Hearing to determine if school district violated autistic boy's rights delayed naplesnews.com Naples Daily News
Monday, April 17, 2006 Updated at 12:24 p.m.
http://www.naplesnews.com/news/2006/apr/17/hearing_determine_if_school_district_violated_auti/
Hearing to determine if school district violated autistic boy's rights delayed
By Katherine Lewis (Contact)
Monday, April 17, 2006
Derek Hughes won't be returning to school before the end of the school year.
Derek's father said it is a shame his autistic son is being hurt by delays of due process.
"There's no question that he is regressing academically, socially and behaviorally," Bill Hughes said. "I don't know why the school district is taking pride trampling over a boy's rights."
The reason Derek won't be in school before the end of the school year is that a hearing to determine if the Collier County School District violated Derek's rights by refusing to let him bring his service dog, Bo, to school has been continued to Monday, May 1.
A death in School Board Attorney Richard Withers' family prompted the continuance, Withers said this week.
It was the second time the hearing, which initially had been set for February, has been continued.
The hearing will determine if the school district was negligent by not amending the Pine Ridge Middle School sixth-grader's individual education program (IEP) to allow him to bring Bo to school. The complaint also alleges the district was negligent for not providing a full-time school nurse at the middle school to administer Derek's epilepsy medication.
WEBIFIED
RELATED: Left behind: Autistic son needs his service dog at school (02-02-06)
PODCAST: Hear an in-depth report about a Collier County family's struggle to get a service dog into their autistic child's middle school. (02-02-06)
ON THE WEB: Collier County School District
The events started when the Hughes family made attempts to meet with school officials about Derek's needs after he had two seizures and had been diagnosed with epilepsy. The Hugheses scheduled an emergency IEP meeting with school officials for Jan. 17.
Students with special needs have the individual programs, which are developed to set goals for a child's learning and behavior that are reasonable and can be measured. The IEP also explains what the district will provide to help the student meet those goals.
During the emergency meeting on the program, the district denied amending Derek's IEP to include acknowledgment of his medical diagnosis of epilepsy or to provide him access to his service dog, Bill Hughes said.
Following the denial by the district, Bill and Brenda Hughes asked for a due-process hearing under the Individuals with Disabilities Education Act.
Bill and Brenda Hughes also pulled Derek from school and have elected to home-school him until the issue is resolved.
The hearing was to be held in late February, but was delayed until April 6 after Withers, the School Board attorney, filed a motion seeking to continue on Wednesday, Feb. 15, five days before the hearing was to take place.
In his memorandum to the hearing officer, Withers provided nine reasons for continuing the hearing. Among them, three witnesses for the district weren't going to be available for the hearing; the School Board wants to discuss the case in a closed-door, executive session before the hearing to find alternatives to litigation; and the district wants to wait for a decision on the criminal complaint filed by William and Brenda Hughes against the district before moving forward with the civil suit.
Through attorney Stephanie Langer, the Hughes family filed a petition Feb. 15 asking the administrative hearing judge to reconsider the delay for the due-process hearing.
"Any delay in the due process hearing, especially a long delay until April, ignores the reality that this child is out of school and that the district refuses to return this child to school until after the due process hearing is concluded," Langer wrote in the petition.
Bill Hughes said the family also has filed an injunction with administrative law judge D. S. Manry asking that he intercede and put Derek in Vineyards Elementary School until the ruling is handed down.
"(Vineyards) has spacious classrooms, a full-time nurse and there is no adversity there," he said. "We would have Derek back there tomorrow."
In addition to waiting on the administrative hearing, the Hugheses also will have to wait for a decision on a complaint they filed with the Office for Civil Rights in Atlanta.
The 23-page complaint alleges that Derek's civil rights were violated under the Americans with Disabilities Act and the Family Educational Rights and Privacy Act, as well as his right to a free and appropriate education.
Both Bill Hughes and Withers acknowledged that the Office for Civil Rights will not act on the complaint until the administrative hearing is complete.
Monday, April 17, 2006 Updated at 12:24 p.m.
http://www.naplesnews.com/news/2006/apr/17/hearing_determine_if_school_district_violated_auti/
Hearing to determine if school district violated autistic boy's rights delayed
By Katherine Lewis (Contact)
Monday, April 17, 2006
Derek Hughes won't be returning to school before the end of the school year.
Derek's father said it is a shame his autistic son is being hurt by delays of due process.
"There's no question that he is regressing academically, socially and behaviorally," Bill Hughes said. "I don't know why the school district is taking pride trampling over a boy's rights."
The reason Derek won't be in school before the end of the school year is that a hearing to determine if the Collier County School District violated Derek's rights by refusing to let him bring his service dog, Bo, to school has been continued to Monday, May 1.
A death in School Board Attorney Richard Withers' family prompted the continuance, Withers said this week.
It was the second time the hearing, which initially had been set for February, has been continued.
The hearing will determine if the school district was negligent by not amending the Pine Ridge Middle School sixth-grader's individual education program (IEP) to allow him to bring Bo to school. The complaint also alleges the district was negligent for not providing a full-time school nurse at the middle school to administer Derek's epilepsy medication.
WEBIFIED
RELATED: Left behind: Autistic son needs his service dog at school (02-02-06)
PODCAST: Hear an in-depth report about a Collier County family's struggle to get a service dog into their autistic child's middle school. (02-02-06)
ON THE WEB: Collier County School District
The events started when the Hughes family made attempts to meet with school officials about Derek's needs after he had two seizures and had been diagnosed with epilepsy. The Hugheses scheduled an emergency IEP meeting with school officials for Jan. 17.
Students with special needs have the individual programs, which are developed to set goals for a child's learning and behavior that are reasonable and can be measured. The IEP also explains what the district will provide to help the student meet those goals.
During the emergency meeting on the program, the district denied amending Derek's IEP to include acknowledgment of his medical diagnosis of epilepsy or to provide him access to his service dog, Bill Hughes said.
Following the denial by the district, Bill and Brenda Hughes asked for a due-process hearing under the Individuals with Disabilities Education Act.
Bill and Brenda Hughes also pulled Derek from school and have elected to home-school him until the issue is resolved.
The hearing was to be held in late February, but was delayed until April 6 after Withers, the School Board attorney, filed a motion seeking to continue on Wednesday, Feb. 15, five days before the hearing was to take place.
In his memorandum to the hearing officer, Withers provided nine reasons for continuing the hearing. Among them, three witnesses for the district weren't going to be available for the hearing; the School Board wants to discuss the case in a closed-door, executive session before the hearing to find alternatives to litigation; and the district wants to wait for a decision on the criminal complaint filed by William and Brenda Hughes against the district before moving forward with the civil suit.
Through attorney Stephanie Langer, the Hughes family filed a petition Feb. 15 asking the administrative hearing judge to reconsider the delay for the due-process hearing.
"Any delay in the due process hearing, especially a long delay until April, ignores the reality that this child is out of school and that the district refuses to return this child to school until after the due process hearing is concluded," Langer wrote in the petition.
Bill Hughes said the family also has filed an injunction with administrative law judge D. S. Manry asking that he intercede and put Derek in Vineyards Elementary School until the ruling is handed down.
"(Vineyards) has spacious classrooms, a full-time nurse and there is no adversity there," he said. "We would have Derek back there tomorrow."
In addition to waiting on the administrative hearing, the Hugheses also will have to wait for a decision on a complaint they filed with the Office for Civil Rights in Atlanta.
The 23-page complaint alleges that Derek's civil rights were violated under the Americans with Disabilities Act and the Family Educational Rights and Privacy Act, as well as his right to a free and appropriate education.
Both Bill Hughes and Withers acknowledged that the Office for Civil Rights will not act on the complaint until the administrative hearing is complete.
posted by LadyDeerskin And Her Service Dog | Monday, April 17, 2006
