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Parents
Want District to Pay Son's Costs
Tony Bruscato, Plymouth Observer, May 22, 2005
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http://www.bridges4kids.org.
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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