated analysis by one of Canada's most distinguished lawyers who has represented many disability groups including autism groups and learning disability association groups over a long and distinguished career. Unfortunately, our current NB Premier David Alward and Education Minister Jody Carr are faithful followers of Gordon Porter's   simplistic inclusion "vision".  Hopefully future NB governments will just walk away from that "vision".  The Henteleff critique, first presented to the CACL in 2004 and maintained on their web site until recently provides a rational, flexible alternative for future NB administrations.  Mr. Henteleff also presented a new submission at the Atlantic Human Rights Centre inclusive education conference.  It will be made available to participants after the conference and I will post it on this site.  

Many thanks to Mr. Henteleff.  And thanks to my friend Claire who was kind enough to provide me with access to a copy of the attached paper.

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