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August 14, 2002
Willow Glen, California Since 1992 |
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Family contests special education requirement
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I-chun Che
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Kayleah Davis, a 7-year-old child with
autism, didn't say the word 'Mommy' until she
was 4.
She used to throw herself on the floor and
hit herself on the head. After years of
effort on the part of her parents and
therapists, she abandoned her
self-destructive behaviors about two years
ago.
But Kayleah has shown signs of regression
since the San Jose Unified School District
(SJUSD) informed Kayleah's therapist in April
that therapists could no longer work alone
with the children. The presence of a parent
or a credentialed district employee is now
required during therapy sessions.
The new rule caused an abrupt stop to
Kayleah's community outings and meetings with
playgroups. A total of 26 children with
autism were affected by the requirement.
"All the work we have done is gone," said
Chantel, Kayleah's mother.
On Aug. 5, one Willow Glen family, the
Wyllies, filed for a due process hearing with
the California Special Education Hearing
Office, requesting that the school district
remove the requirement. The Davises and
another Willow Glen family are planning to
take the same legal action this week.
"I want Kayleah to get the education she
needs," Chantel said.
The school district has said children's
safety is its major concern.
"We believe it is important to continue the
services for the children," said SJUSD
spokeswoman Karen Fuqua. "But we believe it
is equally important to have appropriate
supervision for the children."
Fuqua admitted that liability was never an
issue before because the school district was
unaware that the therapists had home sessions
alone with the children.
"When we realized that was happening, we
needed to put the breaks on it immediately,
before we had time to notify the parents,"
Fugua said. "We did notify the therapists,
though."
The parents said it is unacceptable that the
school district failed to inform the parents
before making any decision about their
children's education. Children with autism
are generally distracted easily and are more
unlikely to cooperate with their therapists
in their parents' presence.
"My child's therapy was compromised," Chantel
said. "District officials don't understand
that any deviation from normal routine will
upset autistic children."
Chantel's lawyer, Alison Fitzgerald Sayar of
the Law Offices of Bredel & Sayar, LLP,
said she will file for due process as soon as
possible.
According to the California Special Education
Hearing Office, the goal of a due process
hearing is to resolve disputes between
educational agencies and parents of a child
with a disability. When a party requests a
hearing, the special education hearing office
notifies the other party and sets a hearing
date. At the same time, the office assigns a
mediator to the case so the parties have an
opportunity to resolve the dispute without
going to a hearing.
Michael Wyllie, a Willow Glen father of a
7-year-old boy with autism, said he doesn't
think a mediation can resolve the dispute.
"I think the school district will push it to
the court," Wyllie said. "They are using
taxpayers' money and they don't care that
they are not providing free and appropriate
education for my son."
His wife, Deborah, said the school district
failed to consider the children's needs
first.
"The school district was so worried about
liability that they stopped worrying what was
right for my child," Deborah said. "They
can't do that."
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