Shop LocalMonday, April 11, 2011
Mokane — Parents of a South Callaway School District student are suing the district for allegedly violating the child’s rights under the Americans With Disabilities Act.
Roger and Sharon Miller of Mokane say, in a complaint filed in the U.S. District Court for Western Missouri, that a 2008 evaluation showed that their son has ADHD, but the district did nothing to determine that the boy had a disability.
Attorney Deborah Johnson of Kansas City represents the plaintiffs and their son, who was not identified.
Superintendent Mary Lynn Battles said the district was issued a public summons the latter part of March and, as of yet, no court date has been set.
Teri Goldman of Mickes Goldman O’Toole, LLC., a St. Louis County law firm that represents school districts throughout Missouri, is defending the district.
Goldman’s office would not provide any details about the case, because the Miller’s son is a minor.
However, the family’s lawsuit said the boy has been a student at South Callaway since preschool, and that he had multiple referrals to the principal’s office — and was suspended from school several times — between the time he began second grade in 2007 and the 2008-2009 school year, when he was in fourth grade.
The complaint alleges that “despite these suspensions, South Callaway did not conduct any type of manifestation hearing to determine whether (the student’s) behavior was a manifestation of a disability.”
The Millers allege that South Callaway failed to determine their son’s eligibility for services under the civil rights statutes both the Rehabilitation Act of 1973 and the newer ADA.
Those laws make it illegal for schools to discriminate against students with a disability and require that disabled students receive services and programs comparable to other students.
The Millers’ lawsuit asks the court to order the South Callaway District to provide compensatory education services, monetary compensation for violating the minor’s rights and financial losses incurred due to the violation of those rights, and reimbursement for attorney’s fees.
The complaint also states: “In December 2008, Sharon Miller filed a complaint on behalf of her son against South Callaway with the United States Department of Education, Office of Civil Rights.”
The lawsuit argues that, upon completion of the OCR’s investigation, there was sufficient evidence to support the accusation that South Callaway had failed to comply with the requirements of both laws, and the district entered into a resolution agreement with the agency.
However, in December 2010, OCR notified the district that it had not complied with the resolution agreement, according to the plantiffs’ complaint.
Battles said she could not comment on the case except to say, “The school attorneys are handling it, and we feel the outcome will be very positive for the district.”
Attempts to contact the Millers and their attorney on Friday were unsuccessful.
Comments
bitter5 1 year, 1 month ago
So I'm confused, why is it solely up to the school to determine if the child has a disability like ADHD? With all that was said in the article, nothing was brought up about the actions taken by the parents to see if there was something wrong with their child. I don't feel as if this is solely the responsibility of the school district. Education is a two way street between parent and school; and if behavioral problems were noticed that early in the child's life and it became detrimental to his learning capabilities the parents should have taken a more proactive role. Especially if he was suspended at that young of an age. Yet another case of blaming someone else for parental oversight.
lampshade 1 year, 1 month ago
My own child had some minor behavior problems at that age, and I constantly got called from my job to come get him from school. By the teachers words "he was annoying" sorry chick you gotta give me more than that. What exactly did he do? She couldnt answer, shrugged her shoulders, and when I asked her again "what did he do, and did you ask him to stop" she shrugged her shoulders again and said "NO" That is an example of an expensive babysitter gone wrong. Really dont call me at work to come get my child if you havent done your job as the "adult."
Now, back to your original question of why the school is responsible. More than likely, the parents would have to provide documentation of a disability in the form of a doctor's order, medical records, and such, and how it effects his education. And if the school failed to accomodate the disability, then they can be held liable for damages. If the school personnel denied him and IEP (Individulaized Education Plan). IEP's must help children.reach their educational goals in the least restrictive envioronment possible. There are laws that maintain that these IEP's must be updated to address the individual child's needs all the way thru high school, and some public funded universities See 34 CFR 300.320
Determination of eligibility for special education. Before an IEP is written for a child with a disability, the school must first determine whether the child qualifies for special education services. To qualify, the child's disability must have an adverse effect on the child's educational progress. Merely having a disability is not sufficient for eligibility.
To determine eligibility, the school must conduct a full evaluation of the child in all areas of suspected disability. Based in part on the results of the evaluation, the school along with the parents meet to review the results and the child's current level of performance and to determine whether special education services are needed
If the child is found eligible for services, the school is required to convene an IEP team and develop an appropriate educational plan for the child. The IEP should be implemented as soon as possible after the child is determined eligible. IDEA does not state specific timeframes for each step. However, some states have added specific timelines that schools must follow for the eligibility,
bitter5 1 year, 1 month ago
I understand what it is you are saying...if they refused to "assist" the parents with determining/making arrangements for the childs learning disability, then yes the district should be held accountable. My interpretation of the article was that the parents were upset because the school didn't do ALL the work to see if the child had ADHD. I firmly believe that too much blame is placed on a teacher when children do poorly in school and too many parents just want to push off the responsibility onto someone else. I also feel that too many kids are just "given" the diagnosis of ADHD by primary care physicians when the criteria (according to the DSM) isn't present.
slow_iq_iiii 1 year, 1 month ago
So they want to blame the school for not raising their child. Sounds reasonable ....
lampshade 1 year, 1 month ago
Its a simple case! Did they follow the federal laws in accomadating the child? If so, then okay, if not then pay!
poeracing 1 year, 1 month ago
BOTH of my boys were diagnosed with ADHD. My youngest was in kindergarten and I got calls everday about his behavior-throwing chairs, not wanting to listen, etc. I was having the same problems at home. As a parent I took my boys to the doctor and the doctor diagnosed them with ADHD. Then started the part to help control the behavior, it was trial and error on medication. Once we found what worked it sure did help with grades and concentrating at school. My oldest was also in special services for extra help in other areas. Once I got diagnosis from a doctor I talked to school officials and my boys got the accomodations to suit them. Like one comment I didn't know it was the school's responsibilty to diagnosis a child, they are no medical professionals. Have they taken the child to a doctor?? Apparently they don't want to admit maybe their child may have a problem. I do not agree with the Miller's at all. I think they are trying to get money!
fultonian 1 year, 1 month ago
That boy don't need any pills, just needs a little more discipline.
rock1853 1 year, 1 month ago
The district did nothing to determine that the boy had a disability? From what I understand they have enough trouble teaching the three R's. Next time I need a diagnosis I'll remember to go see my local school for help. Nice parenting!
lampshade 1 year, 1 month ago
Again, the school doesnt diagnose, the doctor does this. The school assesses whether or not the child's diagnosed condition has an "adverse effect" on his/her learning, and determine eligibility for special services. And the schools are therefore REQUIRED to accomadate the disability under law. If they didnt determine his eligibility for special services once the DOCTOR made the diagnosis, then they are liable! Get it straight people before you make uninformed judgements.
lampshade 1 year, 1 month ago
Same thing for the child in Florida with severe peanut allergy; her diagnosed condition has an adverse effect (she could die) and the school is required to take every step to ensure that her free public education is available to her, accomadate her disability, and provide special services, such as providing a peanut free environment, alternative meals, and trained staff to deal with her condition. And if something happened to that child while in under their care and supervision, then they would be held liable, if they didnt do everything outlined in the laws that protect all of our children.
Graceful 1 year, 1 month ago
A prime example of government trying to do too much.
lampshade 1 year, 1 month ago
Respect is not automatic, it is earned, and should be displayed by both sides! One of the most important lessons in life is that you should and must question authority, because you never really truly know the person it has been given to! That is why we are still a democracy. And with so many of our authority figures getting caught with their pants down to their ankles, some of them involving the children they were entrusted to care for, NO I dont automatically side with the adults. Besides, everytime I ask my child what he did at school, he responds with "we watched a movie, ate popcorn in the hall, or had Beach Day in the Gymnasium. Respect for the learning environment??????? What learning environment???? And given the fact that the monthly newsletters are asking for regular donations for these "activities" is pretty much proof in the pudding of what our children do on a daily basis. And people wonder why MAP scores are down, schools are losing funding, and the economy is bad. When I was in third grade, I was sitting in a classroom with about 30-35 other students my age, repeatedly reciting the multiplication tables, and practicing long division. Wow, I just showed my age! LOL BTW, I have multiple college degrees, and I think most of my child's teachers are threatned by that.
fultonian 1 year, 1 month ago
most schools don't make children recite multiplication tables and do long division anymore because the parents think this is demeaning and makes the stupid kids feel left out :( I feel like the teachers are stuck between a rock and a hard place. Parents who attack them for disciplining their "little angels" and school administrators who won't back them up. So they have to resort to "feel good" self esteem building excercises.
lampshade 1 year, 1 month ago
Well I guess that's part of the reason why we have a bunch of stupid people running around trying to "feel good" about themselves, because Lord knows they dont have anything else to do that's productive. What parent thinks that is demeaning to recite their multiplication tables and learn to do long division, probably is the same parent who is so so proud of little Johnny and little Suzie for getting promoted at work in the newly appointed job class of french fry salter or drive thru cashier, who cant count change back to a dollar. And are you really that naive to think that the teacher''s agenda is to complete a self esteem exercise? PLEASE!!!!!!!!!!!!!!!!!!! The videos are babysitters, while the teachers have yet another PTA/PTO sponsered carry-in, located in the lounge! NO CHILD LEFT BEHIND MY BEHIND!
fultonian 1 year, 1 month ago
Well if you're not a teacher I guess you really don't know do you? No matter how many degrees you have.
lampshade 1 year, 1 month ago
Master's Degree in Educational Counseling so yeah, I do know!
fultonian 1 year ago
I don't think any teacher is threatened by a counselor! Most teachers have Masters degrees anyway.
rock1853 1 year, 1 month ago
So you council educators? grin. Just because your a mechanic doesn't mean you know how to fix a car. The more you think you know, the less you probably do.
ColeCountyParent 1 year, 1 month ago
"BTW, I have multiple college degrees, and I think most of my child's teachers are threatned by that."
BTW, I have multiple college degrees, as well. Yes, I have a M.Ed in Educational Counseling just like you. With twenty-three years of public school teaching under my belt, I have come to the conclusion that very few parents are threatened by my multiple college degrees.
lampshade 1 year, 1 month ago
Which is exactly my point, someone with and education and knowledge finally stood up and said enough is enough, do your job right, or get out and let someone else do it. Ya know teacher accountability, pay raises depend on scores, and not because some teacher or administrator decided to lead a not so fine example by filling in the bubbles on the MAP test, and CHEATING TO GET MORE $$$$$. No, most parents arent threatened by the alphabet soup behind the names, they are more worried about their child learning the three basic r's. Stop treating parents as if they are stupid, because the teachers I have dealt with have treated me like a piece of slime, and ASSUME that I am uneducated, because I dont agree with their methods. Just because I choose to purchase my children's clothing off the clearance rack, does not make me white trash. My money goes into savings, while everyone else at the school is trying to keep up with Mr and Mrs Jones. A majority of people happen to work nights, and so therefore, dont have the time for PTA nonsense, charity donations, fundraisers, family fun night, or any of that, The time I give to my children, is OURS, so WE decide what we do, when we do it, and where. Get over yourself, because you can be replaced, when your scores get too low.
whocares 1 year ago
Have you ever considered home schooling? Like you said, enough is enough , do your job right, or get out and let someone else do it. Yes you pay taxes and have every right to send your child to school but if you have that big of problem with it by all means use the education you received to benefit your children. Your taxes pay for a lot of other services you will never use so what's the difference?
MichelleHohlt 1 year ago
Wow, you mean you aren't gonna tell her to quit whining and just move...lol
whocares 1 year ago
You can't play football at a good school when you're homeschooled. ;}
MichelleHohlt 1 year ago
Just thought I would throw that in, we haven't spoke in a while :)
rock1853 1 year ago
School vouchers, school vouchers, schools vouchers!
lampshade 1 year ago
Wow, I was homeschooled as a child, never played sports in my entire life, and yet I managed to get two college degrees, a trade school under my belt, and raise my children without too much of the outside negative influences of drugs, alcohol, and the so called community interference. And I believe when these so called "do-gooders" reach out with a helping hand, they usually have a sword in the other one. I am proud to take the only credit due for MY achievements. The proof is in the pudding, go watch your child play football at one of those "good schools" getting everything handed to him. Wow, he will learn a lot of life skills from that experience. My children will earn their achievements. And by the sound of your call name "who cares" it sounds like your child will be on the fast track to nowhereville really soon. And BTW, this is a public forum and people usually make comments that express their own opinions and beliefs about a given subject. If you dont like mine, shut off your computer!
MichelleHohlt 1 year ago
I was only commenting to mess with "whocares", he or she is always counseling me when I start whining about football. By the way "whocares", things are going good here we are finally having meetings on football at New Bloomfield. It will be a long road to travel, but well worth it for the kiddos. Oh yea, and I won't have to sell my house after all.....lol
whocares 1 year ago
It is a long road but I have a feeling you will work hard at it and see it through. Glad you don't have to sell your house too, that's hard enough to do these days also. Best of luck to you and your son.
online_editor 1 year ago
A general reminder: Please focus on issues related to the news article and avoid personal insults directed to other participants. I removed some posts that contained insults or bypassed the profanity filter, or lost their context as responses to one of the removed posts. Also, if you've stated your observations, restated them, clarified them and followed up again a time or two, you've likely made your points clear to the vast majority of readers, so that's probably the time to agree to disagree over any disagreements and move on, rather than continue to go round and round in a fashion that heads downhill. Thanks. --Rick Brown, online editor
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