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The Daily Tar Heel

Disabled student sues Chapel Hill-Carrboro City Schools

Earlier this year, a court dismissed two parents’ claims that their autistic daughter didn’t receive appropriate educational services from Chapel Hill-Carrboro City Schools.

The parents sued the Chapel Hill-Carrboro City Schools Board of Education in March 2010, but their claims were dismissed by courts Sept. 30 after the court found the family did not exhaust most administrative remedies. The board went into closed session during both of its meetings this month to discuss the outcome.

Board Chairwoman Michelle Brownstein refused to comment on the case.

E.L., an eight-year-old autistic girl, qualifies as a child with a disability under the Individuals with Disabilities in Education Act, or IDEA, according to the court documents. Because she is a child, E.L.‘s full name was not disclosed in the documents.

Representatives from Tharrington Smith LLP, the district’s attorneys, also would not comment on the case.

E.L.’s parents claimed she was denied a free, appropriate public education by the school district under the IDEA.

Lindsay Jones, director of public policy and advocacy at the National Center for Learning Disabilities, said all students who qualify under one of its 13 eligibility categories, which include a wide range of mental and physical disabilities, are covered by IDEA.

“It requires schools and parents to work together to develop individual education plans (IEPs) that outline student needs and services,” Jones said.

Typically, autistic students’ IEPs entitle them to one-on-one services.

E.L. claimed she did not receive the appropriate speech language attention she needed, and her
family sued to get reimbursement for private educational service and attorney’s fees, the court documents said.

E.L. also attended the Frank Porter Graham Child Development Institute, a separate entity from the school district. E.L. also received help from private specialists.

In March 2010, E.L.’s parents removed her from the center and the public school and enrolled her full-time at the Mariposa School for Children with Autism in Cary.

The board said the court should dismiss the claims because E.L.’s individual education plan did not require one-on-one services, according to court documents.

After reviewing her individual plan, the court ultimately found the school district did not violate her individual education plan, the documents state.

No one from the district could comment on the future of the case.

city@dailytarheel.com

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