Tuesday, June 04, 2013
Autism Advocacy :: School rejects panel report on autistic kid
Doctors must follow the the rules of observing the child for minimum 30 days as stipilated by Mumbai High Court in December 2012.
Maharashtra State Commission for Protection of Child Rights (MSCPCR) must act more proactively to protect the children of similar condition suffering from same situations from other schools as ultimately parents of such children suffering from undescribale trauma and tension due to child's education.
Appeal to all school authorities not to buckle under pressure from parents of normal kids as the true essence of democracy is to protect and be tolerant to the weakest section ( here psychologically and intellectually) of the society.
May read the article publishing in TOI & HT.
http://timesofindia.indiatimes.com/city/mumbai/School-rejects-panel-report-on-autistic-kid/articleshow/20434625.cms
http://paper.hindustantimes.com/epaper/viewer.aspx#
MUMBAI: Less than a month after an eight-year-old autistic student studying at Jamnabai Narsee School in Juhu was deemed fit to attend school with a shadow teacher, the school told the Maharashtra State Commission for Protection of Child Rights (MSCPCR) that it will not accept the report submitted by the panel of experts. The report submitted to the commission in May deemed the child fit to attend school with a shadow teacher. But the school contended that the child has not been monitored for 30 days as stipulated by the high court.
The commission called for the extension on Tuesday after the school authorities presented their objections against the previous order. "The high court order stated that the child has to be observed by a team of experts, but the team submitted a report after observing the child for exactly 11 days," said the lawyer representing Jamnabai Narsee School. He said the observation began just 11 days before the school was to shut for holidays. "Also, these were half working days as older students had exams. To make a decision on the basis of this report will be unfair," added the lawyer.
The student and his parents were not present at the hearing as they are abroad.
In July 2012, the boy's parents received a letter from the school, requesting them to transfer the child to another institute as his behaviour was disturbing other students. Armed with provisions under the Right to Education Act, the parents moved the MSCPCR in August 2012. The commission had directed a panel comprising child developmental experts, led by Dr Samir Dalwai, to review the boy in a classroom setting. The panel report, submitted to the commission in May first week, stated that the boy did "not show any signs of hurting himself or others" during the observation period, as alleged by the school.
The MSCPCR asked Dalwai to again form a team and finish the observation over the next four weeks. "The report has taken into consideration the boy's behaviour during school hours. The reason for the tantrums and attention issues was that he was attending school after a gap of almost one-and-a-half years," said Dalwai. He said added that he will put together a team soon and start the observation will start after the school reopens on June 6. "The report submitted to the commission after this period will be considered along with the previous report for the final order. We will try to announce the order at the next hearing in July," said A N Tripathi, secretary of the commission.
Maharashtra State Commission for Protection of Child Rights (MSCPCR) must act more proactively to protect the children of similar condition suffering from same situations from other schools as ultimately parents of such children suffering from undescribale trauma and tension due to child's education.
Appeal to all school authorities not to buckle under pressure from parents of normal kids as the true essence of democracy is to protect and be tolerant to the weakest section ( here psychologically and intellectually) of the society.
May read the article publishing in TOI & HT.
http://timesofindia.indiatimes.com/city/mumbai/School-rejects-panel-report-on-autistic-kid/articleshow/20434625.cms
http://paper.hindustantimes.com/epaper/viewer.aspx#
MUMBAI: Less than a month after an eight-year-old autistic student studying at Jamnabai Narsee School in Juhu was deemed fit to attend school with a shadow teacher, the school told the Maharashtra State Commission for Protection of Child Rights (MSCPCR) that it will not accept the report submitted by the panel of experts. The report submitted to the commission in May deemed the child fit to attend school with a shadow teacher. But the school contended that the child has not been monitored for 30 days as stipulated by the high court.
The commission called for the extension on Tuesday after the school authorities presented their objections against the previous order. "The high court order stated that the child has to be observed by a team of experts, but the team submitted a report after observing the child for exactly 11 days," said the lawyer representing Jamnabai Narsee School. He said the observation began just 11 days before the school was to shut for holidays. "Also, these were half working days as older students had exams. To make a decision on the basis of this report will be unfair," added the lawyer.
The student and his parents were not present at the hearing as they are abroad.
In July 2012, the boy's parents received a letter from the school, requesting them to transfer the child to another institute as his behaviour was disturbing other students. Armed with provisions under the Right to Education Act, the parents moved the MSCPCR in August 2012. The commission had directed a panel comprising child developmental experts, led by Dr Samir Dalwai, to review the boy in a classroom setting. The panel report, submitted to the commission in May first week, stated that the boy did "not show any signs of hurting himself or others" during the observation period, as alleged by the school.
The MSCPCR asked Dalwai to again form a team and finish the observation over the next four weeks. "The report has taken into consideration the boy's behaviour during school hours. The reason for the tantrums and attention issues was that he was attending school after a gap of almost one-and-a-half years," said Dalwai. He said added that he will put together a team soon and start the observation will start after the school reopens on June 6. "The report submitted to the commission after this period will be considered along with the previous report for the final order. We will try to announce the order at the next hearing in July," said A N Tripathi, secretary of the commission.
Labels: Advocacy, Autism, Autistic, Commission for Protection of Child Rights, Jamnabai Narsee School, Right to Education Act, tantrums and attention issues
Monday, August 14, 2006
Policy Suggestions for Amendments of PWD Act 2006
From : -
Forum For Autism
2nd floor, Block A, Jyeshtaram Baug,
Dr.Ambedkar Rd, Dadar, Mumbai 400014.
Email : forumforautism@hotmail.com
.........................
To
Shri Ashish Kumar,
Deputy Director General (Disability Division),
Ministry of Social Justice and Empowerment,
Room No.610, ‘A’ wing,
Shastri Bhawan, New Delhi – 110 001.
Telefax No.011-2338 3853
Email : kmashish@hub.nic.in
Subject : Inviting suggestions for amendment in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
Dear Shri Ashish Kumar ,
This bears reference to the invitation having reference number "F . NO. 16-18/2006-DD-III.dated 26th May 2006.
The undersigned is a parent of a child having autism spectrum disorder and a Member Trustee of
Forum For Autism ( FFA ) , Mumbai , India.
FFA is predominantly a Parents Support Group ( PSG ) working as NGO in the field of Autism and related
disorder. FFA is registered as charitable trust under Indian Trust Act 1950.
The following are the observations and proposed amendments of our Board of Trustees , FFA , Mumbai.
Section 2(i) " disability " means .............. and includes -
- MAY PLEASE ADD THE CATEGORY " ( viii ) AUTISM SPECTRUM DISORDER " AFTER
( vii ) MENTAL ILLNESS.
Section 2(s) - new section may be incorporated as under :
- " AUTISM SPECTRUM DISORDER " MEANS A CONDITION OF NEURO-BIOLOGICAL DISORDER
OR UNEQUAL DEVELOPMENT OF MIND AND SKILLS , WHICH ESSENTIALLY CHARACTERISED
BY MANIFESTATION OF REPETITIVE BEHAVIOUR , WHICH AFFECTS TO THE OVERALL
LEVEL OF INTELLIGENCE , I.E. COGNITIVE , MOTOR , LANGUAGE AND SOCIO-COMMUNICATIONAL
ABILITIES"
Section 26A - Reservation in admission - proposed amendments are as under :
- All Government educational institutions , other educational institutions receiving aid from the government
and Non-Government educational institutions following the state government board , ICSE , CBSE and
similar boards of education , shall reserve not less than four percent seats for admission for persons with
disabilities out of which preferably but not essentially one percent for persons with Mental Retardation ,
Mental Illness and Autism Spectrum Disorder.
Section 27 - Comprehensive and Inclusive Educational Scheme - Proposed addition as under :
- Such comprehensive and inclusive educational schemes must be monitored by local level committee ( LLC )
as defined in the National Trust Act , 1999. State level Disability commissioner must provide regular reports
for such schemes and measure the effectiveness of such scheme of inclusive education of disabled students.
Section 31A - Proposed Addition as under :
- Proper educational module should be developed and disseminated by all concerned institutions to educate
the people in general about discrimination and its ill effect in society.
Section 34 - Special Employment Exchange - An additional point may be added as under :
- The Special Employment Exchange and Vocational Rehabilitation Centre must act in conjunction with
Educational Institutions , NIOS and so on to facilitate and coordination of filling vacancies in the
government and corporate sectors.
Section 43 - May include the following :
- Establishment of residential Home / Community Centre for persons and their care givers families affected by Autism Spectrum Disorder and / or Multiple Disorder.
Section 48 - May include the following :
- Encouragement of research ( including genetic research ) by NGOs , NPOs and Health Institutions to discover
the reason of Autism , Cerebral Palsy , Mental Disorder and Multiple Disabilities.
Section 61 - May be added additional responsibility of Commissioners of PWD , as under :
- " ca ) Coordinate with various agencies / NGOs / NPOs to collect information ( from but not limited to State
level Human Rights Commission regarding cases related to disability ) about the hurdles faced by
parents/caregivers of the persons with disabilities to provide the required Inclusive Education / Special
Education and providing possible solutions."
- " e) Submit reports to Chief Commissioner about the strict implementation of Acts and its all benefits to the
Persons with Disability and Parents/Caregiver having disabled dependent.
Section 67 - May include the following :
- Insurance scheme for parents and caregivers of disabled dependent and more tax incentives with simplified
norms may be considered.
While the above mentioned list of proposed recommended amendments / additions are not exhaustive , we must thank you for your invitation
to suggest such amendments vide your notification dated 26th May 2006. As i understand the last date of submission of the suggestions is
31st July 2006 and we trust the above meet the stipulated deadline.
At this outset, i must thank you for your endeavours in the last so many years to strengthen and empower the disabled people in our
country, however it may be noted that the education and particularly "Inclusive Education" should be the main trust area for the empowerment
of the persons with disability and also to the parents / caregivers of the disabled persons. The psychological pressure on the disabled can be
possibly reduced if and only if all of us can understand the concept of Inclusive Education and Inclusive Society.With the initiatives and
endeavours of like minded people of our country under the guidance of your Ministry , we are sure that days are not very far , when we can
expect a Separate Act like "Autism Combat Act , 2005" and "Individuals with Disabilities Education Act ( IDEA ) and similar such legislation
which had been endorsed in the developed countries like USA.
Thanking you ,
Sincerely yours ,
-sd/-
Amit Bardhan
Member Trustee ,
Forum For Autism , Mumbai.
Date : 26th July 2006
Mumbai , India.
..............................................
Forum For Autism
2nd floor, Block A, Jyeshtaram Baug,
Dr.Ambedkar Rd, Dadar, Mumbai 400014.
Email : forumforautism@hotmail.com
.........................
To
Shri Ashish Kumar,
Deputy Director General (Disability Division),
Ministry of Social Justice and Empowerment,
Room No.610, ‘A’ wing,
Shastri Bhawan, New Delhi – 110 001.
Telefax No.011-2338 3853
Email : kmashish@hub.nic.in
Subject : Inviting suggestions for amendment in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
Dear Shri Ashish Kumar ,
This bears reference to the invitation having reference number "F . NO. 16-18/2006-DD-III.dated 26th May 2006.
The undersigned is a parent of a child having autism spectrum disorder and a Member Trustee of
Forum For Autism ( FFA ) , Mumbai , India.
FFA is predominantly a Parents Support Group ( PSG ) working as NGO in the field of Autism and related
disorder. FFA is registered as charitable trust under Indian Trust Act 1950.
The following are the observations and proposed amendments of our Board of Trustees , FFA , Mumbai.
Section 2(i) " disability " means .............. and includes -
- MAY PLEASE ADD THE CATEGORY " ( viii ) AUTISM SPECTRUM DISORDER " AFTER
( vii ) MENTAL ILLNESS.
Section 2(s) - new section may be incorporated as under :
- " AUTISM SPECTRUM DISORDER " MEANS A CONDITION OF NEURO-BIOLOGICAL DISORDER
OR UNEQUAL DEVELOPMENT OF MIND AND SKILLS , WHICH ESSENTIALLY CHARACTERISED
BY MANIFESTATION OF REPETITIVE BEHAVIOUR , WHICH AFFECTS TO THE OVERALL
LEVEL OF INTELLIGENCE , I.E. COGNITIVE , MOTOR , LANGUAGE AND SOCIO-COMMUNICATIONAL
ABILITIES"
Section 26A - Reservation in admission - proposed amendments are as under :
- All Government educational institutions , other educational institutions receiving aid from the government
and Non-Government educational institutions following the state government board , ICSE , CBSE and
similar boards of education , shall reserve not less than four percent seats for admission for persons with
disabilities out of which preferably but not essentially one percent for persons with Mental Retardation ,
Mental Illness and Autism Spectrum Disorder.
Section 27 - Comprehensive and Inclusive Educational Scheme - Proposed addition as under :
- Such comprehensive and inclusive educational schemes must be monitored by local level committee ( LLC )
as defined in the National Trust Act , 1999. State level Disability commissioner must provide regular reports
for such schemes and measure the effectiveness of such scheme of inclusive education of disabled students.
Section 31A - Proposed Addition as under :
- Proper educational module should be developed and disseminated by all concerned institutions to educate
the people in general about discrimination and its ill effect in society.
Section 34 - Special Employment Exchange - An additional point may be added as under :
- The Special Employment Exchange and Vocational Rehabilitation Centre must act in conjunction with
Educational Institutions , NIOS and so on to facilitate and coordination of filling vacancies in the
government and corporate sectors.
Section 43 - May include the following :
- Establishment of residential Home / Community Centre for persons and their care givers families affected by Autism Spectrum Disorder and / or Multiple Disorder.
Section 48 - May include the following :
- Encouragement of research ( including genetic research ) by NGOs , NPOs and Health Institutions to discover
the reason of Autism , Cerebral Palsy , Mental Disorder and Multiple Disabilities.
Section 61 - May be added additional responsibility of Commissioners of PWD , as under :
- " ca ) Coordinate with various agencies / NGOs / NPOs to collect information ( from but not limited to State
level Human Rights Commission regarding cases related to disability ) about the hurdles faced by
parents/caregivers of the persons with disabilities to provide the required Inclusive Education / Special
Education and providing possible solutions."
- " e) Submit reports to Chief Commissioner about the strict implementation of Acts and its all benefits to the
Persons with Disability and Parents/Caregiver having disabled dependent.
Section 67 - May include the following :
- Insurance scheme for parents and caregivers of disabled dependent and more tax incentives with simplified
norms may be considered.
While the above mentioned list of proposed recommended amendments / additions are not exhaustive , we must thank you for your invitation
to suggest such amendments vide your notification dated 26th May 2006. As i understand the last date of submission of the suggestions is
31st July 2006 and we trust the above meet the stipulated deadline.
At this outset, i must thank you for your endeavours in the last so many years to strengthen and empower the disabled people in our
country, however it may be noted that the education and particularly "Inclusive Education" should be the main trust area for the empowerment
of the persons with disability and also to the parents / caregivers of the disabled persons. The psychological pressure on the disabled can be
possibly reduced if and only if all of us can understand the concept of Inclusive Education and Inclusive Society.With the initiatives and
endeavours of like minded people of our country under the guidance of your Ministry , we are sure that days are not very far , when we can
expect a Separate Act like "Autism Combat Act , 2005" and "Individuals with Disabilities Education Act ( IDEA ) and similar such legislation
which had been endorsed in the developed countries like USA.
Thanking you ,
Sincerely yours ,
-sd/-
Amit Bardhan
Member Trustee ,
Forum For Autism , Mumbai.
Date : 26th July 2006
Mumbai , India.
..............................................
