Justices Decline Appeal on 'Aversive Interventions'
The U.S. Supreme Court on
Monday declined to disturb a lower court ruling that upheld a New York
state prohibition on the use of electric shock and other "aversive
interventions" on children with disabilities.
The New York regulation was challenged by parents who believe such
interventions, which also include food limitations and physical
restraints, are proper for their children, who commit self-injurious
behaviors such as banging their heads on walls and pulling out their own
teeth.
The parents in the suit are among many in New York state who send
their children to the
Judge Rotenberg Center in Canton, Mass., a
facility that until recently used shock therapy and continues to use
other aversive methods. The New York regulation applies to whether the
state will pay for the out-of-state placement.
The parents argued that the 2006 New York state education regulation
undermines their children's right to a free, appropriate public
education under the federal Individuals with Disabilities Education Act.
The parents also raised claims under the Rehabilitation Act of 1973 and
the 14th Amendment to the U.S. Constitution.
In a ruling last August,
a panel of the U.S. Court of Appeals for the 2nd Circuit, in New York
City, ruled 2-1 that the state's prohibition of one possible method of
dealing with behavioral disorders, such as aversive interventions, does
not undermine a child's right to a free, appropriate public education
under the federal special education law.
The appeals court noted that Massachusetts had recently adopted its
own regulation that bars some of the interventions used at the Judge
Rotenberg Center, including spanking, hitting, and skin shock. The
Massachusetts rule allows certain other methods, such as loud noises,
bad odor and taste stimuli, and short delays for students' meals.
The 2nd Circuit court said the change did not make the parents'
challenge to the New York regulation moot, because New York's
prohibition on aversive interventions is broad, and a successful
challenge could permit families to seek certain therapies elsewhere.
However, the court rejected the parents' arguments that the New York
regulation prevented them from getting an individualized education plan
under the IDEA that was most appropriate for their children. The appeals
court said the New York rule represented the state's considered
judgment about what is best for the safety and education of its
children.
"New York adopted the ban of aversives only after the [state]
Education Department made site visits, reviewed reports, and considered
complaints from parents as well as school districts and others raising
concerns about aversive techniques," said the opinion by Chief U.S.
Circuit Judge Dennis Jacobs. "It concluded that aversive interventions
are dangerous and may backfire and that positive behavioral
interventions are sufficiently effective to provide a [free, appropriate
public education]."...
KSN&C Backstory
Kentucky School News and Commentary: Shocking story out of ... Dec 20, 2007
3 comments:
So I can't restrain them but I can shock them????
"You have the right to remain silent, you have the right to an attorney...."
"This is electronic shocking devise which I am going to use as part of your therapy."
What?
No. The NY court disallowed the electric shocks.
I don't know of any schools in Kentucky using aversives like those at the Judge Rotenberg Center.
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