Update on Ethan
7/19/2004
Hi Family and Friends,
I wanted to update you on Ethan's progress
and more specifically about the status of his law suit.
Ethan
Ethan
has been progressing at a faster pace over the past quarter than he had in
previous quarters. Ethan's service provider, LIFE, made a change to Ethan's
program a few months ago and he is responding to it much better. The main
difference is that they started a receptive labeling/language program. The
initial method in this program is that the tutor will put 4 written words on
a board and one picture of an object like a ball. The tutor will then say,
"get ball" while tapping the picture of the ball. He then picks up the
label card with the word 'ball' on it. He also does the same in reverse
(show the word and he finds the picture) and also a version where the tutor
only says a word and he finds the written version without a picture. He now
has a receptive labeling vocabulary of 70 words where he can pick out the
written word without a mistake. This is a very exciting advance to me and
Caren because it shows he is very likely least of average intelligence. He
is basically reading 70 words at age 3.
Case Summary
The case is almost complete after 10 days
of trial. We feel our chances are not good to win but there is still a
chance. Weather we win or lose we'll be happy to have it behind us.
Case Details
We had our 10th day of trail last Friday
and it lasted from 9am to 7:30 pm in the case of Ethan vs. Rocklin School
District and Placer County. The trial will resume tomorrow and this will
hopefully be the last session. We're very anxious to hear the ruling the
Hearing Officer (Judge) will submit in a few weeks. To us, this means the
difference between Ethan having a decent shot at recovery and him having a
poor shot. The trial was very difficult for many reasons, but one of the
hardest aspects to digest was the disregard for our son's needs. A couple
of the SD witnesses blatantly lied on stand about issues in which Caren had
personal direct knowledge to the contrary. A one of the expert witnesses
for the SD made remarks about doing cost analysis to make the decision as to
how to treat Ethan. Of the 15 or so expert witnesses and school officials
that gave testimony against Ethan or against his current program, only 2 had
ever even met and observed him. And those were for less than 30 minutes
each. It has been made clear from October when this began that the SD did
not feel it important to fit a therapy plan to his needs but rather to use
the least expensive treatment that meets the state minimum standards. The
Lanterman Act (which is the act that provides state funding to school
districts that is supposed to be used to educate and treat handicap
children) states clearly that each child is supposed to have a therapy
program tailored to that child's specific needs. Caren and I are more than
a little frustrated and disgusted. We are not suing to get exceptional
services, but just adequate treatment. I'll digress. :) However, we know
that the outcome will reflect God's will. And we also know that God's will
may be that Ethan never recover. But we pray that God will recover our son
through any method.
So we'd appreciate a little more prayer
over the next few weeks. Please ask God to help the Hearing Officer to make
a ruling according to God's will. Pray that Caren will calm down after the
4 weeks of spread out trial in which she sat through questions ranging
from Ethan's intellect to Caren's honesty. And pray that Ethan's brain will
recover from the damages done in development that caused his Autism.
Regards,
Rob
p.s. I'm not sure I explained the law suit
in any previous correspondence. Here's a summary: The state directly
provides services (therapies) for handicap children age 0-3. At age three
the state hands about 50% of this responsibility over to the local school
district (SD) while providing funding to the SD for the programs. Most SDs
continue the program the child was using as long as it was within financial
reason. A few SDs like Rocklin have recently begun to instead create their
own in-house program that costs less. So they offer this program (called
STEPS in our SD) and will not pay for any other. The problem is that their
in-home program has no real training (non of the instructors or managers
have degrees or training in the specific subject, i.e. ABA), does not follow
successful therapy methods, is in a group setting (almost no individual
therapy) and doesn't include vital programs like real speech therapy. Caren
visited the program twice and said it is basically daycare where she
witnessed children getting no training at all. These episodes were not
atypical as almost all parents with children in these programs observe the
same. So our law suit is to try to force the SD to provide adequate
services for Ethan, contending that STEPS is not adequate.