Winkelman family wins ruling against Parma schools over autistic son's education

[Guest guest]

Winkelman family wins ruling against Parma schools over autistic son's

education

Parents win ruling against Parma district

Sunday, March 09, 2008

Auster

Plain Dealer Bureau

Washington -- The parents of an autistic boy who won a U.S. Supreme Court

battle last year against the Parma schools scored a potentially more

valuable victory when a hearing officer ordered the district to reimburse

them for their son's $68,500 private-school tuition.

Friday's ruling, which applies only to the current school year, represents

the family's first major substantive victory in more than five years of

legal wrangling over the education of 10-year-old Winkelman, who

suffers from moderate to severe autism.

Last year's U.S. Supreme Court decision was limited to the question of

whether parents can go to court without hiring a lawyer in special-education

disputes.

" I'm numb right now, " Sandee Winkelman, the boy's mother, said Friday.

Parma Superintendent Zatik said that the school district's attorneys

have recommended an appeal of the decision but that the school board still

must consider the matter.

The 207-page decision by a hearing officer concluded that Parma's plan for

educating this year complied with federal law in many respects but

failed to provide adequately for the boy's transition to public school.

The ruling said that an aide Parma selected to help with 's transition

had not been trained to provide the services would have needed.

If the district appeals, the case will go to a state-level review officer.

Winkelman and her husband, Jeff, citing a federal law that guarantees

children with disabilities a free appropriate public education, have

challenged Parma's plans for each academic year, beginning with 's

2003-04 kindergarten year.

The challenges are continuing at various stages of the legal process.

The case that rose to the Supreme Court, for 's kindergarten year, is

now back before the 6th U.S. Circuit Court of Appeals in Cincinnati, which

is expected to hold oral arguments soon on the merits of the Winkelmans'

complaint.

Since kindergarten, the Winkelmans have paid to send to the Monarch

School but have pulled him out periodically when they fell too far behind on

tuition payment plans.

Both sides expressed weariness with the long battle Friday. Winkelman, who

has another autistic child who attended Parma public schools, said she is

pained that the district is paying attorneys to fight her rather than

tuition for a school better equipped to handle her child's needs.

Zatik said the school district believes it can educate well even if

cannot offer everything the Winkelmans would like.

" We're trying to balance between being fiscally responsible and doing what's

best for kids, " she said. " We think we provide a very good program. "

To reach this Plain Dealer reporter:

eauster@... ,

C 2008 The Plain Dealer

C 2008 cleveland.com All Rights Reserved

http://tinyurl.com/ytfkh5

http://www.cleveland.com/news/plaindealer/index.ssf?/base/news/1205051526499

70.xml

<http://www.cleveland.com/news/plaindealer/index.ssf?/base/news/120505152649

970.xml & coll=2> & coll=2