Andrew
09-10-05, 06:56 PM
MICHAEL BARBER
Herald Staff Writer
MANATEE - A federal judge Friday ruled in favor of an 11-year-old Manatee County boy who claims his Attention Deficit Hyperactivity Disorder qualifies him for a special education plan from the Manatee County School District.
Superintendent Roger Dearing and the Manatee County School Board have fought against giving the boy access to the potentially costly special education plan, claiming he already made good grades and performed well on standardized tests.
Another reason the district fought the suit, Dearing said, is that a ruling in the boy's favor could set a costly precedent, perhaps opening the door to as many as 2,000 additional ADHD students in Manatee County to apply for the special education plans, which can cost $5,000 or more per student.
In siding with the boy, U.S. District Judge James Whittemore affirmed a prior ruling by Administrative Law Judge Daniel Manry that found the boy's ADHD qualified as a disability under the Individuals with Disabilities Education Act and entitled him to the additional educational help.
"The ALJ's findings regarding the severity of (the boy's) ADHD and its impact on his educational performance, including citizenship and conduct, are supported by the record," Whittemore wrote in the decision.
St. Petersburg attorney Timothy Weber, who represented the child and his mother, Joanie Derry, was pleased with Whittemore's ruling.
"I know Ms. Derry is happy with this and she hopes that this is the end of it," Weber said. "The judge ruled that what the ALJ did was appropriate and that this child should be given the special services."
School board attorney John Bowen said he thought the ruling was contradictory.
"It's ironic because the ruling reflects that the educational services provided by the district resulted in the student excelling," Bowen said. "The judge even said in his ruling that this student's case 'does not present the most compelling case of a child in need of special education.'"
Dearing said Friday the school district has spent $150,000 to $160,000 fighting this case so far. The cost could quickly escalate if, as expected, the district is forced to pay Derry's attorney's fees, which could amount to more than $60,000, according to Weber.
In addition, Derry has filed a discrimination suit in the same federal court against the school district. Weber said he is seeking a jury trial and could seek damages from the Manatee County school system.
Regarding an appeal, Dearing said Friday he'd have to confer with other school district officials and the school board to determine what course to take.
"In my experience, it's very difficult to appeal a federal judge's ruling and win," Dearing said. "Of course, it's not my decision. I'll have to get our legal department and exceptional student education department together and then see what the school board decides."
Dearing and the school district have claimed during the case that ADHD doesn't qualify as a disability under the IDEA. If the federal government doesn't accept ADHD as a disability, the district has claimed it would not receive the needed funds from the federal government to pay for the special education plans.
Whittemore and Manry said ADHD can qualify as a disability under IDEA. In this case, the boy's educational experience was impaired because he was routinely reprimanded and disciplined for behavior consistent with his condition.
Whittemore's ruling does not pave the way for every child with ADHD to have access to special education plans.
"Without question, a diagnosis of an attention deficit disorder does not necessarily equate to a need for special education," Whittemore wrote.
http://www.bradenton.com/mld/bradenton/news/local/12607605.htm?template=contentModules/printstory.jsp
Herald Staff Writer
MANATEE - A federal judge Friday ruled in favor of an 11-year-old Manatee County boy who claims his Attention Deficit Hyperactivity Disorder qualifies him for a special education plan from the Manatee County School District.
Superintendent Roger Dearing and the Manatee County School Board have fought against giving the boy access to the potentially costly special education plan, claiming he already made good grades and performed well on standardized tests.
Another reason the district fought the suit, Dearing said, is that a ruling in the boy's favor could set a costly precedent, perhaps opening the door to as many as 2,000 additional ADHD students in Manatee County to apply for the special education plans, which can cost $5,000 or more per student.
In siding with the boy, U.S. District Judge James Whittemore affirmed a prior ruling by Administrative Law Judge Daniel Manry that found the boy's ADHD qualified as a disability under the Individuals with Disabilities Education Act and entitled him to the additional educational help.
"The ALJ's findings regarding the severity of (the boy's) ADHD and its impact on his educational performance, including citizenship and conduct, are supported by the record," Whittemore wrote in the decision.
St. Petersburg attorney Timothy Weber, who represented the child and his mother, Joanie Derry, was pleased with Whittemore's ruling.
"I know Ms. Derry is happy with this and she hopes that this is the end of it," Weber said. "The judge ruled that what the ALJ did was appropriate and that this child should be given the special services."
School board attorney John Bowen said he thought the ruling was contradictory.
"It's ironic because the ruling reflects that the educational services provided by the district resulted in the student excelling," Bowen said. "The judge even said in his ruling that this student's case 'does not present the most compelling case of a child in need of special education.'"
Dearing said Friday the school district has spent $150,000 to $160,000 fighting this case so far. The cost could quickly escalate if, as expected, the district is forced to pay Derry's attorney's fees, which could amount to more than $60,000, according to Weber.
In addition, Derry has filed a discrimination suit in the same federal court against the school district. Weber said he is seeking a jury trial and could seek damages from the Manatee County school system.
Regarding an appeal, Dearing said Friday he'd have to confer with other school district officials and the school board to determine what course to take.
"In my experience, it's very difficult to appeal a federal judge's ruling and win," Dearing said. "Of course, it's not my decision. I'll have to get our legal department and exceptional student education department together and then see what the school board decides."
Dearing and the school district have claimed during the case that ADHD doesn't qualify as a disability under the IDEA. If the federal government doesn't accept ADHD as a disability, the district has claimed it would not receive the needed funds from the federal government to pay for the special education plans.
Whittemore and Manry said ADHD can qualify as a disability under IDEA. In this case, the boy's educational experience was impaired because he was routinely reprimanded and disciplined for behavior consistent with his condition.
Whittemore's ruling does not pave the way for every child with ADHD to have access to special education plans.
"Without question, a diagnosis of an attention deficit disorder does not necessarily equate to a need for special education," Whittemore wrote.
http://www.bradenton.com/mld/bradenton/news/local/12607605.htm?template=contentModules/printstory.jsp