Andrew
08-27-05, 05:35 PM
Posted on Sat, Aug. 27, 2005
MICHAEL BARBER
Herald Staff Writer
MANATEE - The Manatee County school district has spent more than $100,000 in legal fees battling an attempt to get an 11-year-old boy with attention deficit disorder a special education plan, according to documents The Herald reviewed.
The school district is fighting to keep the boy from receiving the potentially costly special education plan because he made good grades in school and performed well on the Florida Comprehensive Assessment Test.
School officials argue that accommodating this student could set a costly precedent for the district and state by allowing thousands of other ADHD students to apply for special education plans.
Final arguments in the federal case were heard in Tampa on Thursday. U.S. District Judge James Whittemore is expected to render a decision in the next couple of weeks.
On Thursday, Superintendent Roger Dearing told The Herald the district had spent an estimated $50,000 on the case.
Reached Friday, Dearing said his Thursday figure was based on estimated legal fees paid to one of three outside law firms that have represented the district in the case.
In addition to inhouse attorney Rob Shapiro, the school district has employed the services of Gregory Scharff of Edward and Scharff in Palo Alto, Calif., and Thomas Gonzalez of Thompson, Sizemore and Gonzalez in Tampa.
Also, Mark Barnebey of Kirk-Pinkerton in Bradenton served as the attorney for the Manatee County School Board until June 30 when he was replaced by attorney John Bowen, who is now employed by the district.
Although exact legal fees the school district paid to the various firms were not available Friday, district records indicate the total figure spent on the case exceeded $100,000.
When asked whether he thought the $100,000-plus legal tab was worth it, Dearing was emphatic.
"Would you spend $100,000 to save $10 million?" Dearing asked.
Dearing said that there are more than 2,000 students in Manatee County schools who are ADHD and that special education plans can cost $5,000 or more. If all of those ADHD students applied for special education plans, the cost could be as much as $10 million per year.
"I think that's absurd," said St. Petersburg attorney Timothy Weber, who is representing the student. "The kids that qualify for exceptional student education get funding from the federal government under the Individuals With Disabilities Education Act."
Dearing and Weber disagree on whether ADHD is covered as a disability under the IDEA. That disagreement is the crux of the federal court case.
School board members Larry Simmons and Harry Kinnan both said they did not like having to spend district money on costly court cases, but in this instance they thought it was the right thing to do.
"I think it's an important enough case that we have to spend what it takes," Simmons said. "It's not about this particular young man or his mother. It's about a potentially serious financial impact to the school district."
Kinnan agreed.
"I think it's regrettable the money can't be marked for other things, but we've decided as a school district that its important to stop a precedent from being established," Kinnan said. "You have to weigh the implications for the school system if you don't fight this case."
Michael Barber, education reporter, can be reached at mbarber@HeraldToday.com and 748-0411, ext. 2640.
http://www.bradenton.com/mld/bradenton/news/local/12491824.htm?template=contentModules/printstory.jsp
MICHAEL BARBER
Herald Staff Writer
MANATEE - The Manatee County school district has spent more than $100,000 in legal fees battling an attempt to get an 11-year-old boy with attention deficit disorder a special education plan, according to documents The Herald reviewed.
The school district is fighting to keep the boy from receiving the potentially costly special education plan because he made good grades in school and performed well on the Florida Comprehensive Assessment Test.
School officials argue that accommodating this student could set a costly precedent for the district and state by allowing thousands of other ADHD students to apply for special education plans.
Final arguments in the federal case were heard in Tampa on Thursday. U.S. District Judge James Whittemore is expected to render a decision in the next couple of weeks.
On Thursday, Superintendent Roger Dearing told The Herald the district had spent an estimated $50,000 on the case.
Reached Friday, Dearing said his Thursday figure was based on estimated legal fees paid to one of three outside law firms that have represented the district in the case.
In addition to inhouse attorney Rob Shapiro, the school district has employed the services of Gregory Scharff of Edward and Scharff in Palo Alto, Calif., and Thomas Gonzalez of Thompson, Sizemore and Gonzalez in Tampa.
Also, Mark Barnebey of Kirk-Pinkerton in Bradenton served as the attorney for the Manatee County School Board until June 30 when he was replaced by attorney John Bowen, who is now employed by the district.
Although exact legal fees the school district paid to the various firms were not available Friday, district records indicate the total figure spent on the case exceeded $100,000.
When asked whether he thought the $100,000-plus legal tab was worth it, Dearing was emphatic.
"Would you spend $100,000 to save $10 million?" Dearing asked.
Dearing said that there are more than 2,000 students in Manatee County schools who are ADHD and that special education plans can cost $5,000 or more. If all of those ADHD students applied for special education plans, the cost could be as much as $10 million per year.
"I think that's absurd," said St. Petersburg attorney Timothy Weber, who is representing the student. "The kids that qualify for exceptional student education get funding from the federal government under the Individuals With Disabilities Education Act."
Dearing and Weber disagree on whether ADHD is covered as a disability under the IDEA. That disagreement is the crux of the federal court case.
School board members Larry Simmons and Harry Kinnan both said they did not like having to spend district money on costly court cases, but in this instance they thought it was the right thing to do.
"I think it's an important enough case that we have to spend what it takes," Simmons said. "It's not about this particular young man or his mother. It's about a potentially serious financial impact to the school district."
Kinnan agreed.
"I think it's regrettable the money can't be marked for other things, but we've decided as a school district that its important to stop a precedent from being established," Kinnan said. "You have to weigh the implications for the school system if you don't fight this case."
Michael Barber, education reporter, can be reached at mbarber@HeraldToday.com and 748-0411, ext. 2640.
http://www.bradenton.com/mld/bradenton/news/local/12491824.htm?template=contentModules/printstory.jsp