Lisa Brady, M.Ed. | GrokWatch News Desk
Dear Swift Schools,
I am writing with regard to the video you have posted on youtube with regard to ‘Axel.’ You will note below, a copy of a complaint that I have filed with the Office of Civil Rights.
The clip that you used on your website, which, is located at the link below and, 2 minutes and 14 seconds in length, does not show the entire ‘Axel’ film. I have filed a complaint alleging Fraud with regard to administrators at Somersworth (SAU 56), Jeni Mosca & Pam MacDonald and University of New Hampshire Institute on Disability Staff, Dan Habib & Michael McSheehan.
Within the film they used Facilitated Communication and did not reveal this to their audience.
They did not tell the public that they were using Facilitated communication but, they basically trained Axel to give them his hand so that they could write for him. Additionally, the portion of Dan Habib’s film that you chose to utilize was something that had been practiced and not done spontaneously as the film would lead one to believe.
The paraprofessional working with Axel, Jessica Sullivan, informed me that she had been given the questions, that they were going to ask Axel, ahead of time and practiced with hims so that he would know where to place them, on the Venn diagram, during the filming.
The film is a complete misrepresentation of Axel’s abilities and, my advocacy, through e-mails informing the public have resulted in my termination as a special education teacher in Somersworth.
The Swift School, in promoting this film, may not be aware of the fraud that has occurred and you should be aware that this film is criminal. They exploited Axel for their own personal gain, manipulated the staff that worked with Axel at Idlehurst, and terminated me.
Please stop exploiting Axel by allowing this film to circulate.
I have included a copy of this e-mail to professionals in the area of speech, educational, behavioral, psychological, legal, and the press. I have also included the Office of Civil Rights Attorney’s assigned to this case as follows: Linda.Floyd@ed.gov, Ramzi.Ajami@ed.gov, and Anthony.Cruthird@ed.gov.
Sincerely,
Lisa Brady, M.Ed.
Autism Specialist
Axel clip Swift Center link: 2:14
https://www.youtube.com/watch?v=FyOK-q_gGGE&list=PLmoAsQVh3MJqPeEhJxFdoU2yz5WdQ6gol&index=1
Full Version Axel video link on youtube: https://www.youtube.com/watch?v=hsES61i8i-Q
http://www.swiftschools.org/swifttalk/article/43/swift-in-60-films-now-available
Office of Civil Rights Complaint
Inclusion Fraud
Defendants:
· Somersworth Superintendent, Jeni Mosca
· Somersworth Special Education Director, Pam MacDonald
· UNH Institute on Disability, Film Producer, Dan Habib
· UNH Institute on Disability, Michael McSheehan, Ph.D.
Complainant: Lisa Brady, M.Ed., Autism Specialist (retaliated against & terminated in January 2015 after sending e-mails to the press and informing the public about the allegations within this complaint)
RE: ‘Axel’ mini film, UNH Institute on Disability, Part of the Who Cares About Kelsey? Education DVD Kit for K-12 Schools and Non-Profit Organizations
Federal Grant that helped sponsor the film: US Department of Education (PR/Award #: H373X100002), Project Officer, Susan.Weigert@Ed.gov. (See link reference: http://www.ncscpartners.org/multimedia)
Violations
1. Using federal and NH State grant money, ‘Axel,’ featured in a mini film in the Who Cares About Kelsey? Education DVD Kit for K-12 Schools and Non-Profit Organizations, Administrators at SAU56 knowingly allowed Axel to be falsely portrayed within the video as ‘on grade level,’ and ‘college bound,’ when his true abilities were articulated at the beginning of the film, as being on a pre-school level. Somersworth administrators and UNH IOD staff knew approximately a year and half before the final release of the ‘Axel’ mini-film and did nothing to correct the record.
2. Dan Habib, Michael McSheehan, Jeni Mosca and Pam MacDonald violated Axel’s IEP when they used Facilitated Communication (FC) within the film and did not admit to viewers that it was the sole criteria used to formulate the basis for their false assertions within the film. They also failed to use scientific research based evidence as required under IDEA. The American Speech Language and Hearing Association (ASHA) has issued the following position statements with regard to Facilitated Communication:
· “Speech-language pathologists should inform prospective clients and their families or guardians that currently the scientific validity and reliability of facilitated communication have not been established.” See Scientific based mandates at . “Scientifically based research.” Scientifically based research has the meaning given the term in section 9101(37) of the ESEA.[34 CFR 300.35] [20 U.S.C. 1411(e(2)(C)(xi)] [sec. 9101(37) of the ESEA]
· “Peer-reviewed studies and clinical assessments find no conclusive evidence that facilitated messages can be reliably attributed to people with disabilities. Rather, most messages originate with the facilitator.” (see: http://www.asha.org/policy/PS1995-00089.htm)
Education Grant Fraud Defined by the U.S. Department of Education
“The U.S. Department of Education Office of Inspector General (OIG).
What is fraud in the context of education grants? In a nutshell, fraud occurs when education grants are not applied for, received, or spent for their intended purposes, generally through theft, misappropriation, or false statements. Fraud can occur in applying for a grant, such as if false information is provided on the grant application. Fraud can also occur during performance of a grant, such as through false assertions on a performance report, theft or misappropriation of grant funds, or certain types of lack of performance under the grant. Fraud also happens when grantees try to cover up underlying problems by creating false documents, by destroying documents, or by not being truthful with investigators or others. It’s important to recognize that there can be fraud even if no money has been received, such as when false information is provided in a grant application, and that type of fraud should also be reported, investigated, and prosecuted.” (http://www2.ed.gov/about/offices/list/oig/hotline.html)
3. Dan Habib, Michael McSheehan, Jeni Mosca and Pam MacDonald knowingly used a communication method that lacked scientific support and violated Axel’s IEP. Additionally, they did not disclose within the film that they were using FC (covered up underlying problems by not being truthful with others). They knowingly and recklessly made false assertions within the filming of “Axel.”
4. Invasion of Privacy: Everyday that the UNH Institute on Disability sells the Who cares about Kelsey Teaching kit, which includes the Axel mini-film, they are knowingly violating his “right to privacy.” Additionally, every time the UNH Institute on Disability travels to speaking engagements and references the Axel’ video as genuine, they are committing fraud.
I have been terminated from my position with the Somersworth School District based on my advocacy for Axel and informing the public within e-mails about the fraud. It is my hope that the Office of Civil Rights will ensure that the defendants are brought to justice.
Submitted Respectfully,
Lisa Brady, M.Ed.
8 Constable Road
Durham, NH 03824
603-292-5052
Editors Note: We removed the reference to an attachment with pictures showing facilitated communication (not included in this post but available upon request to GrokWatch@granitegrok.com). The original content was also reformatted but remains otherwise as originally provided to GraniteGrok.com.
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