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Bayside, New York, April 25, 2002–The national Tourette Syndrome Association, a membership driven, non-profit organization dedicated to providing comprehensive programs of education, research and personal services to all people who have Tourette Syndrome and their families, opposes any amendments to the Individual with Disabilities Education Act (IDEA) that would weaken the current law.
As Congress reauthorizes IDEA this year, discipline issues will be a top priority. Several of the amendments that are being considered would significantly increase the likelihood of suspensions from school for students with Tourette Syndrome. If these amendments are approved, students with disabilities of all ages could be suspended for "dangerous behaviors" and it is possible that they would be prevented from receiving educational services for the duration of the suspension, regardless of the length. The definition for "dangerous behavior" is vague and can include behaviors that are symptoms and do not present a threat to anyone.
"Everyone is concerned with school safety, including parents and educators, " said Judit Ungar, president of the Tourette Syndrome Association. "However, removing children and providing no services because of a vocalization, physical tic, an obsessive-compulsive behavior or impulsive remark will not make schools safer and certainly will not benefit students or society."
When IDEA was reauthorized in 1997, Functional Behavioral Assessments (FBA's) were mandated for any student who's behaviors interfere with other students' education. It stated, the purpose of FBA's is to establish positive and proactive interventions for students with "behavior difficulties." It has been proven that by providing positive supports, students are able to learn alternative strategies for more socially acceptable behaviors. Studies show that reactive, punitive interventions typically only lead to an increase in symptoms and behaviors particularly for those students with neurological disorders such as Tourette Syndrome.
Under the current law, a manifestation determination takes place if a child with a disability displays inappropriate behaviors punishable by suspension. This determines whether the behavior was due to a symptom of the disability. If it is, the school then must examine the supports that are provided for the student and develop a plan that will teach the child strategies so that the behavior is not longer manifested.
"Schools cannot be allowed to become institutions where children with disabilities are removed for symptoms," said Ungar. "We need to support positive interventions that teach and resist punishments that have proven to be ineffective and destructive."
©2007 Tourette Syndrome Association, Inc. 42-40 Bell Boulevard / Bayside NY 11361 / 718-224-2999