Winkelman Family Sues Superintendent of Ohio Department of Education

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School Watch recently put out this information on the Winkelman

matter. The family is suing the Ohio Department of Education because

the ODE is failing to implement the pendency provisions of federal

regulations. These regulations require the IHO decision that is

favorable to the parents be implemented while the district appeals

that decisions. In March when that decision was rendered by the IHO,

the Superintendent of Public School in Ohio refused to comply with

the law and order the IHO decision to be implemented. The following

is a report on School Watch about federal court action that was

initiated. To read more about the Winkelman matter, and to follow

further updates, go to www.ohioschoolwatch101.com .

Winkelman Family Sues Superintendent of Ohio Department of Education

and Sandee Winkelman initiated action in the U.S. District

Court of the Northern District of Ohio this past week against the

Ohio Department of Education, Superintendent Zelman and her

subordinate Jane Wiechel. The complaint alleges that the ODE is

denying Winkelman, their son with autism, the protection of

state and federal law. On March 7, 2008 an impartial hearing officer

found that the Parma City School District has denied a free,

appropriate public education and ordered Parma to reimburse the

family for tuition at the Monarch School. Parma has indicated they

intend to appeal the decision of the IHO.

Ohio State and federal law require that the decision of the IHO that

is in favor of the parents be implemented even if Parma appeals the

case. That decision is required to be implemented as an agreement

between the State and the parents. When the Winkelmans contacted

Superintendent Zelman, she refused to implement the decision, which

resulted in the Winkelmans taking this court action against her, her

subordinate, and the ODE. " It is apparent that the ODE is intent on

denying our family a FAPE for , " Mrs. Winkelman said. " There is

a certain viciousness about the actions of Parma and the ODE, which

has caused us the need to bring this to the court's attention. We

are asking for the court to compel the ODE to comply with Ohio and

federal law and implement the IHO's decision. "

The Monarch School, in Cleveland Heights, is a private school for

children with autism. It is a school approved by the ODE for

providing services to this student population. Since 2003 Parma has

refused to pay for 's placement at Monarch and numerous court

battles have ensued, including one that reach the U.S. Supreme Court,

where Parma argued that parents should not be allowed to pursue

special education matters on behalf of their children unless the

parents have a lawyer. Parma lost that case before the Supreme

Court, costing the taxpayers of Parma hundreds of thousands of

dollars. Parma has paid its attorneys nearly 10 times the cost of

's program fighting the family's pursuit of an appropriate

program. The Parma program employs mechanical restraints and fails

to offer a sensory diet. The staff at Parma testified in the

proceeding that they believed a sensory diet was something the child

eats. " If my child attended Parma, I am certain it would result in

injury, as they evidenced no knowledge about his disability or my

child's needs. The program was nothing more than a warehouse, "

Sandee Winkelman stated.

Parma insists that attend a self-contained classroom in Parma

with untrained and inexperienced staff, and no identified methodology

to address 's needs that stem from his autism. would have

no ability to earn a diploma in this Parma classroom. Winkelmans

attorney in the underlying hearing, Cuddy, from New York,

stated that he believes there to have been criminal action in the

underlying hearing, including subordination of perjury, fabrication

of documents, attempts to manipulate the hearing officer selection

process, intimidation of witnesses, and misappropriation of public

funds. " We intend to shine the light of day on these cowardly acts

that target children, so that individuals can be held accountable, "

Cuddy declared.

The federal court papers accuse ODE, Superintendent Zelman, and

assistant Superintendent Weichel of engaging in a pattern of conduct

intended to deprive the Winkelmans of their civil rights. " Education

in this country is a basic civil right, and the ODE is denying it to

. It's unconscionable, " said Cuddy.

Parma's attorney, s, announced Parma's intention to

intervene in the action against the ODE seeking to stop the

implementation of the IHO's decision. " Any intervention in this

action by Parma will be purely malicious and another bilking of the

Parma taxpayers. The law requires this IHO's decision to be

implemented as an agreement between the parents and the State. Parma

has no `dog in this fight.' This issue is between the parents and

the ODE, " responded Cuddy.

The court should soon notify the parties of the scheduling order, so

this matter can be addressed.

Questions regarding this release can be directed to

ohioschoolwatch@... .