8th Circuit Issues Adverse Decision In Autism Case / Open Your Eyes Last Plea

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" Healing Autism: No Finer a Cause on the Planet "

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8th Circuit Issues Adverse Decision In Autism Case / Open Your Eyes Last

Plea

Wednesday, December 08, 1999

[Thanks to The Special Ed Advocate online newsletter:

http://www.wrightslaw.com ]

Grace is a 6 year old child who has been diagnosed with a severe brain

injury and autistic behaviors. When Grace was two, her parents took her to a

Philadelphia Institute for a comprehensive evaluation. After this

evaluation, the Institute devised an intensive, home-based training program

for Grace that included 12 hours of individualized therapy a day by the

child's parents.

When Grace turned three, she qualified for services under IDEA. At

that time, her parents requested that the school district fund the cost of

the intensive (and expensive) therapy program. Not surprisingly, the

district balked.

The District advised Grace's parents that they would have to perform

their own evaluations on Grace before deciding on her educational program

and placement. Six school employees completed various evaluations on Grace.

Subsequently, a meeting was held to determine eligibility and develop

an IEP. At this meeting, the District decided that Grace was eligible for

special education services because of " developmental disabilities. "

The District brought a " draft IEP " to the IEP meeting. This " draft

IEP " included present levels of educational performance and IEP goals and

objectives. The District announced their intention to place Grace in a

" reverse mainstream class. " Upset at this turn of events, the parents left

the IEP meeting.

What is a " reverse mainstream class? Good question.

" Reverse mainstream " is " not mainstreamed. " Some " reverse mainstream "

classes may have one or two " typically developing " children. Is " reverse

mainstream " a new " politically correct " term for " self contained " or

segregated classes?

Grace's parents requested a due process hearing. In Missouri, due

process hearings are held before three member panels. This panel ruled

against Grace and her parents. The parents then appealed to the U. S.

District Court which reversed the panel. The school district appealed to the

Eighth Circuit.

Amicus briefs on behalf of Grace were filed by Missouri Families for

Effective Autism Treatment and the St. Louis Learning Disabilities

Association.

Yesterday, the Eighth Circuit reversed the U. S. District Court'. This

adverse decision was written by a U. S. District Court judge from Minnesota.

In the decision, the Eighth Circuit described the Institute as

" controversial. " By leaving the IEP meeting when they realized that their

daughter's placement had been (pre) determined, the Court ruled that the

parents " truncated " their rights. The Eighth Circuit disposed of the

parents' assertion that they did not understand their role at the IEP

meeting as " unfortunate " but not due to " any wrongdoing on the part of the

School District. "

Read " Blackmon v. Springfield R-XII School District " in the WRIGHTSLAW

LAW LIBRARY:

In PDF:

http://www.wrightslaw.com/law/caselaw/case_8th_blackmon_springfield_MO_99120

2.pdf

In html:

http://www.wrightslaw.com/law/caselaw/case_8th_blackmon_springfield_9912.htm

l

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Last Plea for Open Your Eyes Project - 1999

[From Reynolds of Unlocking Autism.]

We just wanted to make one last push for participation in the Open

Your Eyes project before the end of the year! We are striving to collect

58,000 pictures of autistic individuals, young and old, from across the

United States. We have several other countries that are now participating

in the project and it is very promising.

Please visit our website at http://www.littleangels.org to register on

line or call us at 877-769-6736 for more information. If you can help us

spread the word about the project we would appreciate it. Please visit the

home page of our website and you will find a blue button that says " Help

Spread the Word " that will lead you to a form you can print out and help

distribute to support groups, doctor and therapist offices, health food

stores, schools and anywhere else you would find families with autistic

individuals.

You can also read more about the project and the rally being planned

for next spring in this month's copy of The Advocate put out by the National

Autism Society of America.

We are looking forward to the day when the post office box is

completely full and we have to go to the counter for a sack-o-mail!! Send

us one of your extra holiday photos and your permission to use it at PO Box

1086, Baton Rouge, LA 70821-1086. Any size will do! Any picture will

do...whether they are adorable after just having eaten birthday cake, to

school pictures to snapshots from summer vacation.

We will see you in Washington, DC next year!

Reynolds

Unlocking Autism

http://www.littleangels.org

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