Wednesday, September 5, 2001
Hamilton schools lose suit concerning autistic child
By Beverly A. Carroll
Staff Writer
An administrative law judge ruled against Hamilton County Schools in a case that argued the system failed to provide a proper learning environment for a 7-year-old autistic student.
Judge James Andrews ordered Hamilton County Schools to begin providing a specialized program for the son of Philip and Maureen Deal and to partially reimburse the parents for the costs for providing the program in their home, according to court documents.
"We are very pleased with the judge's decision," Mr. Deal said. "Even though we are not going to be reimbursed fully, the point is to meet our son's needs. And it got to the point where we couldn't do it on our own."
The Hamilton County Board of Education has three years to appeal the decision, school attorney Gary D. Lander said.
"No decision has been made at this time to recommend to the school board on whether to appeal the case," Mr. Lander said.
Efforts to reach Superintendent Jesse Register or school board Chairman Charles Love were unsuccessful Tuesday.
Mr. Lander said the school board's cost to defend its position was nearly $300,000.
Mr. Deal said those fees "would have paid for my son's program until he's 22."
The cost for implementing the program, the Dr. O. Ivar Lovaas style of applied behavioral analysis intervention, has not been determined, Mr. Lander said.
Mr. Deal said he and his wife decided to seek due process after asking the schools for two years to implement the special program.
"They would not go to mediation with us. We asked them to put him in a regular kindergarten class and they refused. But the clincher was when they denied him summer services," Mr. Deal said.
According to court documents, the Deals begin working with Hamilton County Schools on an individualized program for their son when he was nearly 3 years old. During that time the Deals found a program designed for autistic children that was working for their son, Mr. Deal said. They asked school officials to use the program and they refused, he said.
According to the testimony in the hearing that started March 15, 2000, school officials gave several reasons for denying the parents' request, including the cost and a lack of evidence to support the program's effectiveness.
Judge Andrews ruled that testimony and evidence offered in the hearing and his observations of the boy in several settings, including a classroom, recess and therapy sessions, supported the Deals' argument.
The judge also questioned the credibility of several schools witnesses, including a speech and language pathologist, a specialist in special education and a lead teacher. The judge said they were closed-minded, evasive and confrontational in their answers, the documents stated.
Hamilton County was found in violation of the federal Individuals with Disabilities Education Act, which guarantees individualized programs to children with disabilities.
E-mail Beverly A. Carroll at bcarroll@timesfreepress.com
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