Informed Alternatives To The Extreme Inclusion Theme of the UNB Law Equality in Education Symposium

L: Yude  M. Henteleff, C.M., Q.C., L.L.D. (Hon.)     R: Harold L. Doherty 
at the Atlantic Human Rights Centre Inclusion Conference
Crowne Plaza Fredericton-Lord Beaverbrook, June 14, 2012 

In the picture above I had the privilege of standing with Yude M. Henteleff C.M., Q.C., L.L.D. (Hon) at the 2012 Atlantic Human Rights Centre Inclusion Conference Crowne Plaza Fredericton-Lord Beaverbrook.  I thought of Mr. Henteleff as I listened to the speakers at the Equality in Education Symposium on the legal implications of the Moore decision conducted at the UNB Law School.

Although I am a graduate of the UNB Law School, was a speaker at the Atlantic Human Rights Centre Inclusion Conference 5 years ago, participated as the Autism Society New Brunswick representative, and offered a dissenting perspective on inclusion practices in NB, during the MacKay, Ministerial Committee and Porter-Aucoin (NBACL) Inclusion reviews, have written extensively as a dissident critic of Gordon Porter's & NBACL.s extreme everybody in the mainstream classroom philosophy which NB civil servants imbibed for 3 decades and were expressly soaked in by the previous government in an invitees only secretive Inclusion Review at the infamous "Larry's Gulch" , I was not invited to speak at the UNB Law Equality in Education Symposium.

Meeting of Senior Department of Education Officials With Gordon Porter And Other Advocates of Extreme Everyone In the Mainstream Classroom Inclusion June 20, 21, 2012
Information from CANADALAND web site.

I found out about the UNB Law Equality in Education Symposium the morning it was starting and went hastily to offer some questions to the speakers who were primarily on board with NB's extreme inclusion philosophy and listened as the occasional speaker spoke of the accommodation of students like my son who require instruction outside the mainstream classroom using the pejorative term of "segregation".

I offered a detailed description to a speaker who appeared via skype or some such similar program of the harm my son suffered in one of the mainstream classrooms and the lack of such harm and the benefit to him of an alternate learning environment that respected his specific severe autism and cognitive challenges. He referred to my son's experience as anecdotal which technically it is but it is also amply substantiated by school records, evidence spanning his entire school career.

One speaker did address one of the most significant cases in Canadian Jurisprudence in terms of disabilities and education. Lawyer and former Minister of Education Kelly Lamrock gave an excellent presentation on the Moore decision of the Supreme Court of Canada: Moore v. British Columbia (Education),2012 SCC 61, [2012] 3 S.C.R. 360 which was delivered very diplomatically but spoke of a positive right to a meaningful education of students with disabilities.

Another speaker that the UNB Law School might have considered though would have been Mr. Yude Henteleff above who has long been a distinguished advocate for the Learning Disabilities Association of Canada. The Learning Disabilities Association of Canada participated as an intervener in that case. with Mr. Henteleff participating as the volunteer lead counsel on their behalf at each stage of the proceeding. He has delivered an excellent presentation on the decision in the Moore case:

THE MOORE DECISION:MEANINGFUL ACCESS INCLUDING A RANGE OF PLACEMENTS - AN INTEGRAL PARTOF THE RIGHT TO EQUAL ACCESS IN EDUCATION 

I encourage everyone interested in inclusion and disabilities, including UNB Law Students, Professors and contracted Lecturers and in particular anyone who is interested in looking past NB's borders where the Porter-NBACL extreme all in the classroom philosophy is accepted as gospel to read Mr. Henteleff's analysis of the Moore decision. In the event that they choose not to I offer this very important excerpt:

"By imposing one standard, namely that the fully inclusive classroom meets all needs, academically, physically, socially, emotionally, behaviourally and cognitively of all students with special needs, is the perception that one size fits all. That is not borne out by research or by case law. Such a standard is therefore discriminatory, as was made clear by the SCC in its decisions in Kapp23 Eaton24 , Meiorin25, Grismer26, Mercier27 and most recently Moore28 .  

One of the more comprehensive studies on Inclusion in Canada was conducted by Professor A. Wayne MacKay, Professor of Law of Dalhousie University on behalf of the Government of New Brunswick, titled "Inclusive Education: A Review of programming and Services in New Brunswick" publication date March 15, 200629 . He makes it very clear that flexibility, not simply adherence to dogma, is important in dealing with this issue. He also makes it very clear that a one-size-fits-all approach does not belong in an inclusive education system and that a broad definition of inclusion is an important foundation to any initiative taken in that regard. At pp. 5, 6, 20, 22 and 39 of his report, he makes it clear that integration of every student with special needs in the mainstream classroom is not a universal remedy. "

Ideally I would like to see the UNB Law Equality in Education Symposium continued with a second symposium which brought perspectives other than the extreme beliefs which has been sold as THE ONLY inclusion in NB education circles for years. Such a symposium would be well served to invite Mr. Yenteleff as lead or featured presenter.

In the alternative I hereby humbly offer myself to address any interested staff, speakers or members of the public at a speakers hour if they would accept me as a humble but well informed individual capable of, and willing, to challenge with solid information the monolithic belief system that inclusion means inclusion for all in the mainstream classroom. Far from being inclusive it is exclusive and discriminates against those whose needs may require a learning environment and methods of instruction outside the mainstream classroom.

In any event I sincerely hope that all interested parties read the paper by Yude Henteleff from which I have quoted above and the legal authorities Moore, Eaton and others that he cites therein. I also state that although I was disappointed with the lack of diverse perpective I am glad that the subject of inclusion, education and disabilities was raised for discussion by the UNB Law School.

New Brunswick Education Exclusion Philosophy

A bite mark on Conor's hand. Conor would bite his hand regularly in the regular classroom. The biting ceased when his learning was provided in quiet locations outside the regular classroom. The bite mark above actually occurred while he was receiving instruction in a small area near an office in High School and the phone rang for a prolonged period because the occupant was absent. The school nurse attributed the bite to an infection. I took him immediately to see our family Doctor who concluded it was not an infection but was a bite mark. The picture above was taken the next day AFTER the swelling had gone down a bit and the individual teeth marks could be seen. Noises including a phone ringing, or the many sounds and other sensory and cognitive challenges of the mainstream classroom can be harmful for some with autism disorders. It is necessary to look at the evidence to see what works for the individual student and not rely on a philosophical belief system. A SIMPLE inclusion philosophy fails to accommodate learning needs of ALL students and results in exclusion of SOME from a true learning experience.

I had the opportunity recently to attend a workshop at the UNB Law School in Fredericton at which speakers commented on inclusive education and disability issues. As a graduate of the UNB Law School I was very disappointed that for the most part the presentations were yet one more obedient salute to NB's extreme "everyone in the mainstream classroom" philosophy, a philosophy described by NBACL icon Gordon Porter as "simple", and which actually excludes some with diverse needs from receiving a safe and meaningful education. For some students their autism disorders are not always simple. I wasn't able to stay for every presentation and it is also possible that I missed a point or two during the full day but I did not hear any single speaker address the need for evidence based approaches to educating children with disabilities. No consideration was shown for those who actually NEED an education outside Gordon Porters mainstream classroom. (An excellent presentation by lawyer and former Education Minister Kelly Lamrock on the implications of the SCC decision in the Moore case hinted at a possible need to re-evaluate possible implications.of that decision for NB education and its inclusion policy)

NB's SIMPLE Inclusion Philosophy

                                

        Gordon Porter leads a session on inclusive education at

             the Greenwood Inn and Suites on Thursday, April 12, 2012 Diane Crocker

The picture by Diane Crocker above and accompanying quotes are from the Newfoundland paper the Western Star article, "Inclusion in the classroom ‘simple,’ says educator", (with highlighting added by me for emphasis-HLD):

"CORNER BROOK — Gordon Porter believes inclusion is the most natural thing in the world. The educator and director of Inclusive Education Initiatives presented a session on inclusive education at the Greenwood Inn and Suites on Thursday. Porter, who is also the editor of the Inclusive Education Canada website inclusive education.ca, spoke to parents, educators and agency professionals who deal with children with special needs at the pre-conference for the Newfoundland and Labrador Association for Community Living Conference taking place in the city today and Saturday. The session was sponsored by the Community Inclusion Initiative. Porter’s session revolved around the theme of parents and teachers working together to make inclusion work.“It means kids go to their neighbourhood schools with kids their own age in regular classes,” said Porter.“If you’re seven years, old you go to the school just down the street. You go in a class with other seven-year-olds, and you’re supported if you have extra needs. “It’s so simple, it’s that simple,” said Porter."

I have often criticized the closed minded thinking of those with good intentions who adhere to the philosophical approach of NB's extreme inclusion as it relates to some with severe autism disorders because it forces them, and some other students, to learn in mainstream classrooms without regard to cognitive, learning and sensory challenges of some students. NB's extreme inclusion policy does not permit a rational, thorough examination of the evidence and consideration of what is needed in terms of the appropriate learning environment for those who may require alternative locations to learn in a safe, humane and effective learning environment. In fact it excludes some from having an appropriate learning experience.

My son Conor's severe autism and related challenges led him to bite his hand every day in the mainstream classroom until he was removed at our request and placed in an empty classroom with a teacher aide and the biting ceased. His self injury was evidence that could not be ignored. Once placed in an alternative location the biting ceased and he was able to learn in an appropriate learning environment for him.

He has been educated in that fashion since then while receiving ample opportunity to participate in appropriate activities eg. swimming, appropriate school trips eg. to an apple orchard, resource centre start, lunch and finish each day. Meeting Conor's individual learning needs outside the mainstream classrooom has not excluded Conor from engaging in activities with other students as shown in the pictures of Conor engaged in school activities such as swimming, visiting apple orchards, running and so on:

Conor about to leave the diving board during a school swim period in Grade 9.

Conor loves the pool and with other students still loves to participate in the school swims.

Conor enjoying a school apple orchard adventure

Above Conor enjoying fun on the run at Leo Hayes High School

Some children have been sent home from NB schools for behavioural challenges after being given various time out options but without consideration being given to a different learning environment on a regular basis. Alternative learning environments to support disability based learning is stigmatized in NB as "segregation" with all the negative implications of the race based segregation that once existed in the United States. Learning in an appropriate learning environment outside the mainstream classroom for some with special needs is NOT akin to race based segregation. Rather it is an ACCOMMODATION of their diverse needs when required outside the regular classroom,

Conor's placement in a so called "segregated" location outside the mainstream classroom happened because of the clear evidence of harm Conor suffered by "inclusion" in a mainstream classroom. Not all cases are so clear but the evidence should be explored in appropriate cases. Students requiring instruction by different methods or in different locations than the mainstream classroom are not always so fortunate. Such accommodation does not equate with racial discrimination and it does NOT preclude participation in other activities with other students. The swim/dive, apple orchard and run activities are all examples of activities taking place at his neighborhood school with other students and he absolutely loves them. Look at his face and tell me, his father, that they don't.

Not all students have been so fortunate. It would be wise for the extreme inclusion advocates in this province to recognize that some, not all perhaps, but some could be accommodated and remain in school by accommodation in the manner my son has been accommodate because his parents were able to fight for that accommodation.

Failure to accommodate the environment based learning challenges of some students with special needs is not inclusion It is the exclusion of an evidence based approach that would further ensure that all students receive an education via the learning method, for some ABA based instruction as one example, necessary for them to learn and to learn in a safe, humane environment

Extreme inclusion for all in Gordon Porter's mainstream classroom vision is not inclusion at all. It is the exclusion of some students with diverse learning needs some of whom, and some of which, have to be accommodated outside the mainstream classroom.