School Board Unanimously Approves Settlement in Disability Suit

BRADENTON -- Manatee County school board members unanimously approved a settlement of $55,000, ending three years of litigation by settling a lawsuit between the school district and the parents of a child with Asperger’s Syndrome. The parents filed suit when they felt their child was child was discriminated against on the basis of the disability.

The act on the school district’s behalf dropped an appeal with the U.S. Circuit Court of Appeals and will cost at least $154,000 in private attorney’s fees.

Superintendent McGonegall recommended approval, saying that it would end all costs and not set any precedents.

”We are in the business of education -- not the business of controversy," said board member Karen Carpenter. "I've made some mistakes in the past, but we are continuing to learn from them."

The court ordered mediation took place on January 6. The parties agreed to settle the case as long as the defendant will dismiss all claims of prejudice. In turn, the School Board will pay any attorney’s fees and costs associated with the due process hearing, which total $55,000.00. The School Board agreed not to further appeal the final order in the due process hearing.

The case started in 2008 when the parents of the then 11-year-old sought to have a psychologist conduct a classroom observation of the child in the school setting. The School District denied the request on the grounds that private vendors do not have a right to perform their services on school district property, however, the defendant was eligible for services under the Individuals with Disabilities Education Act  and had an Individualized Education Plan.

On June 26, 2008, a judge entered a Final Order ordering the school district to permit the privately retained psychologist to conduct an in-school observation of at least two hours. The Order also provided that such observation may include several school settings as deemed necessary by the private psychologist.

The school board authorized an appeal of the order July 25, 2008 to the U.S. District Court, asking to reverse and vacate the order based on the precedent it would create. The defendant’s attorneys filed a counterclaim against the School Board seeking money damages claiming violations of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. The federal district court ruled against the district on the IDEA issue on access to the classroom.

The attorneys had previously demanded $150,000 to settle the case. The school board rejected that demand.