Boy with disability banned from Maine playground

[Guest guest]

http://www.tribnet.com/24hour/nation/story/1676501p-9436642c.html

Boy with disability banned from Maine playground

By SARA LEITCH, Associated Press

FALMOUTH, Maine (September 22, 8:07 am PDT) - What started as a

playground spat between school officials and the parents of a child with

autistic-like behavior could end up having repercussions for the way

school districts treat children with neurological disorders.

The parents of 9-year-old Jan Rankowski are suing Falmouth school

officials for banning their home-schooled son, who has Asperger's

syndrome, from the town's public playground.

" This is going to help children across America, " said Rankowski,

Jan's father. " Schools are going to realize they can't exclude a child

because of a disability. "

School officials say Jan was never permanently barred. They only wanted

a psychologist to evaluate his playground behavior after complaints from

students and staff. His parents refused.

Asperger's syndrome, named for a Viennese physician, is an

autism-related condition characterized by deficiencies in social and

communication skills that was first recognized as a disability only a

decade ago.

For children with Asperger's, a simple conversation can be a minefield

of misunderstandings. People say things they don't mean, or say one

thing and do another. Social interactions don't always follow logical

rules.

That's why experts say it is so important for such children to play with

other kids, to learn the behavioral norms that most youngsters are

socialized into understanding.

" By banning the kid from the most social part of the day, you're

ensuring that he won't be able to learn social skills. It's almost like

saying, 'You don't know math, so we're not letting you in the math

class,' " said Wayne Gilpin, president of Future Horizons in Texas, which

publishes books and holds conferences on autism and Asperger's syndrome.

Jan's family moved from New York to Falmouth after the 2001 terror

attacks and the boy attended the Plummer-Motz School in the second

grade, enrolled in special education classes. He improved so much over

the year that school officials wanted to move him to a regular class in

the third grade.

But Jan's parents wanted him to stay in special education classes. His

mother, Gayle Fitzpatrick, felt that putting Jan into mainstream classes

was " a disaster waiting to happen " so she taught him at home.

" Just because you're getting somewhere, doesn't mean you remove it, " she

said. " If it's working, don't fix it. "

Jan's parents were elated when Jan asked to go to the school's

playground after a year of home-schooling. " When he said he wanted to go

play with other kids, we thought it was great, " Rankowski said.

In the year that Jan attended the school, there were no incident reports

filed about Jan's playground behavior. But administrators said they

began fielding complaints shortly after he began playing there last

fall.

Students reported that Jan swore and threatened them, played roughly

with younger children and kicked one child. Teacher's aides said he

defied their commands and told students they didn't have to listen,

either.

" This is somebody who would not take adult instruction and was

encouraging other students not to, " said Hewey, attorney for the

school officials. " The people who are supervising the playground during

school hours need to be listened to, by everybody. "

While Jan's parents say students who misbehaved similarly would be

punished by being barred for a few days, school officials say Jan's

suspension was not disciplinary. They wanted to return him to the

playground once a psychologist could evaluate his behavior and determine

ways for him to interact better with other children.

Jan's parents say previous assessments of the boy were sufficient and

that his suspension was meant to exclude their son. " Discrimination is

treating someone very, very differently, " Fitzpatrick said.

" Neurologically based behaviors are not crime scenes waiting to happen. "

A state judge last month denied a request by Jan's parents for an

injunction to allow him to visit the playground while the case was

decided. No trial date has been set.

The boy's parents say they hope their lawsuit will force schools to

treat disabled or home-schooled children the same way as other children.

Others across the country are watching the case as the number of

children diagnosed with Asperger's continues to climb.

As many as 1 in 250 children could have Asperger's syndrome, Gilpin said

from his office in Arlington, Texas. " Any legal precedent can be used in

other jurisdictions, so it could have important national implications, "

he said.