Florida hearing officer awards $720,000 in IDEA autism case
Polk County schools failed to adequately educate an autistic student and now must pay up to $720,000 to give 22-year-old Andrew "Drew" Sammons a proper education, an administrative law judge has ruled. In a 20-page ruling, Judge William F. Quattlebaum in Tallahassee sided with the Lakeland family, saying Polk's failure to provide a proper education for Drew Sammons was not the "accidental result of inadequate educational planning." "It is clear (the district) was either unable or unwilling to provide the appropriate services to which (Sammons) was entitled," Quattlebaum wrote. "This case established that Polk County didn't have means to teach autistic kids," said the Sammons' lawyer, Timothy Weber, of St. Petersburg.
Polk school Superintendent Gail McKinzie said the district is considering filing an appeal. It's been an expensive fight for both sides. If the ruling stands, the district could end up spending $1.8 million, including $300,000 that Quattlebaum ordered the district to pay the Sammons for their legal bills. The district's legal fees have reached $786,782. Quattlebaum also ordered the district to pay up to $144,000 a year for five years to educate Drew Sammons at a private school and for any necessary behavioral therapy. The Sammons sued the district in 2004, saying their son was forced to leave school without the education and training he should have received. The district has maintained that Drew Sammons fulfilled the requirements for graduation, including passing the FCAT. In 2006, a judge ruled that the district did not meet its obligation to provide a free and appropriate education to Drew Sammons for his last two years in school. After numerous appeals, Quattlebaum issued penalties against the district.
Source: Ledger, 5/1/08, By John Chambliss