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Lawsuit filed against school district
The suit, which was brought under the Individuals with Disabilities Education Act, does not name the plaintiffs, but refers to them by initials - S.G., an 11-year-old with Autism, and A.G., a 14-year-old diagnosed with Aspergers Syndrome and Attention Deficit Hyperactivity Disorder.
Attempts to reach the school district late Tuesday were unsuccessful.
During the 2007-08 school year, S.G. was a student at Waynesburg Central Elementary School and was enrolled in the school district's Life Skills Program and was mainstreamed in science, social studies, art, physical education, library and lunch classes.
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The suit also claims S.G. was placed in a more restrictive environment when removed him from his inclusion classes, "caused negative cognitive and social effects as well as mental anguish."
Moreover, S.G., who has an allergy to milk and soy products, was given them on a daily basis during the 2007-08 school year.
"Exposure to such products changes S.G.'s personality" and causes his tantrums to increase in intensity.
The suit alleges A.G. suffered from repeated and pervasive bullying in the school, reaching the point in April 2008 that A.G. drafted a "suicide note" that referred to his intention to throw himself down a stairwell to make the pain of the bullying cease.
"The school district took no action with regard to A.G.'s victimization from bullying for a period of almost five years," the suit said.
During part of the 2006-07 school year, A.G. returned home from school each day crying as a result of bullying, "eventually requiring A.G. to enter into additional therapy."
Despite the school district's knowledge of the attacks on A..G., the suit says, the district took no action to provide a safe, social, emotional and physical environment to implement measures to prevent bullying that continued unabated until A.G. was removed from school by his parents following the April 2008 suicide note.
With regard to S.G., the suit claims:
n S.G. was denied access to a least restrictive environment.
n S.G.'s limitations on his ability to perform in school were increased when the school district fed him milk products daily,
n Removal of S.G. from his inclusion classes prevented him from receiving an education to the maximum extent possible with non-disabled peers
n The May 2007 IEP failed to include behavioral intervention plans, behavioral support aides and service, and failed to include appropriate and proper occupational therapy services.
With regard to A.G., the suit claims:
n Representatives and employees of the school district knew, or should have known, the bullying difficulties.
n The school district's failure to act prevented A.G. from participating in extracurricular activities such a band and field trips
n Students tormented, tortured, harassed, bullied and embarrassed A.G. in band, classrooms, hallways, the cafeteria and gymnasium from at least the 2002-03 school year, and specifically in the 2006-07 and 2007-08 school years.
The suit says the school district discriminated against S.G. solely as a result of his disability, failed to provide reasonable accommodation and impinged on his civil rights.
The law firm of Jones, Gregg, Creehan and Gerace are asking for a jury trial, seeking compensatory and punitive damages.
Suit : 10/28/2009
We have now moved from an environment were parents attempt corrective action as they become aware of problems to one where knowledge is noted in a little black book to surface years later in an attempt to get money.
Suit: 10/28/ 2009 : 10/28/2009
I find it ridiculous that parents are not following along day by day with what is going on with their children so that iep and bullying can be adjusted immediately instead of wanting civil action a year later
Suit : 10/28/2009
You are disgusting! Money my foot!!!!! This is absolutely sickening.....I hope every person who was and is invloved in this suit is disciplined to the fullest extent. These children should not have had to experience this. Your environment is warped! Unless you have a child with a disability don't speak about it because you know nothing!
Suit : 10/28/2009
Because of the closure of special needs schools and mental health institutions by Reagan we have this colossal mess to deal with in our school systems. Our schools aren't designed to teach children with disabiities, there isn't enough time or money. It's sad that children with disabilities only have the public school system to go to instead of special facilities where they could learn and flourish in an environment of caring. We are still paying the price for Reagans presidency and now it will Bush's with no child left behind. These are the things, aside from the economy, that seem to linger on.
Suit : 10/28/2009
Hey, it is NOT a perfect world, and poor little "Upset" needs to realize that this place isn't a Disney cartoon! Parents don't bother with the kids they spew out at random to populate the world and they expect everyone else to take care of them. Parents should bear the responsibility of their children, take care of them, interact with the facilities that are paid for by ALL OF US PAYING TAXES. And that's enough thank you! Please discipline yourself!
suit; : 10/28/2009
central greene doesnt do very much when it comes to bullying,my child was bullied from middle school up,thank god she graduated,cause i went to school ive called them and nothing was ever done,it was an evey day thing ,they need to do something to protect these kids.
Not Insensitive : 10/28/2009
We must get away from this "TOUCHY FEELY" liberalism, and get down to a real EDUCATION POLICY....kids with disabilities, or other impairments should not be placed with normal students...PERIOD.
REAGAN HATER : 10/28/2009
Idiot, it was Kennedy who was responsible for that stupid law.....read ad wheep, libchit...Kennedy has been a lead sponsor on every bill augmenting educational services to disabled Americans since 1975, when it was called the Education for All Handicapped Children Act. Now known as the Individuals with Disabilities Education Act, Kennedy led major bipartisan reauthorizations of the law in 1997 and 2004.
unfortunate for all : 10/28/2009
I find this very sad for both the district and the children. Unfortunately, this will cost a lot of money to work out so it's a lose-lose situation. Why can't these things be worked out? Am I that naive to think this could have been negotiated without a lawsuit? Maybe I am. I will be following this story.
Hmm : 10/28/2009
Wouldn't it be the parents job to let the school know if their child had food allergies? Also, if the child knows he has them and drinks the milk anyways, is that the school's fault?
Reagan Crier and Whiner : 10/28/2009
This is who signed the bill into law, idiot...Passage and Funding. Signed into law in 1975 by President Gerald Ford, the Education for All Handicapped Children Act (Public Law 94-142) took effect on October 1, 1977. Although the legislation passed by an overwhelming majority (there were only 14 votes against it in the House and Senate combined16), Public Law 94-142 was not without its critics. President Ford felt the bill would be too expensive, would interfere with state responsibility, and would upset the balance of relationships between parents and local schools.24
iep : 10/28/2009
First off, the parents have the option ot add or remove information in the IEP if they attend the meeting. Usually IEPs are sent home before the meeting so the parents can look at them or have someone more familiar to look at them. In the meeting, parents are free to ask questions and have them answered. It is important a parent looks at the IEP and communicates with the teachers/principals. The parent had to know classes were moving to inclusive because letters were sent home and parents can check their child's schedule. If the student was strictly "Life Skills," the parents should have asked for a different placement. There are rarely any schools that do not have the special education students included in the regular education classroom. This is called the "Inclusive approach."
Upset : 10/28/2009
Your right if we do not have a disabled child we don't know but I know but I would like to hope that we would be in the face of anyone that doesn't take proper care of our kids. Maybe these parents did but we can only comment on what reported here.
Paying for Special Needs Kids : 10/28/2009
The cost of educating these special needs kids is exhorbitant and all of the schools do their best to keep the cost as low as possible so we don't have higher taxes. That said, schools also turn a blind eye to bullying of special needs kids and need to be held accountable to set an example for all the schools to follow the law. Wonder if all the kids' outbursts were related to discrimination or because they were never taught discipline at home. There's always two sides to the story. Too bad C-G will likely spend tens of thousands defending themselves. Good thing it's budget season!!!
Suit : 10/28/2009
Had enough your comments make me sick. I am a parent of a child with mild disabilities. We are also blessed to have enough money to choose where we go to school. After 3 years at a private school we have moved to public school. We have a private Tudor three days a week at home and also see a specialized doctor on Saturdays. This is the case with most of the parents I know who have children like mine. I am in a constant battle with the school district (as I was with the private school) for a better education. Public schools make it near impossible to be involved. Just to have a simple conversation with the educator you have to jump through hoops. Phone calls, set meetings, and paperwork. You cannot just walk into the school/classroom and see what is going on. It is people like you, and teachers who are just there for a paycheck who make our lives more difficult. The Disabilities Education Act is there to protect our children. If they were not here.... people like you (you know, the ones not hugged enough as a child), would make it so the ones who deserve a chance do not ever get it.
All at fault : 10/28/2009
This entire thing is very sad and frustrating. Being a money issue or not, the kids are still suffering and the damage has been done. As parents and a tax paying community, we are all in charge of the well being of each child. If parents fail to notice or respond then it's our responsibility to step up. Maybe our schools aren't designed to teach children with disabilities, but we still need to protect each child and unfortunately we let children slip by everyday. Our schools need to step up, parents need to step up and the community members need to step up!!!!
wondering : 10/29/2009
I would just like to know if this child's aide that looked after him at lunch time was aware of his milk allergy and if so then why was he allowed to have it?
money hungry : 10/29/2009
take care of your own kids
Shame on "most" of you! : 10/30/2009
The insensitivity of some of these comments is appalling. Most of these people probably have no clue what it is like to raise children with disabilities. Also, Autism and Asperger’s Syndrome are not “behavioral” problems, as some suggest. They are a neurological disorder. They also no nothing about the facts of the case or how dedicated these parents are, and what they’ve been through with Central Greene School District. They are also taxpayers too, by the way. As someone close to the family, I know that the personal sacrifice they make to do everything they can for their children and the attempts they’ve made to get the school district to follow established federal guidelines. The school district administration just goes through the motions, and has been grossly negligent in their duties. I find this shameful considering the salary of some of these administrators and the total atmosphere of apathy they exhibit. The parent’s motive is not to get rich, as some suggest. Their motive is to get this school district to do their job when it comes to the area of Special Education. They have been fighting with the school for more than two years to get them out of the middle ages. This is not about getting rich. This is about forcing changes in this school district and hopefully helping children with disabilities that come after them to be taken seriously. They exhausted all other remedies they’ve tried, and it seems the only way to break through their arrogance is to take this to federal court. Shame on most of you whose comments are ignorant, and not based on any knowledge or facts about the case.
Suit : 10/30/2009
Dear "money hungry", where do you suppose children with disabilities should go to school if they live in Greene County?
No Child Left Behind : 10/31/2009
The truth is that this situation is not unique. This same situation happens ALL (24/7/365) the time ALL across the country to children with disabilities. Unless you have a child that qualifies for an IEP, you really can't understand how miserable the experience is for parents and, ultimately, for the children they represent and protect. The schools don't provide the IEP in advance and don't give you a voice during the IEP. They spend hours/days/years attacking you, bullying you, and denying your child an education. They spend taxpayer time and money fighting these battles over and over again. My experience is that the school district starts from the time that a child is 3 years old and continues until they reach 21 and, systematically, denies these children an education. Not because there isn't time or money to teach them but because they are too lazy, uneducated and just plain cruel to provide one. Their attitudes are not unique either. They are a reflection of our society's insensitivity as demonstrated by this comment board. It is probable that these parents have been aware of abuse for many years but were unable to "prove" it. It is probable that the parents did follow every day what was going on with their children but were unable to get any information or cooperation from the schools. It is known by many presidents over the last 30+ years (since before I was born) from Democrat to Republican that the schools DO have the time and the money to teach with proven systems (Direct Instruction) for both typical and disabled children. Bush especially knew the evidence and implemented "No Child Left Behind" because he saw that it is possible. He also saw that he wouldn't have to raise taxes to achieve it (so important to him). Students with disabilities deserve an education and most can accomplish the same work as a typical child. It is the law that parents send their children to school from 6 to 16 and it is the law that the schools teach them something meaningful.
Lawsuit : 10/31/2009
If you don't have a special needs child you have no right to pass judgement on this family. They are fighting for their childrens' rights! If you don't have a special needs child you have no idea what this family or any other with special needs children endure. Our family has two special needs children, both with Autism. Walk in my sister's shoes one day and I am sure you will change your nasty, condesending tone! She is my hero! And, I will stand up and fight for any child who is mistreated!!
Not surprised : 11/2/2009
Having seen firsthand how poorly IEPs are followed at CGSD (MBM in particular), I’m not surprised that somebody is finally calling them to the carpet. My heart goes out to this family and I just want to say THANK YOU for bringing this lawsuit against the district. Hopefully it will benefit other students whose needs are not being met on a daily basis. Also, regarding the bullying, it is extremely pervasive in the schools and I’ll even go so far to say that sometimes certain faculty members can be the worst offenders of the lot. Forget these ridiculous and expensive programs, such as Olweus Anti-Bullying and just deal with these kids in a firm and direct manner. Despite all the training, teachers still don’t listen to the victims, instead calling them tattletales or treating them like they are being babies for coming forward. I hope something good comes from this lawsuit and it institutes some major changes at MBM. I’ve been disgusted with this school for many years.
: 11/2/2009
To: Money Hungry - You are an extremely uneducated person!
Lawsuit : 11/2/2009
Lawsuit also filed Federal against Bonazza, et al Smith Twp Police
from money hungry : 11/2/2009
im more educated then you
lawsuit : 11/4/2009
I wish these parents and their children the best. This is horrible and is happening in all districts. Don't blame the parents until you know the whole story. As a parent of a learning support student, I also sued our district and they offered a settlement better then i would of got in court. Ask yourself why did they offer a settlemet if they weren't in the wrong. There are parents totally involved in there childrens education and we fight these schools on a daily basis. So until you have a child and this type of situation don't pass judgement because you our all ignorant of what is going on in the schools. How about blame the schools and not the kids or parents.
suit : 11/4/2009
Aren't all of our children entitled to a quality education? It's suppose to be a joint effort... you know what's best for the child. Isn't that the right thing to do? The problem is, until you have a child with a disability, you don't fully understand their needs. I pray for all that they don't have to personally experience this but when they do, they run into people as ignorant as they are.
: 11/5/2009
First off, I am a 29-year-old woman with Aspergers, college-educated, married for 4.5 years. Yes, I endured a lot of bullying in school. Like A.G., I was going to kill myself over it. (A "normal" boy in my area killed himself over bullying too. If kids keep bullying, and keep getting away with it, the torture will continue.) People with Aspergers tend to be reasonably bright, often gifted, but extremely socially awkward. If Kramer from "Seinfeld" or Michael Scott from "The Office" or Sheldon from "The Big Bang Theory" were real people, they'd probably have Aspergers. About the other child, how severe is his autism? Autism has several forms and degrees of severity. If he's severely impaired, he might not know to refuse milk, or even how to talk. I do agree that kids with severe developmental disabilities belong in special schools that can better provide for their needs and shelter them from the cruelty of "normal" kids.
lawsuit : 11/6/2009
Having been through similar circumstances in a different part of the country, I applaud these parents for standing up for their children. If we as parents do not, who will? Not the public schools. No way. Never. For the few negative posts here, I just say walk a mile in our shoes before you judge on the parents in any way. And beware because it very well could happen that a child of yours will be a victim of the public school system.
Lawsuit : 11/6/2009
I have been a special education teacher for many years and have recently received my Special Education Su pervisor certification. I guess I shouldn't be too surprised to find out that there are people out there that still have the opinion that separate is equal. That was ruled unconstitutional in "Brown vs. The Board of Education" in the 1950's. I could go on and cite case after case regarding equal rights. The fact of the matter here is that people with special needs have rights. If their rights were violated, then the school district is held liable. Regardless if you agree with the law or not, it doesn't matter. The law is the law period. It is the responsibiltiy of the school district administration to ensure that these laws were followed. (IDEA, Chapter 14 and Gasken all say the same thing.....special needs students have the right to the same education as regular education students. The regular education classroom is first choice. There is an IEP Team that works together to come up with an appropriate plan for each individual. In some cases, the regualr education classroom is inappropriate. Parents must be notified of any changes, and the IEP must be revised. There are procedural safeguards out there for the parents. In conclusion, if the district violated the law, than they should be held accountable. These parents should not be blamed for fighting for their rights. Laws are made to be followed. It doesn't matter if you agree with them or not. For example, you may not wear a seatbelt because you think it is a silly law, but you are still going to get fined if you are pulled over by a cop. And for all of you out there with the opinion that special needs children should be educated separately, according to the Gasken Settlement- "ALL ARE WELCOME." We are here to stay- included with the regualr education students-Thanks to Gasken. Get used to it-IT IS THE LAW!
Allegations & Children with Disabilities : 11/6/2009
After reading several of these posts I see some things don't change. Some of you are willing to accept what was printed in this article as fact when indeed nothing has been proven. Some of you want to come in and bash this School District and its employees because you don't disagree with what you say or think is going on. Where are you? If you are having all these problems with CGSD why are you just in here ranting and raving. Yes the district is responsible for educating the children that reside within its boundries. This includes disabled children and children with IEP's. This is not an easy task. The undertaking is enormous let alone the cost. Some of you try to make it sound like this district ignores or abuses all special needs children. This infact is not true. I have two children in this district that are being educated by following the federal and state guidelines for using an IEP. Both are being educated to the best of the districts ability. I also know that mainstreaming some children or even placing some children into public schools is not always the best answer. There ARE alternitives. Home schooling, Home bound, Charter school such as a Cyber School are some examples. A Public School District is not the catch all fix all. Parents of disabled children have their work cut out for them. But it is their work. Now as far as bullying goes. Morals, manners and respect should be taught at home, not at school. All parents are responsible for their children's actions regardless. If a kid is a bully at school it is not the schools fault. Thank you.
LAWSUIT : 11/6/2009
Disabled children should not be integrated into ordinary classrooms. This is another "touchy feely" experiment gone bad.
Allegations & Children w/disabilities : 11/6/2009
I agree that morals, manners and respect should be taught at home. But the school district has an obligation to ensure that a safe environment is being provided for ALL children. This is the districts number one responsibility. I have no connection or ties with this school district, but do know the Special Education Law. I agree that inclusion is not always the appropriate placement for students with disabilities. It is up to that child's IEP Team to agree to the appropriate placement. If the placement is changed, the parent must be be given a Notice of Removal of Educational Placement (NOREP) and the parent must agree to the decision to remove the student before anything can be changed in the child's IEP. I am not familiar with how much involvement these parents had in the decision making made for their child. I can only speak from the experience I have had as a teacher of students with disabilities-and the parental involvement with my students-which, I am disappointed to report-is not very much. Maybe parents with special needs children should get more involved with their children's education and find out the law which protects these children. Maybe these particular parents did not realize the school district was not following the rules laid out by Gasken or Chapter 14 or IDEA. I don't know the case, however, as I said earlier, if their rights were violated, they have a case. It is up to this schol district to follow the special education law. This district may be doing a great job with the special education students-but it only takes just one mistake- to be out of compliance. And by the way- the law says cost can not be used as a factor regarding a student with special needs. The district must provide the services. And under the Gasken Settlement we are going to see more and more students attending their home schools rather than sending them to specialized schools. Like it or not, change is coming. Look up The Gasken Settlement and read Chapter 14 (PA State Code) and Federal (IDEA)
LAWSUIT : 11/6/2009
You are missing the point OsamaObama-It is not an experiment as you put it-to include students with disabilities in regular education classrooms-IT IS THE LAW. And not ALL students with disabilties are placed in regular ed classrooms. It is according to the IEP Team to place them where they feel is most appropriate. And guess what? These students with disabilities must be given whatever adaptations are necessary to help them be successful in the class. This is called Specially Designed Instruction- whether it be the test read orally, eliminating a choice on multiple choice options, shortening the lenghth of test/assignment etc... And if the regular ed teacher does not provide these SDI's they can be sued for negligence. And furthermore, I am a team teacher and have been in many regular ed classrooms, and mot of the time the best behaved, most motivated students are not the Regular education students - it is the Special ed students- that are behaving the best and respecting the teacher the most. Because you see, obamaosama, kids with disabilities are the same as any other kid, and have the same rights as they do. It goes way back to that famous saying, "All men are created equal."
MONEY : 11/6/2009
I find no fault with the parents asking for monetary damages. Maybe this is the only way that the District will listen and hopefully make changes in the way the special education services are delivered. There are procedures that must be followd and if the district doesn't follow the laws and regulations set out to protect students with disabilities, then it will be costly. If the district did not notify the parent of the change in placement, then they are at fault. These parents must have done their homework-unlike alot of parents who are given the Procedural Safeguards but never read them. Just like ProFootball-there are rules-and if you don't play by them-you get penalized, regardless if you like the rule or not.
Bullying in Greene County : 11/6/2009
Is anyone surprised? Greene County is backward. Bullying is out of control and the school districts refuse to adhere to their statutory obligations. Hopefully more suits are filed because I fear the only way the people will change and become more accepting of others is if they are forced to pay for it with higher taxes. In the end, the taxpayers are responsible because they elect the school boards who permit the culture of bullying to exist. In addition, I really doubt that most people see a problem with bullying. Greene County really needs to join modernity sometime instead of promoting a backward, blue collar mentality that is bigoted against anyone whose different.
wee : 11/6/2009
it is not right for students that get "helped" to get the same diploma as a student that bust his butt to get the grades.. i know maybe off topic and insensitive but the education sucks.. period ... i remember a time when fights settled agruments and then they were friends the next day.... things are different now.. no one truly knows unless you are in that environment so idk
Reality : 11/7/2009
These kids should not be main streamed. They will not learn to potential and sorry but true they are holding the others back from class room instruction. There needs to be a different set up for children that have disabilities.
Lawsuit : 11/8/2009
Unfortunately, not all are created equal. Some are created with debilitating conditions both phsical and mental that inhibits them from being integrated successfully with those who have no such conditions no matter what the law states. It certainly may be perceived as unfair to the disabled to separate them from the mainstream students, but on the other hand isn't it seemly unfair to the unafflicted and the regular ed teachers to be subjected to multiple standards in regard to educating these disable kids? Indeed a tough question to answer. Which is why we have the court system to sort out the best solution to the problem. Too bad it also costs Joe Taxpayer a bundle in attorney fees.
Lawsuit : 11/9/2009
I agree that all are not created equal. That is why we have differentiated instruction. The district may have done what was in the best interest of the child, but if they didn't notify the parents then they did not follow the proper procedures, therefore now the taxpayer has to pay for the district's mistake. The parents are just exercising their procedural safeguard rights
KIDS WHO RECEIVE HELP : 11/9/2009
As a special ed teacher, I must agree. It is not fair that some students work really hard for their grades and others receive help and receive the same or better scores. It is also frustrating when senior rankings are calculated at the end of the year and some of our learning support students are ranked way ahead of the others. Something needs to change-I agree-I also think special ed kids should not have to take the same PSSA's as regular ed
