By William Croyle
Enquirer contributor

The parents of a seventh-grade special education student at Highlands Middle School are seeking nearly $300,000 from the Fort Thomas School District for the cost of home-schooling their son.

Paul and Cheryl Hansman filed an administrative complaint with the Kentucky Department of Education in April. Depositions are scheduled for today and a due process hearing will begin next week.

The Hansmans pulled their son, Paul, out of school in December in a dispute over how the district was educating him and what equipment it was providing.

Paul, 14, has a neurological disorder that makes it difficult for him to communicate verbally.

The Hansmans claim that for the last two years, the district has not provided Paul with what he needs to function in a mainstream classroom, such as a one-on-one teacher aide and special learning equipment. They also say his classroom work has not been modified to his level, and that he has developed a school phobia.

"Every child is entitled to a free, appropriate public education in the least restrictive environment under the Individuals with Disabilities Education Act," said Cheryl Hansman. "I want him to be mainstreamed in a regular class, and the district is supposed to provide modifications to make that happen - but they have not done that."

The Hansmans want the district to reimburse their expenses for home-schooling Paul the last five months, pay for the next two years of home-school and summer school, pay for supplies and for an additional room on their home for Paul's instruction.

Fort Thomas assistant superintendent Rita Byrd said the district could not comment on the case under the Family Educational Rights and Privacy Act. The district's lawyer, Donald Ruberg, added that the district could talk about the case if the Hansmans gave permission, but Cheryl Hansman refused.

Dan Brittenham, a FERPA case worker in Washington, D.C., said a violation of the act, which protects the privacy of student education records, could result in the district losing federal funding.

The district provided Paul with a personal aide - Jayne Cruse - when he was in third, fourth, and fifth grades at Johnson Elementary School. But no personal aide was assigned after that, and, when his parents pulled him out of the middle school in December, he was attending some special education classes and some mainstream classes.

Hearing next week

Cruse, who has worked in the district for 13 years and still helps Paul after school on her own time, will testify at the due process hearing next week.

"I don't want to be against the school or against Cheryl," said Cruse. "I'm going to tell the truth. I'm obviously hoping to help the child. That's all I'm concerned about."

In April, Cruse sent a letter to Dr. Paul Ebben, a clinical psychologist in Frankfort who evaluated Paul last month. Cruse told Ebben that Paul progressed at Johnson Elementary each year, but that when she started working with him again in February at home, she "could not believe this was the same child."

She wrote that Paul sits behind a chair when working with her, and that "it seems as if something traumatic has happened to him.

"He has forgotten all of the skills that he knew in the third grade."

Ebben recommended an aide and computerized software, and said modifications to his educational program should be made, his analysis shows.

The Hansmans also have had Paul evaluated at Children's Hospital Medical Center and St. Elizabeth Medical Center. Documents show those evaluations agree that Paul would benefit from an aide and a modification in his educational program.

Time needed

Amy Arnold, an educational consultant who observed Paul at Highlands Middle School for three hours in November at the Hansmans' request, said she believes the district has not taken the time to get to know Paul or his disability.

"The special education teacher was really not concerned with what Paul was learning. She was there just to direct him and tell him what to do," Arnold said. "He needs an aide and needs the technology to help him communicate."

Letter sent

Superintendent Byrd sent a letter to the Hansmans in March offering to provide Paul with an in-home teacher, a speech pathologist and a Dynavox - a computer that aids those with speech disabilities. But the Hansmans rejected the offer because they wanted to choose the instructors the district would hire for Paul themselves.

"Their offer failed to take into account Paul's school phobia," said Randy Blankenship, the Hansmans' attorney. "We felt that with all of the emotional problems Paul has had, it would be inappropriate to thrust new people on him."

Blankenship said the district then filed truancy charges against the Hansmans. Those charges are pending, depending on the outcome of the due process hearing, he said.

Bob Brick, co-director of Families and Advocates Partnership for Education, said in 2000 only 3,020 children out of 6.5 million nationwide who receive IDEA funding services went through a due process hearing like the Hansmans are facing.

Expense an issue

"Parents usually try to avoid it because all of this becomes an expensive proposition emotionally and financially, and some parents fear repercussions from the community or the district," Brick said. "If they've reached this point, I would guess the family just believes the school has not negotiated in good faith, and the due process hearing will determine that."

• What's next: Next week's hearing will be conducted by an officer appointed by the Kentucky Department of Education. It will be heard at the school district's central office June 13, 14, and 21, with a ruling expected before the start of the 2003-2004 school year.

E-mail williamcroyle@yahoo.com