District appeals ruling

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District appeals ruling

By Sue Melanson

Staff Writer

SOUTH HIRAM (Feb 16, 2006): In a closed-door meeting last week, the

SAD 55 School Board voted to appeal a federal court ruling made Jan.

30.

The ruling, made by US District Judge D. Brock Hornby held the

district responsible for providing for the special education needs

of a girl diagnosed with Asperger's Syndrome.

The appeal will be made to the U.S. First Circuit Court of Appeals

in Boston.

At the meeting, district school board met with R. Herlan of

Drummond Woodsum & MacMahon, who represents SAD 55 in the case.

In a written opinion, Herland called Hornby's ruling " breathtakingly

broad. "

Herlan continued, " The United States District Court for Maine has

read a variety of Maine laws and regulations in a remarkably

expansive manner, thereby making it apparently much easier for

students to be declared eligible for special education in Maine. "

In the ruling, judgment was entered against SAD 55 in the matter of

a particular student's, known as " L.I. " in court documents,

eligibility for special education services.

The student suffers from Asperger's syndrome, which is a condition

likened to high-functioning autism in which the students does well

academically but exhibits other language, social and behavioral

deficiencies.

Under the ruling, SAD 55 will not have to pay tuition reimbursement

and compensatory education services requested by the child's

parents, but, SAD 55 would be responsible for a portion of the

family's legal expenses over the past three to four years.

School Board member Adrien Mills of Porter moved to authorize the

Board to file an appeal of a Special Education ruling, seconded by

Ann Singleton of Hiram and approved.

Both parties will submit briefs to the First Circuit Court of

Appeals in Boston where the case will be heard before a panel of

three judges six to eight months from now.

A decision will be reached in eight months to a year. The First

Circuit Court of Appeals is one step below the Supreme Court and is

the last place this case can be appealed to.

Cases are not appealed to the Supreme Court; rather the Court is

asked whether they want to hear the case.

Herlan felt that it was unlikely that Supreme Court justices would

consider the case.

If Hornby's decision is upheld, this case will have far-reaching

implications as far as the definition of special education students

statewide, perhaps even nationally.

Furthermore, the plaintiff's legal expenses, which SAD 55 is being

ordered to share in the Hornby ruling are an un-budgeted expense for

the district for which there is no insurance. The burden of payment

would therefore fall to the taxpayers in the SAD 55 district.

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