South Carolina Child Advocacy Lawyer & Attorney : R. Michael Ethridge : Carlock Copeland Semler & Stair : Serving Columbia, Charleston, Greenville

Last week, Diette Courrege, in a article in the the Post & Courier, reported that the Charleston County School District recently measured the progress of the children in the district's 4 year old pre-kindergarten program.  The results were amazing.  At the beginning of the year, the children were 38% below the national average (or in the bottom 22 percentile).  After completing the district's pre-K program these same children scored in the 82nd percentile (or in the top 25% in the nation).  Stunning.

Stunning, maybe, but not surprising.  Ms. Courrege points out that the effectiveness of child readiness programs is undeniable and well documented.  If we know something works this well, why is it that this kind of program is available to less than half of the children in Charleston County?  (Ms. Courrege points out that Charleston County could double the number of Pre-K 4 year old programs and still only accommodate 80% of the county's 4 year olds.  And this says nothing about the services needed for 2 and 3 year olds.  She also quotes school district officials who point out that given current budget restraints, the only way to fund additional school readiness programs is to take money away from programs for older students.)

Why do we struggle so to find the money to pay for programs which are so undeniably effective? 

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Last week an anti-gang summit was held in Columbia.  This was the 2nd in as many months.  Communities in our state, like those across the country, are growing increasingly concerned about gang violence and the number of youth who are becoming involved in gang activity.  The concern is legitimate.  There is a lot to be afraid of, and it seems we really don't know what to do.

The fear and confusion are, to politicians, what blood is to sharks.  To build campaign coffers and raise political ratings, there is a lot of rhetoric about "get tough" legislation...legislation that will ensure those who participate in gangs are punished swiftly and severely, and put away quickly.  These same politicians reduce the complex issues involving youth and the poor to soundbites and quick fix solutions.  "It's not about rich or poor, but about right and wrong." So as we prepare for a new legislative season, we can be assured that there will be an ample supply of this "get tough" legislation on the table in Columbia.  As the issues become more complicated and the problems remain unsolved, then the repressive responses are the easiest: more laws, more police, more prisons.

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On December 31, 2006 South Carolina will loose $1.4 million in federal Medicaid funding used to teach autistic children.  The loss of Medicaid funding will mean that school districts will have to find other ways of paying for expensive Applied Behavioral Analysis (ABA) therapy. 

ABA therapy is a research based therapy that has proved to be very effective in treating children with autism.  The earlier the intervention the better the results.  Studies have shown that half of the children who receive ABA therapy to treat an Autism Spectrum Disorder become socially and academically indistinguishable form their peers, and all children receiving ABA therapy make some progress.

While critical to an autistic child's education, this therapy doesn't come cheap.  Up to now school districts have relied on Medicaid funding to help pay for these services.  With the evaporation of that funding there are some huge questions as to how schools will find the money to provide these children with what they need. 

And if the school districts don't find the money, what then?  Will the parents of autistic children find that they are being asked to sign new IEPs at the end of the school year---IEPs that don't include ABA therapy?

For more read the letter from Cheryl Bauerle.

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It is no secret that children with special needs are much more likely to be arrested for school behavior problems.  Some studies suggest that as many as 75% of the children in detention centers throughout South Carolina are special needs children.

Unfortunately, this is nothing new.  For decades schools who have been unable to deal with children with disabilities have found ways to send those children to court.  South Carolina's Disturbing Schools statute makes it particularly easy.  Underfunded and under-staffed, schools in this state conveniently discover opportunities to have disabled children arrested or referred to the juvenile justice system and family court. 

Ironically, family court can prove to be a vehicle through which much needed services can be provided to the child at the school district's expense.  The following article by Peter Wright explains how.

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