A History of Ontario's IBI Program

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A History of Ontario's IBI Program A History of Ontario’s IBI Program 1 A History of Ontario’s IBI program Authors: Sharon Gabison and Laura Kirby-McIntosh Year Community Activity Legal Activity Government Initiatives Number of kids on IBI wait list / (Parents, Providers, Media) number of children serviced 1998 New Haven Learning Centre founded as a N/A charitable, non-profit organization committed to being a Centre of Excellence in the treatment and education of children with autism. 1999 Beecroft Learning Centre, a non-profit Centre Deskin case filed by a single plaintiff. This Introduction of Intensive Behavioural N/A founded by parents of children with autism case will eventually merge with the Wynberg Intervention (IBI) to children with running home-based ABA treatment programs. case and involves a constitutional challenge autism between the ages of 2-5 years Families pooled resources and expertise. to the practice of cutting children off from IBI by Ontario Ministry of Community at age six. and Social Services. IBI & public education at this point are mutually exclusive. 2000 Auton et al. v. the Attorney General of British N/A Columbia” case launched, claimed gov’t discriminated against the infant petitioners contrary to s. 15(1) of the Charter of Rights and Freedoms “by failing to accommodate their disadvantaged position by providing effective treatment for autism.” Landmark decision. Won at Superior and Appellate court, lost at Supreme Court of Canada Wynberg case filed, eventually including 28 families. Ministries of Health, Education, and Social Services held accountable. Families challenged age cut-off in the IEIP. A History of Ontario’s IBI Program 2 A History of Ontario’s IBI Program 3 2001 Shining Through Centre for Children with N/A Autism established as a not-for-profit charitable organization to provide an intensive, comprehensive educational program based on the scientifically validated principles of ABA. 2002 Parents of children with autism attend January 2002: first Ontario Human Rights November 2002: Ontario Government 900 Children Question Period at Queen’s Park, first major Complaint (Burrows) to the Ontario Human (under Ernie Eves) makes major on waiting group Rights Commission (OHRC) for investment for Children with Autism- list for June 2002: Autism activist Nancy Morrison discriminatory age 6-cut off from autism -an additional $58.6 million for services develops email group to help disseminate services services for children with autism information regarding advocacy efforts 2003 Press conference held by NDP Shelley Martel The Deskin action and Wynberg action began September 2003: Letter from Dalton 1,100 on the regarding submission to the Ontario Human separately. With the consent of counsel, the McGuinty to Nancy Morrison noting waitlist Rights Commission trial was consolidated; evidence led in one that age 6 cutoff is discriminatory and 500 Children action applied to the other. The trial, which noting that the Ontario Liberals receiving lasted approximately 130 days began on April support extending services to children funded IBI 28, 2003. with autism over the age of 6 years. January 2003: Over 50 Human Rights Complaints submitted to Ontario Human Rights Commission (Arzem et al), for discrimination of their children with autism based on disability, not age. By the end of the year, over 145 complaints submitted to OHRC. 2004 Andrew Kavchak, father of son with autism, On the Wynberg and Deskin actions, there March 2004: Government announces 1027 plants himself at Parliament Hill every day on were three interruptions each lasting several plans to spend at least an extra $120 Children his lunch, to protest lack of services for his weeks. The trial ended on September 3, 2004 million on autism treatment during waiting for son. Daily protest continues for months, until with the submissions of counsel. the next three years, however, age six IBI services November 2004. The Fleischmann v. Toronto District School cut-off remains. Once children turn Board case succeeds in making a case for the six they are still cut off government use of ABA in a classroom setting. support. 5 families representing 6 children with autism School Support Program (SSP) file class action lawsuit against Ministry of established. More than 185 Autism Education, Ministry of Children and Youth Spectrum Disorders (ASD) Services, and seven school boards in Ontario consultants hired to help teachers and for failing to provide or fund ABA/IBI in the educators better understand how education system or without excessive and children and youth with autism learn. detrimental delays. (Sagharian et al). Motion From 2004-05 to 2007-08, provincial to strike left case with possible section 15 funding for IBI increased by 24.5 per claim against both the government and the cent per year, on average. school boards. Plaintiffs consider their next steps. A History of Ontario’s IBI Program 4 2005 Ontario Autism Coalition founded. Grows into April 2005: Justice Kiteley rules in Ontario Graduate Certificate in 753 children an Ontario-wide organization with over 1,200 Wynberg/Deskin that IEIP age cut-off Autism and Behavioural Science on the members. First rally held in Orillia...rallies violates the Charter equality guarantee under formed. Initially, six community waiting list continue for 1.5 years on an almost monthly section 15(1) colleges across Ontario deliver this basis, visiting over 12 different cities. course. That number has since grown May 2005: First Canadian inaugural walk for Arzem v. Ontario (Community and Social substantially. autism held in Toronto. $325 000 raised for Services) case is launched, a Ontario Human research, over 2500 participants. Rights Tribunal case challenging the In his 2005 report, Between a Rock and a Hard exclusion of persons under 18 from the Place, the Ombudsman found that as many as protections of the Ontario Human Rights 150 families had been forced to surrender their Code. parental rights to children’s aid societies (CASs) in order to get residential care for their severely disabled children. 2006 Autism Speaks is Since then, walks have been The Wynberg case is over-turned by the August 2006: EIP renamed the held on a yearly basis by Autism Speaks. Ontario Court of Appeal by Justice Gouge. Autism Intervention Program "AIP" and Program Guidelines Established Ontario Autism Coalition holds first province Families sought and were denied leave to October 2006: Ministry of Children wide candle-light vigil appeal at Supreme Court of Canada. and Youth Services establishes Expert Clinical Panel (ECP) for the Autism Ontario Autism Coalition begins meetings Intervention Program, described as an with individual MPP’s and ministers from all independent, arms-length panel asked three political parties. to develop a set of clinical practice guidelines to enable consistent clinical decision making in delivery of Intensive Behavioural Intervention (IBI) services. ECP chaired by Dr. Peter Szatmari A comparison of each province’s Autism Services is published by the federal government. In spite of their “victory” in the Wynberg case, Ontario government bows to public pressure and Minister Chambers announces an end the practice of stopping IBI at age 6. Autism Spectrum Disorders Reference Group is established “to provide recommendations about educational practices to meet the strengths and needs of students with autism” A History of Ontario’s IBI Program 5 2007 June 2007: Three party political debate on The Supreme Court of Canada denies leave to May 2007: PPM 140 introduced: Autism policies in Ontario hosted by The appeal on the Wynberg case. School boards must offer students 1055 children Alliance for Families with Autism (AFA). with ASD special education programs on waiting Liberal government takes NDP critic Shelley and services, including, where list September 2007: AFA holds Autism Vigils Martel to court in order to prevent her from appropriate, special education across Ontario finding out how much money has been spent programs using ABA 1100 children fighting families with autism in court. methods. School board staff must receiving IBI Brock University accredited by BACB to plan for the transition between certify graduates in ABA therapy various activities and settings involving students with ASD. August 2007: Ontario Autism Coalition stages successful protest at an event hosted by then Government commits to more than Attorney General Michael Bryant. $12 cash injection for children and youth with autism, an increase of 15% September 2007: Ontario Autism Coalition (OAC) hosts a successful Day of Action across Ontario. Turnout of over 200 Fall 2007: Liberal Party includes in participants including family members, its party platform document the caregivers, educators, MPP candidates and following promise: “Helping more supporters of children with Autism. Events students with autism by providing $10 held across Ottawa, the Greater Toronto Area, million to prepare schools to deliver Windsor, Essex and Sarnia. IBI therapy on-site for the first time” CASDA (Canadian Autism Spectrum Minisry of Education creates Disorders Alliance) is formed. Their goal to document “Effective Educational achieve a national Autism strategy. Practises for Students with Autism Spectrum Disorders.” Ontario Autism Coalition has several meetings with Minister Mary Anne Chambers. Canadian Senate issues landmark report, “Pay Now or Pay Later” Nancy Morrison runs as an NDP candidate in the 2007 election. Expert Clinical Panel (ECP) for the Autism Intervention Program releases its first
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