Legal Resources

Questions of Inclusion and Facilitated Communication

Does a student with a disability have a right to learn to use facilitated communication in public school?
If a student is using facilitated communication, does he or she have the right to attend regular classes with nondisabled peers?
Related to these questions, can a school district terminate the use of facilitated communication by a child who have been using it?

These are questions frequently asked by callers and correspondents to the Facilitated Communication Institute, and they were matters recently addressed by Frank Laski, President of TASH at a training conference sponsored by the Institute on April 7 and 8 in Syracuse (Biklen, Students' Rights to Inclusion and Facilitated Communication, 1995).

The Right to Use Facilitated Communication

The latest research evidence on FC and the achievements of individuals using FC require us to ensure its future availability. It is not a miracle and it certainly will not work for everyone, but those who might benefit from it deserve the right to learn to use it, to type out their words, to be heard, to prove their communication competence and to be recognized for their accomplishments (Biklen, Why Parents and Children with Disabilities Should have the Right to use Facilitated Communication, 1995).

Kansas Supreme Court Upholds Conviction in FC Abuse Case by Mayer Shevin

On March 10, 1995, the Supreme Court of Kansas upheld the conviction of Marc Warden, who was found guilty in March, 1993 of sexually molesting a 12-year-old boy residing at the Institute of Logopedics (IOL) in Wichita. The child ("JK") had made the initial report of abuse through facilitated communication, and had used facilitated communication to testify in court. read more...

Update: Court Rulings on Individuals Using Facilitation to Testify by Missy Morton

In the Frye hearings described, the judges had ruled that facilitated communication was not admissible because "it was not generally accepted within the scientific community as a valid and reliable technique." In three recent decisions, two in New York and one in Kansas, the judges ruled that testimony through facilitated communication was admissible. read more...

Court Decisions on use of Facilitated Communication by Missy Morton

Two family court judges in New York state recently made rulings in what are known as Frye hearings. At issue in each hearing was whether or not any person's statement, if made using facilitated communication, should be admissible in court. read more...

Interpretation of Federal Regulations: Support for FC

Not only are assistive technologies and assistive technology services defined in the Regulations for the Department of Special Education, but the regulations also ensure schools provide such technologies and services for children with disabilities. read more...