07-27-2006, 09:05 AM
The parents of a young man with autism have filed a federal court lawsuit against Moorhead schools and several school officials, alleging their son was kept in a windowless storage closet and not properly educated.
The plaintiffs are seeking damages of more than $550,000, alleging violation of the student's constitutional rights as well as federal and state human rights and disabilities laws.
Susan Torgerson, a lawyer representing the school officials, called the allegations "exaggerated" and "unfortunate" and said the student was not treated abusively. She said separating a student with autism from class is done only under with a plan agreed to by parents and school officials.
Margaret O'Sullivan Kane, attorney for the parents, said the student, now 21, had a "marvelous educational experience" during previous years in Moorhead schools.
But the lawsuit alleges his behavior deteriorated after he was removed from his special-education classroom last year and kept in the approximately 4- by 8-foot storage closet, attended by paraprofessionals. The lawsuit also says he had episodes of head banging at home and resisted going to school.
When the student's mother discovered where her son was being kept, a sign designating the room as "storage" was removed from the door, Kane said.
School officials won dismissal of the charges earlier this year in an administrative proceeding, citing lack of jurisdiction. That led the parents to file suit Tuesday in U.S. District Court in St. Paul.
The defendants include Moorhead Superintendent Larry Nybladh, special education director Jill Skarvold, principal Gene Boyle and teacher Katie Bormann. The student, not currently receiving public-school instruction, isn't fully identified in the lawsuit.
Torgerson said the defendants could file a response in about 20 days. Judge Donovan Frank is handling the case.
From grandforks.com
The plaintiffs are seeking damages of more than $550,000, alleging violation of the student's constitutional rights as well as federal and state human rights and disabilities laws.
Susan Torgerson, a lawyer representing the school officials, called the allegations "exaggerated" and "unfortunate" and said the student was not treated abusively. She said separating a student with autism from class is done only under with a plan agreed to by parents and school officials.
Margaret O'Sullivan Kane, attorney for the parents, said the student, now 21, had a "marvelous educational experience" during previous years in Moorhead schools.
But the lawsuit alleges his behavior deteriorated after he was removed from his special-education classroom last year and kept in the approximately 4- by 8-foot storage closet, attended by paraprofessionals. The lawsuit also says he had episodes of head banging at home and resisted going to school.
When the student's mother discovered where her son was being kept, a sign designating the room as "storage" was removed from the door, Kane said.
School officials won dismissal of the charges earlier this year in an administrative proceeding, citing lack of jurisdiction. That led the parents to file suit Tuesday in U.S. District Court in St. Paul.
The defendants include Moorhead Superintendent Larry Nybladh, special education director Jill Skarvold, principal Gene Boyle and teacher Katie Bormann. The student, not currently receiving public-school instruction, isn't fully identified in the lawsuit.
Torgerson said the defendants could file a response in about 20 days. Judge Donovan Frank is handling the case.
From grandforks.com