________________________________________________________________
Friday
February 19,
2010
Vol. 14 No. 18
Council, which regulates doctors in the U.K., found that
Wakefield was dishonest and irresponsible in conducting research on
children in England a dozen years ago. The panel also said Wakefield
showed a "callous disregard" for children at his child's birthday party
in 1999 when he had blood taken from them and paid them about $10 each.
He later joked at a conference about the children being "paid for their
discomfort."
Facing the possible
loss of his medical license in England, Dr. Andrew Wakefield has
stepped down as executive director of the Thoughtful House Center for
Children, an autism education and treatment center for children that he
helped found in Austin in 2005.
Last month, a panel of the General
Medical
Wakefield's 1998 work, published in The
Lancet, a prestigious British medical journal, fueled a worldwide scare
over vaccines and autism. The Lancet retracted the study earlier this
month.
Thoughtful House would not answer
questions about Wakefield's departure. By Thursday morning, he was
removed from the center's staff list, and the center issued a statement
when asked whether Wakefield had resigned.
"The needs of the children we serve must
always come first," it said. "All of us at Thoughtful House are
grateful to Dr. Wakefield for the valuable work he has done here. We
fully support his decision to leave Thoughtful House in order to make
sure that the controversy surrounding the recent findings of the
General Medical Council does not interfere with the important work that
our dedicated team of clinicians and researchers is doing on behalf of
children with autism and their families. All of us at Thoughtful House
continue to fight every day for the recovery of children with
developmental disorders."
Wakefield, who is in his early 50s,
helped draw musicians and other celebrities to the Thoughtful House,
where he was said to be in charge of research.
Parents who brought their children to
the clinic said they saw him as a persecuted hero whose staff helped
their children improve. The parents said they believe in the theory he
advanced in the Lancet paper — that some children might develop a form
of autism and gastrointestinal disease from exposure to the combined
measles-mumps-rubella vaccine.
Other researchers have widely disputed
the theory. Mainstream practitioners also oppose many of the
alternative treatments at Thoughtful House, including chelation — the
use of chemicals to remove metals from the body.
Starting April 7 in England, Wakefield
will go to the next level of hearings before the General Medical
Council, which will decide whether he is guilty of serious professional
misconduct and whether he should be sanctioned, which could include
losing his medical license.
Wakefield does not have a U.S. medical
license.
Last month, he told reporters outside
the medical council's office in London, "The allegations against me and
against my colleagues are both unfounded and unjust. I repeat,
unfounded and unjust, and I invite anyone to examine the contents of
these proceedings and come to their own conclusion."
DO
SOMETHING ABOUT
AUTISM NOW
.
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the Schafer Autism Report.
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Finding
Help for Learning Disabilities
By Lesley Alderman, NY Times. is.gd/8KQM7
Daniel Rosenbaum for The New York
Times
Laura Solomon, a special-education
consultant, working with
Carter Donald, 3, at her office in Washington. “Testing is an art and a
science,” Ms. Solomon said.
The first sign may be that your bright
child is having trouble reading, or organizing school assignments, or
concentrating on homework. Your child may be frustrated with school,
and you may find yourself frustrated with what looks like a lack of
effort. And a teacher may also notice that something is amiss.
If you suspect that your child has a
learning disability, and you’ve ruled out distractions like bad
chemistry with the teacher or a social issue, your best recourse is to
have the child tested.
The cost of getting a thorough
assessment by a trained professional can be steep, often as much as
$5,000. But that financial burden is not necessarily yours to bear:
under federal law your local school district is obligated to assess
your child free of charge, even if he or she attends a private school.
That said, if you go through the process with a school district, it
might take a bit more effort than hiring a professional. Below, we
discuss both options.
First, though, some context. By some
estimates, about one in seven Americans has a learning disability, a
neurological disorder that can make a basic task like reading, writing
or organizing information more difficult than usual. Disabilities
cannot be cured, but if identified early they can often be ameliorated.
Parents, teachers and specialists can help children develop strategies
for dealing with them.
The federal Individuals with
Disabilities Education Act, enacted in 1975 and updated frequently
since, is meant to ensure that all children receive an “appropriate”
education. The law, generally known by its acronym, IDEA, states that
local schools are obliged to help identify children who may have
learning disabilities and then have them assessed, with the parents’
consent.
But what the law promises and what the
schools can realistically provide are sometimes at odds.
“The law was created with the idea that
parents and schools would collaborate on their child’s education,” says
Neal Rosenberg, an education lawyer in Manhattan who worked for the New
York City Board of Education when the law was first drafted. “But the
relationship can sometimes turn adversarial."
In this column, I will discuss how to
determine whether your child has a learning disability and help you
navigate the local school system’s obligations in that assessment. In
next week’s column, my colleague Walecia Konrad will explain how to
help learning-disabled children get the education they need.
Getting Started
If your child is having difficulty in
school, don’t delay in arranging a meeting with your child’s teacher
and the school principal.
At this meeting, explain your concerns
about your child’s uneven academic performance. Perhaps your child is
bright, but is reading below grade level. Or he reads fluently but is a
poor speller. (Eighty percent of people with learning disabilities have
problems with reading.) The school may first want to gather more data
about your child’s performance and even try adjusting the classroom
instruction before formally assessing him or her.
At this point, it is crucial to know
your legal rights. Every state has a Parent Training and Information
center that is financed by IDEA. Contact your state’s center to learn
your school’s responsibilities and your child’s rights under the law.
To find the center in your state, go to
the Technical Assistance Alliance for Parent Centers Web site.
Wrightslaw.com,
a Web site focused on special-education law and advocacy, is another
good resource.
Spurring Action
A common complaint among parents is that
the school is not moving swiftly enough to address their children’s
problems or is reluctant to provide testing at all. Given the budget
challenges for most schools, that reluctance is understandable. Besides
the cost of testing, a finding that your child requires specialized
instruction can lead to additional expenses.
But this is your child you’re talking
about. If the school seems to be dragging its feet, make a written
request to the school’s director of special education saying that you
would like a comprehensive assessment. And provide reasonable evidence
to support your request.
That’s the advice of Kyle Karen, a
parent with a learning-disabled child who also volunteers as her
school’s parent-teacher liaison for special education in Shelter
Island, N.Y.
+ Read more: is.gd/8KQM7
+ Join discussion in the NY times here: is.gd/8KSLC
Autism Community
Supports the
Schafer Autism Report
Parents
should decide when their disabled child needs a private
placement
By Stuart Buck and Jay P. Greene
educationnext.org is.gd/8K6Di
The big battles over school vouchers in
American education have focused on programs serving low-income children
who live in urban areas. Milwaukee’s program, begun in 1990, is the
biggest and oldest in the country, and the District of Columbia effort,
funded by the federal government, has been the most carefully studied.
Both have been focal points of intense, partisan disputes, and both
have been threatened by legislative actions in the past several months.
But, even when they are considered together, those two programs are not
as large as a hardly known, originally noncontroversial voucher
innovation, the special education voucher. Four states—Florida (1999),
Georgia (2007), Ohio (2003), and Utah (2005)—have special education
voucher programs that together serve more than 22,000 students.
Special education voucher laws are very
simple. The parents of any child found in need of a special education
(in Ohio, only students with autism) can ask the school district to pay
for their child’s education at a school the parent has identified as
appropriate.
Special education vouchers have a
political advantage that vouchers for low-income students lack: they
can benefit not only the poverty-stricken disadvantaged, almost never a
politically potent interest group, but also anyone who has a child with
disabilities, a population that crosses all social and economic
boundaries. The concept also stands on particularly strong
constitutional grounds, inasmuch as special education vouchers add
nothing in principle to the rights established by federal law in 1974.
Part of the historic extension of equal educational opportunity rights
to the disabled, Public Law 94-142, the Education of All-Handicapped
Children Act, now known as the Individuals with Disabilities Education
Act (IDEA), was one of the most popular pieces of federal education
legislation ever enacted.
That law has four key provisions: 1)
every child, no matter how disabled, has a right to a free and
appropriate education, which can take place in either a public or
private setting; 2) an Individualized Education Plan (IEP) must be
designed for each child in consultation with his or her parents; 3) the
child should be educated in the “least restrictive environment”; and 4)
parents can object to the educational provisions for their child by
requesting a “due process” hearing with an independent hearing officer,
whose decisions can be appealed to the courts (see sidebar). But
schools tend to win most legal challenges brought by parents. Given the
long odds and financial and psychological toll of suing the same people
who take care of their child each day, most parents tend to accept
whatever services are offered, even if the services fall well short of
those required by law.
High Cost of Winning
In 1999, Joseph Murphy was a 9th-grade
student with dyslexia and several other cognitive disabilities. His
parents felt that the New York public high school’s Individualized
Education Plan (IEP) for their son was not adequate. They followed the
protocol of the Individuals with Disabilities Education Act (IDEA) and
sued Arlington Central School District, requesting that the school
district cover tuition at a private school that could meet their son’s
needs.
The Murphys prevailed in the district
court. Arlington was ordered to pay the tuition costs for Joseph at the
private school. In accordance with IDEA, the school district was also
required to pay the plaintiffs’ fees and the costs of the lawsuit,
which, for the Murphys, included a bill for $29,350 from Marilyn Arons,
an education consultant they had hired as an expert witness.
The school district refused to pay these
expenses, claiming that the Murphys should not be reimbursed for the
costs of Arons’s services, as she was not an attorney. In July 2003 the
district court ruled that under IDEA the cost of an expert consultant
was reimbursable and that the school district would indeed have to pay.
The school district appealed, and in March 2005 the second circuit
court affirmed the previous decision.
The school district then appealed to the
Supreme Court to determine whether, according to IDEA, costs beyond
attorney’s fees were reimbursable. In June 2006, the Supreme Court
decided (6 to 3) that IDEA’s stipulations for reimbursement did not
include expert witness fees, thereby absolving the school district of
paying for the Murphys’ expert.
Suing for tuition reimbursement for
their son’s private school and then fighting to be reimbursed for the
costs of the expert who had helped them win took Joseph Murphy’s
parents seven years. The Supreme Court ruling left the burden of paying
the $29,350 on the Murphys’ shoulders.
As special education has evolved over
the decades since IDEA was enacted, public school districts have
provided most of the special education services students have required.
But a small percentage of students are educated at private schools,
most often because the district has deemed that facility to be the most
appropriate and to provide the least restrictive environment, given the
nature and severity of the child’s disability. Many of the private
schools serving the disabled have a religious affiliation, but that has
not proven to be a barrier to government funding of student placements
under IDEA.
As of 2007, there were 5,978,081
students in special education nationwide, with fewer than 100,000 in
private placements. Only 67,729 were being served by private schools at
parental initiative, a mere 1.1 percent of disabled students, and a
trivial 0.14 percent of the 49.6 million students in public education.
Students placed in private schools are more likely to be autistic, have
multiple disabilities, or suffer from emotional disturbances than those
students who receive services in the public schools (see “Debunking a
Special Education Myth,” check the facts).
Although few and far between, private
placements nonetheless are an important constitutional precedent for
special education vouchers, as the latter constitute only an extension
of a long-standing practice that dates back to the civil-rights
revolution. But unlike the procedures established under IDEA,
school-voucher laws give parents the right to select a private
placement without having to convince public school officials of the
need for such services, to say nothing of the legal costs of proving to
a hearing officer, or a state court judge, that the decision of the
school district was in error. The rights of parents are seemingly
identical under IDEA and under special education voucher laws, but the
ease with which parents can exercise those rights is profoundly
different.
+ Read more: is.gd/8K6Di
• • •
Placebo
Treatments Stronger Than Doctors Thought
By Maria Cheng. is.gd/8KV0g
AP - When it comes to the placebo
effect, it really may be mind over matter, a new analysis suggests.
In a review of recent research,
international experts say there is increasing evidence that fake
treatments, or placebos, have an actual biological effect in the body.
The doctor-patient relationship, plus
the expectation of recovery, may sometimes be enough to change a
patient's brain, body and behavior, experts write. The review of
previous research on placebos was published online Friday in Lancet,
the British medical journal.
"It's not that placebos or inert
substances help," said Linda Blair, a Bath-based psychologist and
spokeswoman for the British Psychological Society. Blair was not linked
to the research. "It's that people's belief in inert substances help."
While doctors have long recognized that
placebos can help patients feel better, they weren't sure if the
treatments sparked any physical changes.
In the Lancet review, researchers cite
studies where patients with Parkinson's disease were given dummy pills.
That led their brains to release dopamine, a feel-good chemical, and
also resulted in other changes in brain activity.
"When you think you're going to get a
drug that helps, your brain reacts as if it's getting relief," said
Walter Brown, a clinical professor of psychiatry at Brown and Tufts
University. "But we don't know how that thought that you're going to
get better actually translates into something happening in the brain."
With growing proof that placebos work,
some doctors are trying to figure out how to capitalize on their
effects, without being unethical.
+ Read more: is.gd/8KV0g
• • •
is.gd/8KZa2
After a decade of dedicated service to
Whitaker Wellness Institute of Newport Beach, Donald L. Jolly-Gabriel,
Ph.D., has been named Executive Director of the Hyperbaric Institute at
The Center for New Medicine in Irvine, California. The
state-of-the-art hyperbaric oxygen treatment clinic is located at 6
Hughes, suite 150, Irvine, CA.
“Dr. Jolly-Gabriel will be a great asset
to our team,” said Leigh Erin Connealy, M.D., medical director of the
Center for New Medicine. “He is one of the foremost experts in the
field. His use of hyperbaric oxygen therapy in the treatment of U.S.
soldiers who have suffered blast injuries to the brain is
ground-breaking."
Dr. Jolly was the founder of the
hyperbaric oxygen therapy program at Whitaker Wellness and Director of
Hyperbaric Medicine there, for 10 years. During that time, he
used expertise gained directly from pioneers in the field -- Dr. David
Hughes and Dr. Richard A. Neubauer -- to successfully expand the
application of hyperbaric medicine.
Originally developed for the treatment
of deep-sea divers suffering from decompression sickness, it evolved to
become a treatment of diabetic wounds and burns. In recent years it has
been found to benefit a wide range of other conditions. They include:
traumatic brain injuries, strokes, carbon monoxide poising, sickle cell
anemia, gas gangrene, near-drowning, smoke inhalation, autism, post
surgical healing, cosmetic surgery recovery, multiple sclerosis and
many others.
+ Read more: is.gd/8KZa2
• • •
Mom's
Diet May Alter Infant's Allergies
By Joene Hendry. is.gd/8L05V
Reuters Health - Eating lots of
vegetables and fruits during pregnancy may lower the chance of having a
baby with certain allergies, hint study findings from Japan.
Greater intake of green and yellow
vegetables, citrus fruit, and veggies and fruits high in beta carotene
(generally those colored red and orange) may lessen the risk of having
a baby with eczema (itchy, dry, red patched skin), Dr. Yoshihiro Miyake
at Fukuoka University and colleagues found.
Foods high in vitamin E, found in some
green vegetables, similarly may lessen the risk of having a wheezy
infant, they report in the journal Allergy.
Beta carotene and vitamin E are two of
many vegetable and fruit antioxidants thought to benefit health. But
prior investigations of maternal antioxidant intake and childhood
allergies offered conflicting findings. This area of research "is still
developing," Miyake noted in an email to Reuters Health.
+ Read more: is.gd/8L05V
• • •
B.C.
Teen Charged In Stabbing Death of Father Unfit To Stand Trial
By Cindy E. Harnett, Victoria Times
Colonist is.gd/8L9kT
Victoria — An autistic teenager from the
Victoria area charged with second-degree murder in the stabbing death
of his 53-year-old father has been found unfit to stand trial following
a psychiatric assessment.
The 17-year-old from Saanich appeared by
video in provincial youth court Friday.
There is a publication ban on details of
the psychiatric assessment by Dr. Paul Janke of Youth Forensic
Psychiatric Services. However, both defence lawyer Dale Marshall and
Crown counsel Leslie Baskerville accepted the doctor's findings, and
Judge Adrian Brooks ruled the youth unfit to stand trial.
The youth cannot be identified under the
Youth Criminal Justice Act. The teen, currently at a corrections
facility in Burnaby, was remanded to the Maples Adolescent Treatment
Centre, which has an in-patient assessment unit.
The Criminal Code requires the British
Columbia Review Board to review the file within 45 days to determine
whether or not the youth is fit to stand trial while he receives
treatment. Those reviews will continue on an intermittent basis.
If the youth is found fit to stand
trial, he will enter plea. At that point, Marshall explained, it will
be determined whether an assessment is necessary to see if he is not
criminally responsible by reason of a mental disorder.
Fitness to stand trial has a lower
threshold, Marshall said.
If the youth remains unfit to stand
trial he will remain in a psychiatric treatment facility, Marshall said.
The Youth Criminal Justice Act requires
he must appear back before the court in a year or sooner to determine
whether there's a change in his mental fitness.
Marshall said the boy's mother and
sister are supporting him.
"It's very difficult for the family, as
you can imagine," Marshall said. "It's very difficult circumstances to
lose a husband and son."
On the same day the teen appeared in
court last week, his mother attended her husband's funeral.
• • •
ADVOCACY
Ban
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