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Parent files suit against Fort Mill school district
Complaint states disabled son didn't get 'appropriate' education, seeks money for private school
By Karen Bair · kbair@heraldonline.com
Updated 05/03/08 - 12:40 AM |

A mother who contends the Fort Mill school district denied her son a "free appropriate public education" under the Individuals with Disabilities Education Improvement Act has filed a lawsuit in federal court seeking financial compensation.

The suit essentially appeals decisions by administrative hearing officers supplied by the S.C. Department of Education at the local and state levels, said David Duff, the district's attorney.

In the complaint filed in U.S. District Court and dated April 26, the mother, Janet B. Frazier, seeks funds for placing her son in a private residential school, attorney's and other legal fees and compensation of $5,399 for other services she provided for her son herself.

The complaint by Frazier's attorney, Erik T. Norton, states that her son has been diagnosed with Asperger's Syndrome -- a mild form of autism -- Attention Deficit Hyperactivity Disorder and a disorder of written expression.

Norton on Friday said he could not comment without permission from his client.

His complaint states, "These disabilities primarily affect ... attention span, social and emotional skills, self-help skills and his ability to write."

The complaint alleges the school district failed to provide counseling or "meaningful services or instruction" at the elementary or middle school levels and claims he regressed in the eighth grade. District intervention that began at the high school level helped, but did not compensate for lost progress, the complaint claims.

When Frazier moved to a different school district in another part of the state last year, Fort Mill schools officials did not put some aspects of his Individualized Education Plan in writing, and he regressed, the complaint states.

Frazier sought an independent hearing in September 2007. The local hearing officer decided the student was not denied a free appropriate public education, but awarded Frazier money for counseling services she provided for her son. Frazier appealed that decision, but the state review officer denied the appeal.

Duff said he will file a response to Frazier's federal court complaint, but is not certain it will go to trial.

"We believe, and the administrative hearing officers believe, the district had appropriately served this child," he said. "We continue to believe that."


Karen Bair • 329-4080

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