Polk Schools (FL) Must Pay Family $720,000

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Polk

Schools Must Pay Family $720,000 http://www.theledger.com/article/20080501/NEWS/805010535/1039

Administrative

judge says district failed to adequately educate autistic student.

By

Chambliss

THE LEDGER

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Education Reporter

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LAKELAND

| Polk County schools failed to adequately educate an autistic student and now

must pay up to $720,000 to give 22-year-old " Drew " Sammons a

proper education, an administrative law judge has ruled.

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PHOTO

PROVIDED TO THE LEDGER

DREW SAMMONS, right, and his mother, Janie Sammons, work on a

computer. A legal ruling declares that Drew, 22, was allowed to graduate

without getting training in developmental skills.

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Bill Sammons

Bill

and Janie Sammons have fought the School District for four years, contending

their son was allowed to graduate without receiving the academic instruction or

training in developmental skills that the law requires disabled students be

provided.

In a 20-page ruling, Judge F. Quattlebaum in Tallahassee sided with the

Lakeland family, saying Polk's failure to provide a proper education for Drew

Sammons was not the " accidental result of inadequate educational

planning. "

" It is clear (the district) was either unable or unwilling to provide the

appropriate services to which (Sammons) was entitled, " Quattlebaum wrote.

" This case established that Polk County didn't have means to teach

autistic kids, " said the Sammons' lawyer, Weber, of St.

sburg.

Polk school Superintendent Gail McKinzie said the district learned of the

ruling Monday, and is considering filing an appeal. A decision will be made

within 30 days.

" We're looking at the judgment that has been rendered and will decide what

to do, " McKinzie said.

It's been an expensive fight for both sides. If the ruling stands, the district

could end up spending $1.8 million, including $300,000 that Quattlebaum ordered

the district to pay the Sammons for their legal bills.

The district's legal fees have reached $786,782.

Quattlebaum ordered the district to pay up to $144,000 a year for five years to

educate Drew Sammons at a private school. The expense includes a teacher, an

aide and classroom. The district was also ordered to pay for any behavioral

therapy that is needed.

Bill Sammons, a commercial real estate broker, said the district tried to

" bankrupt " him.

" I am disgusted with the waste of money and resources that were

unnecessary. If there was anything I could have done I would have, "

Sammons said. " I begged the board to look at the facts when the new school

superintendent came in. "

The Sammons sued the district in 2004, saying their son was forced to leave

school without the education and training he should have received.

The district has maintained that Drew Sammons fulfilled the requirements for

graduation, including passing the FCAT.

The Sammons family and district have been in and out of court for four years.

In 2006, a judge ruled that the district did not meet its obligation to provide

a free and appropriate education to Drew Sammons for the 2002-2003 and

2003-2004 school years, his last two years in school. After numerous appeals,

Quattlebaum issued penalties against the district.

Drew Sammons was diagnosed with Asperger's syndrome, a form of autism, when he

was a young child. He attended Polk schools since kindergarten.

[ Chambliss can be reached at john.chambliss@...

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