Oldham County school at odds with parents of autistic boy

May 19, 2008

Charges met by countercharges
By Deborah Yetter
mailto:mdyetter@courier-journal.com

Oldham County school officials say they will seek truancy charges against a Centerfield couple who removed their autistic son from his public elementary school after learning he'd been locked repeatedly in a small "time-out" room.

Jeanie Montgomery, who pulled her 9-year-old son, Matthew, from Crestwood Elementary on March 31, had requested home educational services for him for the rest of the school year, citing his medical and psychological problems, as well as concerns about cuts and scrapes he received at school. She said she has reported those concerns to state child-abuse authorities.

State law allows school districts to provide homebound services for children whose families prove that an illness or disability makes it inadvisable for them to go to school.

But Oldham officials rejected Montgomery's request, and on May 8 they sent her and her husband, Robert, a "final notice" warning that school officials would take them to court if Matthew wasn't returned to school, according to a copy of the letter the family provided The Courier-Journal.

Jeanie Montgomery said she and her husband have no plans to comply.

"I don't think Matthew needs to be in that environment," she said. "I think it's been very damaging to him."

Oldham County school spokeswoman Rebecca DeSensi confirmed that the school system plans to seek charges. She said school officials don't believe Matthew qualifies for home services and said state child-abuse investigators have not reported that he is in any danger if he returns to finish out the school year, which ends June 5.

"That's why we are expecting him to be in school," she said.

Oldham County policy deems a student truant after six unexcused absences. Matthew has accumulated 22 unexcused absences from March 31 through May 7, according to the school system's May 8 final notice to Montgomery.

DeSensi said the school system applies the policy to all children.

"The state says kids must be in school," she said.

But Montgomery said she believes Matthew was mistreated at school, including being placed nearly 80 times in the time-out room last fall, sometimes locked in. On his last day of school, March 28, Montgomery said Matthew came home with injuries including abrasions that Kosair Children's Hospital reported to authorities as possible abuse.

DeSensi said state investigators have not told the school system anything about their investigation -- including whether they have reached any conclusions. State officials have told

The Courier-Journal they can't comment because of confidentiality laws.

DeSensi and Anne Coorssen, general counsel for the Oldham school system, discussed many specifics of Matthew's case in an interview Wednesday, including the decision to deny him home services.

But they said they could provide more information if Matthew's mother would sign a release. Montgomery declined, saying she has lost trust in the school system and isn't willing to sign any documents they produce.

Oldham County Attorney John Fendley, who handles truancy prosecutions, said the case hasn't reached his office. But generally, he said, parents reported to him by the school system are charged with the misdemeanor offense of unlawful transaction with a minor.

The penalty is up to one year in jail and a $500 fine.

"These are not easy cases, believe me," said Fendley, adding that he evaluates each case before deciding how to proceed. "This autism situation is going to be a difficult one."

Matthew is considered severely autistic and has limited speech, but his private therapists who work with him at home say he is intelligent and capable of learning. Matthew had been in a class with other autistic students at Crestwood Elementary but recently had been receiving much of his instruction alone in a separate classroom, according to his mother and therapists.

Position elicits surprise

The school system's intent to seek charges against the parents shocked Terry Brooks, executive director of Kentucky Youth Advocates and a former educator and high school principal.

"That's amazing," he said. "I would hope that the school system would reconsider its position and focus on the best interests of the child."

State law gives local school districts broad discretion on whether to offer home services, said Lisa Gross, a spokeswoman for the state Education Department.

"It's all about what's appropriate for the particular child's need," she said. "It really is a local issue."

In Jefferson County, about 4,200 of the public school system's 98,000 students -- about one out of 23 -- received home educational services this year, according to school officials.

In Oldham, 35 of the system's 12,000 students -- about one out of 340 -- were approved for home services this year, DeSensi said.

To receive home services, state law requires a signed physician's statement that the child's condition "prevents or renders inadvisable attendance at school."

Montgomery said she has provided two such letters from Matthew's pediatricians, the last one asking for more time for an independent psychological examination of the child.

A March 28 letter from Dr. Jeff Wampler, with All Children Pediatrics, cited Matthew's autism and other health issues, including allergies and gastrointestinal problems, as a reason for requesting temporary homebound services. On an application the school requested, Wampler also cited "investigation for abuse at school."

In a follow-up letter to Oldham school officials on May 1, Dr. Jeffrey Burton said he believes Matthew may be suffering from fear and stress over his experiences at school and requested time for a psychologist's evaluation.

"I would encourage you to allow Matthew's parents more time and latitude before you start any type of legal proceeding," Burton wrote.

But Coorssen said the school system does not believe the physicians' letters adequately detailed Matthew's medical problems.

"Those are just blanket statements you can get from anybody," she said.

School defends itself

DeSensi said Oldham school Superintendent Paul S. Upchurch would not comment on the case because he does not talk to reporters. But she said he believes the district has handled
Matthew's case appropriately.

"The superintendent believes that all Oldham County schools are safe," DeSensi said. "We have excellent services for all of our special-needs children."

Montgomery disagrees.

"Everyone's got such a wonderful perception of Oldham County schools," she said. "If you have a special-needs kid, they are not doing their job, as far as I'm concerned."

Montgomery said she met with school officials repeatedly to try to resolve the situation before deciding to remove Matthew. She said she, her lawyer and a therapist met again with school officials for about 10 hours over two days last week in an unsuccessful attempt to agree on an educational plan.

Montgomery said school officials offered to transfer Matthew to another school -- but only if the same special-needs teacher accompanied him. Montgomery said she wouldn't agree to that.

She said school officials also insisted they needed to continue use of a time-out room for misbehavior, which Montgomery and Meghan Launius, a therapist who works with Matthew at home, said is nothing more than an empty, poorly lit closet.

School officials cited Matthew's aggressive behavior -- hitting, scratching or trying to bite staff -- as the reason they need to continue use of the time-out room, said Montgomery and Launius, who also attended the meeting.

"They seem to believe that because his behaviors are getting worse, it's okay to be more punitive," Launius said. "I think he's acting that way because they are acting more punitive."
School records the family obtained showed that Matthew had been placed in the time-out room nearly 80 times last fall.

School officials removed a lock on the room after Montgomery observed a teacher releasing Matthew from there during an unexpected visit to his classroom in November.

Before that, Montgomery said she hadn't realized Matthew was being locked in the small room and thought time-out meant he was being isolated in his classroom.

Coorssen said in April that school officials didn't know who put the lock on the time-out room door, but had ordered it removed and were investigating how it got there. She said Wednesday the investigation is continuing.

Montgomery said her next step is to pursue a formal complaint with the state Education Department, alleging Matthew is being denied appropriate educational services.

Meanwhile, she said she is prepared to defend herself against possible truancy charges.

"I really think they thought I was going to be scared of them, but I'm not," she said. "I know they've made some huge mistakes."

Reporter Deborah Yetter can be reached at (502) 582-4228.