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Article of Interest - Education

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Bridges4Kids LogoParents Want District to Pay Son's Costs
Tony Bruscato, Plymouth Observer, May 22, 2005
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The parents of a former Canton High School student want Plymouth-Canton Schools to reimburse them upwards of $100,000 they claim it cost to educate their son at a private school in Maine.

Bill and Shirley Wood believe their son, who has a learning disability in reading and attention deficit disorder, was forced to leave Plymouth-Canton Schools because the district didn't want to deal with him as a special education student.

Royal Oak attorney Calvin Luker said the district twice forced Jonathan Wood, then a freshman and sophomore, to leave school because of unexcused absences, tardiness and lack of academic performance, instead of giving him due process under state and federal special education laws.

"We're asking the district to reimburse the family for the costs of education elsewhere after being ridden out of school on a rail," said Luker. "They hoodwinked the family into thinking they had no option but to withdraw him from school, or face the humiliation of an expulsion in front of the Board of Education."

According to Luker, Wood left Canton High School weeks before school let out in 2002, re-enrolled the next year and was asked to leave a second time in March 2003. Luker said Jonathan never returned to Canton High School after a March 31, 2003, meeting with Assistant Principal Gary Fulks, Supervisor of Secondary Special Education Walter Jurewicz, two teachers and Wood's parents.

"In spite of hundreds of warning signals this child was failing, the school response was to tell him to leave, rather than one of an obligation under special education law to help him," Luker said. "They had no desire to do that, but chose to threaten him. In the context of No Child Left Behind, they basically said 'you are already behind, why don't you withdraw.'"

Luker claims the family wasn't told it was entitled to request a functional assessment of their son's behavior, to determine if his conduct leading to expulsion was related to his disabilities.

Plymouth-Canton Schools attorney Bob Lusk, of the law firm Clark Hill in Birmingham, said federal and state laws prevent him from speaking about the case without the consent of the parents.

"I disagree with the information, it's not an accurate reflection of what occurred," said Lusk. "If I could explain, people would understand why this isn't an appropriate case in which to transfer taxpayer money to the family.

"This case was scheduled to be heard this month, but the family requested an adjournment," added Lusk. "My own view is if they had a good case on merit, they would go ahead instead of adjourning and litigating in the newspaper."

A hearing is scheduled in September in front of a state hearing officer.

Wood eventually enrolled at Fryeburg Academy in Fryeburg, Maine, as a junior and is set to graduate in June.

According to his mother, Shirley Wood, it costs nearly $40,000 a year for tuition, room and board at Fryeburg. The family is seeking reimbursement for all related costs to Jonathan's education.

"I felt they (Plymouth-Canton) didn't care about my son," said Shirley Wood. "My hands were tied, and I felt everything was just hopeless there.

"Jonathan has done a 360-degree turn," she said. "He has his self-esteem back, and I expect wonderful things out of him in the future."

Jonathan Wood, speaking by telephone from Fryeburg, said the thought of graduating from high school was once a pipe dream.

"Here, they help me out, and are real supportive of what I need," said Wood, who has a C average. "My resource teacher helps with homework and personal things. I didn't get that at Canton."

After graduation, Wood will attend the NASCAR Technical Institute in North Carolina, where he will train to build racing cars.

"It's like a dream come true," said Wood.

Luker bought a full-page ad, which appears in today's editions of the Plymouth and Canton Observers, looking for other families with the same situation as the Woods'.

"We believe there will be a dispute over what happened at that March 31 meeting," said Luker. "The information I have is there are other situations where Plymouth-Canton Community Schools have dealt with families who have rights under special education."

According to Luker, the Woods will present their case before a state hearing officer, whose decision can be appealed by either side to the Michigan Department of Education. After that, either party has the right to file a lawsuit in state or federal court.

Shirley Woods says this battle isn't just about her son.

"We want to make people aware of what goes on," she said. "We want to make changes for those students coming into the district."

    

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