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Allan Schwartz, Ph.D.
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Abuse of Special Needs Children in our Public Schools

Allan N. Schwartz, LCSW, Ph.D. Updated: May 29th 2009

 The Government Accounting Office (GAO) released a report to the Congressional Committee on Labor and Education about the treatment of special needs children in the public schools. The report was shocking and should be a matter of national concern.

"Special needs children" are those diagnosed with a variety of disabilities and are placed in classes designed to improve their opportunities for learning. Among the disabilities are such things as Attention Deficit Hyperactivity Disorder, Autism, various learning disabilities, mental illness and children with limited intellectual capacity.

The classes in which these children are grouped are lead by teachers who are supposed to have special training in dealing with these types of children. Howeve, in order to minimize the stigma of being in a separate type of class, these children are often main streamed into classes for average children.

One of the hall marks of many of these children is difficulty controlling themselves. Many autistic and hyperactive children move around a lot and find it difficult to focus their attention on tasks. As a result, teachers find these kids to be very disruptive whether they are in a main streamed or special education class.

What is shocking about the report released by the GAO is the fact that, nationwide, these disabled children are  being harshly disciplined so that there have even been some deaths. For example, one child was held down by the teacher, finally died of suffocation. Other children are handcuffed, placed in restraints, exiled to time out rooms for hours at a time and ridiculed by their adult supervisors. The time out rooms were meant to serve as a place where a child can get some respite for a brief period while they regain self control. Instead, they are being locked into the room for several hours at a time.

Amazingly, there are no federal laws governing the behavior of these teachers. I am aware of one case that happened in Florida this past winter (2009) in which a teacher was sued by the family for child abuse but was found innocent and released.

Evidently, the Florida case is not unusual so that the accused teachers end up returning to their classrooms.

My Opinion of why this happens:

In my opinion, based on years of experience dealing with the public schools, special education teachers are not specially trained to cope with and help these kids. There are school systems around the country that utilize teaching methods based on psychological research that are successful in handling special needs children. One of them is the Lehigh School system in Pennsylvania. However, with few exceptions, special education is a neglected aspect of education in most places.

As a result, many of these children drop out of school by the time they reach the Middle and High School years. By that time, they have soaked up the self image that they are "bad and hopeless," join the ranks of other damaged kids and become involved in alcohol, drug abuse and anti social activities. In the end, society pays the cost of neglect because so many of these youngsters become criminals and enter the prison system. If public funds were used to properly train special education teachers to provide programs that help these child overcome their problems the cost would be minimal because we would not need so many prisons.

This is a matter of deep concern to any parent of a special needs child. It should be a matter of concern to every person. There needs to be a huge public outcry against this problem.

Your comments and questions are encouraged about this important issue.

Allan N. Schwartz, LCSW, PhD

Allan Schwartz, LCSW, Ph.D.

Readers in the Boulder, Colorado metro area (or Denver area people willing to drive) may contact Dr. Schwartz for face-to-face consultation and psychotherapy. Email him at dransphd@aol.com for details.

Reader Comments
Discuss this issue below or in our forums.

School systems not trained yet in 2009 - - Oct 23rd 2009

My daughter is mainstreamed now.  She started high school in the Special Ed program.  Her day consisted of sitting idly in a self-contained Resource room doing nothing.  After repeated visits and meetings we finally got her mainstreamed.  It wasn't clear to me until the last meeting that she would not earn a regular diploma in the Special Ed program.  She would get a useless certificate of attendance.  This year has brought some major changes.  Her teachers don't have a clue as to how to individualize or modify her program.  I will have to go in and try my best to not get ugly.  At the Fall Open House (which was a virtual ghost town of parents)  I was irritated with them.  I have been a teacher and I know the many options available to them.  Why do I have to do their job?  If anyone out there knows of an intelligent and innovative school system for a physically disabled high school student please let me know.  We have one more year to go after this one.  Even if the move would set us back in credits we might be better off.

abused in public school - amada abalos - Sep 30th 2009

From ;amada abalos,re; My 9 yr old daughter a special needs child that has temporal lobe epilepsy {some dead neurons]on the 25 th of septembr 2009 ,I was waiting for the school bus to arrive with my child I waited and waited and my daughter never got home ,so I started to get nervous. I saw a police car come in as I was sitting in my car waiting , and I went to see where he was headind and it was my house and I asked him  " what happen officer and he responded your daughter is at the hospital, I said what is the matter with her and he said he did not know.I drove to the hospital and found my child tied up feet and hands to a mbed and I asked my child what happened she said that the principal of the school was taking her out of the library and she was afraid he might assault her ,the principal Mr. Labat continue to want to remove her from the library because she got angry at the librarian when she removed her head band. The principal continue to call a police to the school where they put hand cuffs on my daughter and the also called an ambulance when there was noreason to.He said he called me but I didn't answer But never left a message.I went and untied my child from the bed and the child was fine she was afraid at all this that was happening and she did not know why..The principal Mr. Labat discriminates against children with disabilities,The moved my child from a class room of about 5 or 6 to a class room of 20 or so. My daughter can not be in a large class she fears man she does not like to socialise with too many children and Mr. Labat Ignored the Dr's Diagnosis and thought he knew more .At the hospital Hancock medical center they called D.H.S and and asked me all kinds of questions  it was a big show. They finally found out that I m A very good mother as Kim from D.H.s reported to another person on her cell phone it was very embarrasin for me and degrading .It looks like there is not hope for children with disabilities and they can't get an education.It's very depressing to me to know what goes on in a public school and how they treat these children it hurts..finally after they did a urinalizes on my child tha head doctor discharged my child and just said that it was probably just she got angry because my daughter head band was taken of her head.Sept -28-2009 I went to the school and spoke to Mr. Labat And told him that the way he did things the day of the incident was wrong ,he he said he did what he had to do,I told him I was going to report him to the school board,he said ' I dont care . IT's like they have the power to abuse these children because He things they don't have a chance to be proffesional people in life.I thank you .for your time to read this letter God bless our special need children and their parents that love them unconditionaly.

Special Education Abuse!!!! - - Sep 29th 2009

I have been a special education aide for 8 years. I have worked with Ed students for six years and the last two with severely disabled students. The students are ages 5-9. They are in wheel chairs and most of the students cannot speak! At the beginning of the school year a new teacher was assigned to our room. I saw her hit two separate students and turned her in to my principle immediately! Nothing has been done about this? I was the only one who saw anything but I have a good report with my principle and trusted her to take action immediately. The teacher was just hired so I thought they would suspend her and have an investigation. Well none of this has happened. After about two weeks I went to my Dr. and asked for some time off due to stress. The teacher was just making it unbearable to go to work. When I went out I called two parents to tell them what was going on. I also babysit for them in their home and I love their children. I am now in trouble as my principle called and asked me if I had spoken to a parent. I told her I had and asked her why she was upset with me as I told her I had done nothing wrong! Anyways I am off work for a few month and don’t really know what to do? I love my job and the students. I can’t believe in this day and age a teacher can blatantly hit a student and not have any consequences for their behavior? This had made me sick and I am disgusted with the whole system. I can’t believe anyone would ever want to hurt a child like this.....

Teachers are on YOUR side - Monica L - Sep 10th 2009

What I do not understand about the comments I'm reading is that parents are so quick to place the blame on the school system. Teachers are not in it for the money. We become teachers to change the lives of children and to make the world a better place. Believe it or not, have the same hopes and dreams for your children. I was very disappointed to see a comment naming a specific school district. Disagreeing with a placement is not grounds to say that your child is being "abused" or mistreated. In fact, following the specifics and mandates of the placement your child has is required by law. If they were to go outside the parameters of your child's placement, you would be able to blast them for that as well. I suggest taking up concerns with an individual school district in a private setting and not making it a public spectacle. 

Thank you - Karen - Sep 8th 2009

Reading your article adds to our decision to homeschool our daughter with Down Syndrome As I have been writing our daughter's IEP that I am keeping for our own records I have a hard time imagining our daughter being able to work on all the goals that I have written in different areas while having to deal with distractions in a special needs classroom. Also, in all my research for choosing curriculum for her, some written for Down Synrdome children specifically, I feel that giving her an individualized homeschool education that specifically caters to how Down Syndrome children learn will help her excel farther in her education. There are many resources out there that help to provide information, support and resources for parents homeschooling special needs children...it can be done with love and hard work!

The Schools Make It Hard - Cathy - Aug 19th 2009

When our son first attended school, they fought us about inclusion and I ended up homeschooling for years and a 3 years ago we tried to put him back in school and they wanted to send him to several regular education classes.  Now our son functions at the 3 year level and their idea of inclusion had him sitting in the back, coloring.  The teaching assistants that took him to the classes had no training so didn't understand his functioning level so they attempted to get him to do things way beyond his abilities.  He was stressed out that he began digging sores on his head for "relief".  I fought them over this as I had over the years on one issue or another but they are "proud" of including these children in the regular program.  So, now an adult, he attends a day center for people with developmental disabilities.  Some of his case management staff fought me on this 2 years ago because they felt he should have a job downtown, a regular job with a staff member with him.  Well now after the two years, he rides the bus to the center and has 2 girlfriends and many other friends.  He works on contracts there, goes into the community for functions including meals on wheels and is happier than ever before in his life.  I do believe that a child with special needs should be included as much as possible in the first 3 years of elementary school but after that, it must be individualized - would you have wanted to go into a classroom in high school where you were in Biology class coloring in the back of the room?  What about parenting class when you were being used as the example of a child?  Neither did he.

Animals have more rights than those with Special Needs - Parent in Texas - Jun 16th 2009

It is funny that animals have more rights and those that mistreat animals get put in jail.

What about these teachers that are sent back into society with a slap on the wrist, it just does not make sense.

Ready for action - Stacy Ford - Jun 16th 2009

I am a strong advocate for special needs children and our daugher, with Downs.  We have had many adverse experiences with Leander ISD and finally have had our last at the end of this school year.  I am now doing my homework to uncover other injustices and advocate for our kids who are being cheated out of an education and safe school environement due to neglectful and ignorant adults.  From uncovering so much injustice, I am petrified to know this is our educational system.  This makes corporate america look like a piece of cake.  I hope to bring together others that have had the same experiences so that we can bring about real change. 

Special Needs kids have special needs from parents too... - Bethany Gorski - Jun 5th 2009

Parenting children with "Special Needs" is commonly acknolwedged as a challenge above and beyond the usual demands of involved and loving parenting.  Monitoring the school system is only one aspect of this challenge and it often gets overlooked as simply being an "involved" parent, dismissed as being an obsessive parent, or just ignored altogether.

Our family is fortunate enough to still remain in one household and, more or less, able to provide a stable and supportive environment for each other.  So many familes affected by disabilities are not so fortunate.  When my son was first diagnosed with Autism, I remember reading that at that time (7 years ago), more than 60% of heterosexually partnered parents were separated or divorced within the first year after a diagnosis of Autism for their child(ren) [I don't recall any info on same sex parents].

What no one told us was why it's so difficult to hold on and keep the family together- that we would need to make tremendous sacrifices of time, energy and income to even give this kid a fighting chance.  One of those sacrifices is being a one-income family so that one parent is always on Full-Time Parent duty, which includes being so involved with the school, the teachers, the paras, the typical peers in class, etc. that very little slips by unchecked.  I'm not in any way suggesting that parents of children with special needs are to blame for a school's mistreatment but I am suggesting that the dialogue about parenting special needs extends to include the daunting responsibility of extra involvement.

The educational system will not be changing soon enough for our kids who are already in the schools.  Fighting for change is one important way that folks who aren't up to their eyeballs advocating for their kids on a daily basis can support those of us who are.

Parents of recently diagnosed kids be warned as I wish we'd been- it will not be easy, it will never be fair, and you CAN do what seems impossible.

Other folks, please reach out to the parents in your life and community (your churches, your schools, your extended families) who have children with special needs.  Offer what support you can, be sure to be reliable in following through with that support, and most of all retain a solid dose of compassion (not pity) as you help us advocate for our kids.

Thanks for this forum, I've never had the opportunity to express this before!

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