Holding Educational Consultants Legally Accountable

[AuntieEm2]

Time and time again we hear about deaths in programs run by the troubled teen industry. Time and time again, we learn that an educational consultant has been pivitol and in placing that child in an abusive or deadly program. It's time for educational consultants to be held legally accountable for the referrals they make.

With all the investigations, lawsuits and prosecutions in progress, I would think edcons would realize the legal system will be scrutinizing their role.

Auntie Em

[AuntieEm2]

Consider their role and the conflict of interest with their financial relationship with programs:
* Edcons claim to be experts when advising parents and families, but anyone can hang out their shingle and set up shop as a consultant.
* No background in children's mental health, social work or education is required. "Certification" is easily purchased from trade organizations that cater to edcons.
* Edcons routinely refer children they have never met or spoken with to programs--often to programs they have never visited.
* Edcons are paid by both the programs and the parents for the referrals, increasing responsibility and liability for the referral.
* Programs have staff members with job titles like "Coodinator of Consultant Services." Edcons are a central focus of their marketing and advertising efforts.
* Edcons are wooed, wined and dined by programs to incent them to refer to programs.  
* When children die or are abused in programs, local law enforcement and prosecutors are often unaware of the involvement of educational consultants in the process. We can change that.

Educational consultants must be legally accountable for their referrals.

Auntie Em

[Whooter]

Time and time again we hear about deaths in programs run by the troubled teen industry. Time and time again, we learn that an educational consultant has been pivitol and in placing that child in an abusive or deadly program. It's time for educational consultants to be held legally accountable for the referrals they make.

With all the investigations, lawsuits and prosecutions in progress, I would think edcons would realize the legal system will be scrutinizing their role.

Auntie Em

This may be a good idea. There would be a lot to put into place (and think thru) similar to malpractice with doctors.  Maybe form a society of Educational Consultants where they can share information and train on detecting good and bad programs.  EdCons could go thru training and requirements to document and standardize placement procedures.  They would need to get government subsidized malpractice insurance which would raise their commission costs to the consumer but would ultimately better protect the children and would pay for itself over several years.  There would also need to be an award system which would award those Edcons who had the best records thereby motivating them to a commitment to continuous improvement.

[Ursus]

Maybe form a society of Educational Consultants where they can share information and train on detecting good and bad programs.

Ya mean ... like, IECA?  :rofl:

Ya know, people have been bitchin' 'bout this for years. They have still have no professional oversight holding them to any standard of accountability. As far as I'm concerned, they've had more than enough opportunity and time to put something in place.

I like this idea:

* When children die or are abused in programs, local law enforcement and prosecutors are often unaware of the involvement of educational consultants in the process. We can change that.

[Whooter]

Another point to consider  is there would have to be some sort of rating system created to identify which schools are abusive.  So that way everyone is aware of which schools are on the list prior to referring to them.  Then if an EdCon referred to an abusive program them it could show reckless intent to harm.

Better yet have the schools certified and then the edcons wouldn’t have to worry about it.  Similar to your doctor referring you to a heart specialist.  If you die during surgery your family cant sue the referring doctor because the surgeon was board certified.  This way each doctor doesn’t have to research the backgrounds of each and every doctor.

[Ursus]

...some sort of rating system created to identify which schools are abusive.

They're all abusive. Thought reform is abusive on its face. Period.

[Whooter]

When children die or are abused in programs, local law enforcement and prosecutors are often unaware of the involvement of educational consultants in the process. We can change that.

Where is the hook or meat?  If an Edcon sends a child to Phillips Academy and they have a riot or the kid falls out a window because he drank too much or the child was raped by a teacher how does the Edcon defend his business against this?  It is not foreseeable.  If an Edcon sends a child to Aspen Ranch and the kid gets killed, how can he be held responsible?  Where is the information the edcon can tap into which would have saved this child’s life, where is the crystal ball?

[Whooter]

...some sort of rating system created to identify which schools are abusive.

They're all abusive. Thought reform is abusive on its face. Period.

Ursus, that will never hold up in court.  You would need to establish that all programs are abusive.  Similar to if your mother died in a car accident and you tried to go after the car dealer and sue them for referring her to that car and arguing that all cars are killers.  You wouldn’t have a shot.  

Now if the model had a recall or known defect then you would have a case... Similar if a program had a high risk then yes the referer could be held accountable, but first these measurements need to be put in place and secondly the information needs to get to the Edcons so that they can make an educated decision and protect their business.

[Ursus]

When children die or are abused in programs, local law enforcement and prosecutors are often unaware of the involvement of educational consultants in the process. We can change that.

Where is the hook or meat?  If an Edcon sends a child to Phillips Academy and they have a riot or the kid falls out a window because he drank too much or the child was raped by a teacher how does the Edcon defend his business against this?  It is not foreseeable.  If an Edcon sends a child to Aspen Ranch and the kid gets killed, how can he be held responsible?  Where is the information the edcon can tap into which would have saved this child’s life, where is the crystal ball?

Phillips Academy does not practice thought reform, at least not systemically or as an intentional part of their operating philosophy. Phillips does not cater to the troubled parent industry. It caters to the successful parent industry.

As to the crystal ball? Ed Cons already claim to have that in possession or, at least, would have the parents believe that they do...

[AuntieEm2]

So then total, merciless accountability only applies to the choices of the teenagers? The kids are held to a higher standard than the adults? That's crazy.

The legal system holds people accountable not only for what they know, but also for what they should have known. Ignorance is not a defense.

* It's depraved indifference for an edcon to know that a child has died in SageWalk due to staff maltreatment and the very next week to refer a child to that facility.

* It's criminal for an edcon to be referring any child to any Aspen program now that the State of Oregon has determined that the "treatment" methodology is systematically abusive to all kids in its care.

* It's ethically and morally irresponsible for an edcon to be referring children to ANY facility practicing treatment methods grounded in emotional and physical humiliation and abuse "for the good of the child"--which includes virtually every program named on this forum.

Do I think educational consultants ought to be buying malpractice insurance? Yes. Do I think they have been unforgivably lax in responsibly serving the needs of children and families? Yes. Do I think they should be policing themselves and the industry? Yes. And law enforcement should be policing them as well.

Auntie Em

[Anonymous]

Phillips Academy does not practice thought reform, at least not systemically or as an intentional part of their operating philosophy. Phillips does not cater to the troubled parent industry. It caters to the successful parent industry.

As to the crystal ball? Ed Cons already claim to have that in possession or, at least, would have the parents believe that they do...

Well said!! Eloquent and succinct as ever.

[Whooter]

So then total, merciless accountability only applies to the choices of the teenagers? The kids are held to a higher standard than the adults? That's crazy.

The legal system holds people accountable not only for what they know, but also for what they should have known. Ignorance is not a defense.

So there should be a system in place which provides each edcon with the same information so that they can make an informed decision.  Doctors dont read the background checks on each other they depend on a system which allows them to make referals safely.

[Whooter]

When children die or are abused in programs, local law enforcement and prosecutors are often unaware of the involvement of educational consultants in the process. We can change that.

Where is the hook or meat?  If an Edcon sends a child to Phillips Academy and they have a riot or the kid falls out a window because he drank too much or the child was raped by a teacher how does the Edcon defend his business against this?  It is not foreseeable.  If an Edcon sends a child to Aspen Ranch and the kid gets killed, how can he be held responsible?  Where is the information the edcon can tap into which would have saved this child’s life, where is the crystal ball?

Phillips Academy does not practice thought reform, at least not systemically or as an intentional part of their operating philosophy. Phillips does not cater to the troubled parent industry. It caters to the successful parent industry.

Not today they dont, but if they started tomorrow then the edcons would not know about it and be at risk. So you would need to define boundary conditions like “thought reform” (as one condition) and catering to  the “troubled Parent industry” (another condition). You would need to establish in court that these categories exist (No.1) and that they are a high risk to students (no.2).  Once this is established then the Edcons would be notified of these potentially dangerous schools.

As to the crystal ball? Ed Cons already claim to have that in possession or, at least, would have the parents believe that they do...

Many industries claim to have one...especially wall street.  Even folks here on fornits seem to think they can predict what will happen to a child if placed in a program.

[Whooter]

So then total, merciless accountability only applies to the choices of the teenagers? The kids are held to a higher standard than the adults? That's crazy.

The legal system holds people accountable not only for what they know, but also for what they should have known. Ignorance is not a defense.

* It's depraved indifference for an edcon to know that a child has died in SageWalk due to staff maltreatment and the very next week to refer a child to that facility.

* It's criminal for an edcon to be referring any child to any Aspen program now that the State of Oregon has determined that the "treatment" methodology is systematically abusive to all kids in its care.

* It's ethically and morally irresponsible for an edcon to be referring children to ANY facility practicing treatment methods grounded in emotional and physical humiliation and abuse "for the good of the child"--which includes virtually every program named on this forum.

Do I think educational consultants ought to be buying malpractice insurance? Yes. Do I think they have been unforgivably lax in responsibly serving the needs of children and families? Yes. Do I think they should be policing themselves and the industry? Yes. And law enforcement should be policing them as well.

Auntie Em

The Automobile industry kills thousands of people every year yet the guys that sell you these cars are never successfully sued, go figure.  They are aware that kids die in them yet still take the money from unknowing families in hopes that the airbags will save them.  Some are not that lucky.

[AuntieEm2]

Analogy fails. The car sales industry is heavily regulated. For example, if they knowingly sell a used car that has unsafe brakes or has a factory recall on it, yes they are legally liable.

I'm sure you'd rather be talking about cars and doctors then dead kids and irresponsible edcons.

Auntie Em