Forced Out?

In Collier County, Florida, parents have accused the school district of having a “carefully orchestrated strategy to keep special needs students out of the district.” Yesterday’s WINK news reports that the Federal Department of Education’s Office of Civil Rights has sent a letter to the Collier School District recommending changes as to how the district informs parents of their rights under the Americans with Disabilities Act (here’s a PDF file of that latter). WINK news describes what happened to teenager Derek Hughes, who was diagnosed with autism and who also started to have seizures while a middle school student in the Collier School District. Then:

“His seizure activity resulted in an ER visit because no one in school was trained properly to deal with a seizure,” his dad, Bill Hughes, told CALL FOR ACTION.

After the seizure, his parents took him to a neurologist at the Dan Marino Center in Miami.

Derek’s neurologist recommended the district change Derek’s IEP to include requiring a full-time trained nurse stationed at the school (the school only had a part-time nurse). It also recommended allowing Derek to bring his service dog to school.

Despite letter… after letter… after letter from the Derek’s family attorney to the district - nothing changed.

Bill Hughes told CALL FOR ACTION, “The district refused to change Derek’s IEP. They refused to acknowledge the epilepsy diagnosis. The district even refused to recognize on Derek’s IEP he had a seizure even at school.

In January 2006, Derek’s dad requested an independent hearing under the American’s with Disabilities Act. Federal law requires the district schedule the hearing within 45 days of the request.

“We sit here two and a half years later and not one single element of our sons’ case has ever been evaluated and ruled on,” said Hughes.

Hughes also complained to the Federal Department of Education Office of Civil Rights.

The Hughes family has also filed a federal lawsuit against the school district; other families have also filed complaints against the district. The Hughes family has relocated to Pennsylvania, where Derek is allowed to have a service dog and a sign language interpreter, with his father commuting from Florida on the weekends.

With the current financial crisis in the US other families and I have been talking (worrying) about what this might mean as far as our school district’s budget and how we can ensure that our children receive an appropriate education right here in our own town. We’ve moved several times for the sake of Charlie’s education—-I think this time we’re planning to stay put and make things as good for Charlie and kids like him as we can.

(Preferably without taking legal action.)