The lawsuit saga between a Lake Orion family and the school district is finally over.
In the end, Lake Orion Community Schools may have to reimburse the parents of autistic three-year-old Taylor Barrett $4,500.
According to Jeff Butler, the district’s attorney, what LOCS will pay falls far short of the estimated $35,000 the Barretts were seeking.
Instead of paying for an out-of-district autism program for two full school years–what the Barretts sought– the district was ordered to pay the family for three-months? tuition.
According to the judgement, handed down by Administrative Law Judge Michael Herendeen, the district didn’t properly assess Taylor for a six-month span.
‘The failure for six months of the…schoool district to conduct an appropriate multidisciplinary evaluation of the child…was a serious procedural violation,? was written in the judgement .
The district has 90 days to appeal the judgement, which was made by July 29.
‘The district agrees with most of what the judge did,? said Butler. ‘The lion’s share of the case was in favor of the district.?
The only point of disagreement was with the $4,500 reimbursement for not assessing Taylor soon enough.
‘I think the judge got that wrong,? Butler said.
But what Butler and the district think the judge got right was ruling that Lake Orion schools do offer a proper program for autistic students in line with state requirements.
The judgement reads, ?…it appears from the record that the district’s…IEP (Individualized Education Program) is both procedurally sufficient and reasonably calculated to provide the child in this case with a meaningful educational benefit…and that the parent in this case has not shown that the district did not have adequate resources to implement the IEP in a timely fashion had it been accepted.?
The judgement goes on to say, ?…the focus must stay on the district’s proposed implementation plan, not the parents? preferred alternative.?
Superintendent Ken Gutman also thought the judge made a good decision overall.
‘I still remain confident that the district did, all along, what was best for the child,? he said.
In April, another family, the Krolls, withdrew a similar suit after only one day of testimony before the same administrative law judge.
Mark and Pam Kroll’s son, Hayden, returned to the district’s autistic program after a settlement was reached.
The Barretts first brought a lawsuit against the schools in December of 2008, claiming the district was in violation of a federal special education law.
Both the Barretts and Krolls said because their autistic sons Taylor Barrett, 2, and Hayden Kroll, 4, weren’t offered the appropriate services or out-of-district funding for them, the district has butted up against the Individuals with Disabilities Education Act (IDEA).
Now, the Barretts can only wait to see if the district will appeal their one victory of the suit.
‘It’s been almost two weeks now after the judgment was rendered and they still haven’t reimbursed us the money that still is much needed for Taylor’s services,? said Michael Barrett. ‘They’re still a lingering affect on his development. So, we’ll see what happens in 45 days. We won’t hold our breath.?