Special education and disability-related areas of civil rights law are complex systems of law and science that require an understanding of how an individual person is impacted by their unique disabilities within the unique contexts of their unique individual lives. The whole person has to be taken into account in order to determine the degree to which their disabilities impact their Activities of Daily Living (ADLs), which includes learning, employment, and community access. In special education, the presence of disability alone does not automatically make a student eligible for special education, though it still makes them protected under Section 504 of the Rehabilitation Act (504) and the Americans with Disabilities Act (ADA). In special education, having a disability satisfies only one prong of a two-pronged line of inquiry that requires, upon evidence of a disability, further evidence that the disability interferes with the student’s access to education in some kind of meaningful way that requires specialized instruction of some form. In some states, such as California, if a student demonstrates a speech and/or language impairment such that they satisfy the Speech-Language Impaired (SLI) eligibility category pursuant to the regulations, and require speech-language services but not Specialized Academic Instruction (SAI), the speech-language services can be considered SAI for the purposes of finding the student eligible for special education. This is because public school instruction is so heavily weighted on language that having intact language skills is necessary for accessing the instruction. That said, many students, particularly those found eligible under the Autism (AUT) criteria, experience significant impairments in pragmatic language that many not interfere with their academics in most cases, but greatly interfere with their ability to interact in socially appropriate ways with others. This can impact their peer interactions during unstructured times like lunch and recess or passing periods, participation in group learning activities in the classroom, safe behavior during school drills or actual emergencies, etc. Addressing these kinds of challenges through special education can be just as educationally necessary as addressing the academic needs of a child with an intellectual disability, profound medical condition, or learning disability. Figuring out who needs what, if anything, in special education requires an expert level of assessment and data analyses. Furthermore, special education is a regulated process. Local education agencies have to abide by the rules attached to the federal special education dollars in order for their states to receive said dollars. Compliance with 504 is non-optional for any entity receiving federal dollars of any kind, such as public schools, and compliance with the ADA is mandatory, period. Federal special education law mandates the application of the peer-reviewed research to the design and delivery of special education, to the degree doing so is practicable. This means that approaches that have already been proven to work, that is, evidence-based practices, must be used when addressing the individual needs of each special education student pursuant to the applicable regulations. In theory, logic should prevail under the circumstances. However, as the whole world is now seeing first-hand, the government in America has always been infiltrated by anti-democratic thinkers and morons who have no idea what they are doing. Sometimes these people are one in the same. Not to say, “I told you so,” but back when people kept comparing me to Don Quixote when I’d make a stink about special education violations as a matter of a departure from the rule of law by local government agencies, I kept telling people that special education was the “canary in the coal mine” for democracy in this country. The measure of how civilized a society is goes to how well it takes care of its most vulnerable members. If the civil rights of children with disabilities means nothing, no one’s rights mean anything. If one of us is denied liberty, all of us are denied liberty. There cannot be any class of humans who are excluded from human rights in a civilized society, but there are many mentally ill people currently in power who regard other people with disabilities as “useless eaters.” The irony that this is the mentally ill calling other people with disabilities unworthy of life doesn’t escape me. Only broken minds do the kinds of things we’re seeing happen within American government at the federal level, right now. This is what I was up against for the first 25 years of my career at the local and State level. It’s now finally escalated up the food chain to the national level such that it’s now finally affecting everyone and not just marginalized populations. Police are now putting up barricades and blocking off streets so that white people can safely peacefully protest, instead of beating and arresting them like they have when black and brown people have peacefully protested in the streets. White people aren’t being disappeared to El Salvador, yet, but the writing is on the wall if the American public doesn’t unite against what is happening, right now. It’s a lot to process, but for those of us who have been fighting this affront to democracy through official channels for decades, the narcissistic abuses of power by government officials are all too familiar to us. Interestingly, at the local level, the energy has shifted in the last 15 to 20 years as more old, crooked cronies retire or move on and more and more young people fresh out of graduate school come in to inherit the messes left behind by the crooked old cronies they replaced. These science-minded, pro-democracy young public servants are inadequately trained on how to apply the science in the field and the regulatory process that describes how they are supposed to do it. None of the systems they have inherited lend themselves to complying with the law; they’re broken and fraught with decades of mismanagement. I’m finding as I go to IEP meetings that I am a welcome member of the team because I’ve been around long enough to know the applicable science and law, and I’ve been trying to prevent the harm done by the old cronies since 1991. At this stage in my career, I’m spending more time helping IEP teams create legally compliant IEPs that deliver meaningful educational and therapeutic results as appropriate to the individual needs of the student, and far less time fighting with school districts over whether or not to assess a student, amend an IEP goal, provide a service, or change a placement. It appears that the toxic energy that I was up against previously has moved on in the pursuit of power to higher offices where people are less familiar with contending with these types of behaviors. Part of what keeps people like this in power for so long is that they lie, withhold information, spoliate evidence, violate privacy rights, engage in gaslighting, and are often really good at finding someone else to be their scapegoat to take the fall if they get caught doing something wrong. It all catches up with them eventually, but there is a wake of destruction behind them 100 miles wide by the time that happens, and remedial, compensatory strategies that are eventually forthcoming never make the injured parties fully whole. America is going through something akin to one of my worst-case scenarios in a special education advocacy case, which I’ve not had to deal with since 2005 to 2012. The worst-case scenario is when, despite my best efforts to keep things scientifically valid and procedurally compliant, I was unable to get an appropriate program for a student, at which point I’d pull in an attorney to file for due process to fight for an appropriate Individualized Education Program (IEP) for the student pursuant to the regulations and applicable peer-reviewed research. Worst-case scenario, the losing party in the due process case appeals to the federal District Court in the student’s local area, which can delay some remedies for two to five years. If the District Court matter is appealed, it goes to the 9th Circuit Court of Appeals. If I never have to work on another table of uncontroverted facts again for the rest of my life, it will be too soon. The tedium and detail required is like trying to paint the Mona Lisa on a grain of rice with an eyelash. It can also further delay resolution by another year or two. In short, litigation blows. I’ll do it if I have to because that’s the only lawful process to resolve violations of the law committed by government officials to the detriment of children with disabilities that I’ve got, but I’ll resent the hell out of everybody who has made it necessary for me to put forth that kind of effort to resolve a problem they created. It’s an act of patriotism and protectiveness of children with disabilities that I do it. It's out of necessity because I can and most people can’t. That’s got to change. More people need to know what I know so that they can be better advocates for democracy in their own lives, however it might uniquely manifest. There has to be a way for me to share the knowledge I have about how pro-democratic people can handle anti-democratic people they encounter in their day-to-day lives. A democracy of the people, for the people, and by the people is upheld when all the people work together in a manner that makes them woven together like fabric, to make up the fabric of the community in which they live. Or, to quote guerilla gardener, Ron Finley, “To change the community, we have to change the composition of the soil. We are the soil!” Community building is a lot like building up soil for planting and growing food. In order for people to weave together into a fabric that creates a healthy soc