MANATEE, Fla. — A federal judge has ruled that the Manatee County school district had no right to forbid a psychologist from observing an emotionally handicapped 11-year-old patient in class.
The district must also pay the child’s family’s legal fees, U.S. Middle District of Florida Magistrate Judge Mark Pizzo wrote in a 20-page ruling.
The family filed a legal complaint against the school district in July 2008.
The Mills Elementary School student suffers from Asperger’s Syndrome, a form of autism that caused her to act out at school, according to the complaint.
On more than one occasion, her behavior drew suspensions, the complaint states. So in December 2007, her parents hired a psychologist for her, and the doctor asked the district for permission to observe the child in the classroom.
The district denied the request on the grounds that “parents do not have the right to have a private psychologist present in the classroom for a private evaluation,” the complaint states.
An administrative hearing was held in February 2008, and in a ruling released last week, Pizzo disagreed and ordered the district to pay the family’s legal fees.
As of Friday, the district had not decided if it will appeal the ruling.
School board attorney John Bowen said he will discuss the board’s options during an Oct. 26 executive session.
Sunday, October 11, 2009
Judge says Florida school district must allow psychologist to observe 11-year-old with Asperger's in class
From The Bradenton Herald in Florida:
