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Family of Special Needs Student Files Suit Against Moon Area School District

The Moon Township family, whose son was suspended after reportedly threatening other students, is requesting compensation for their son's education.

First published at 9:50 a.m. Nov. 28. 

 

The Moon Area School District has been sued in federal court by the family of a former special needs student who was suspended in May 2011 after reports he threatened students and staff. 

Lora and Paul Schreiber, of Moon Township, and their 19-year-old son Colin filed the lawsuit on Nov. 21. 

In the complaint, the family claims the district failed to provide appropriate special needs education for their son, who has been diagnosed with Attention Deficit Hyperactivity Disorder, Obsessive Compulsive Disorder, Autism-spectrum and mood disorder. 

The complaint alleges that the district then ignored a state order to provide money for compensatory education. 

The Schreibers said district officials were delayed in providing an assessment of Colin's disabilities after they relocated to Moon from Oklahoma in 2010. 

The district must pay the Schriebers the amount it would have spent for professional employees for 424 hours of education, including the amount it would pay a special education teacher in salary and fringe benefits, according to the complaint. 

Colin was suspended in May 2011 after faculty discovered a notebook belonging to the student that contained graphic language, including racist and misogynistic slurs and violent imagery.

Colin was removed from school following the incident and police searched the Schreibers' township home.

The Schreibers said that notebook was a part of a weekly therapy session with a mental health clinician. Colin was held in the Shuman Juvenile Detention Center in Lincoln-Lemington for 35 days following the incident.

The family said in the complaint that Colin did not pose a threat to his classmates or district staff. 

The Schreibers also claim in the suit that the district moved to prevent Colin from attending the Parkway West Technical School and worked to "stigmatize and humiliate them." 

The family is requesting a jury trial, the payment of unspecified damages and reimbursement for attorney fees. 

Alice Nevada November 28, 2012 at 10:38 PM
I guess that education is so important to this family that they waited until several years later to try to collect big dollars because their borderline anti-social "child" did not get treated like a prince by the school district. Unreal. Please, have a jury trial and try and convince regular folk that that your menacing child deserved the world on a string for threatening faculty and the security of a community that has no IEP to protect them. GOOD LUCK!
Vicki November 29, 2012 at 02:03 PM
As a parent of a special needs child , whom had an IEP, and another with ADHD was an IEP or 504 Plan NOT in place? It should have been from the day the child was registered within the school district. We moved last year to a different school district & I had mine in place the day my children started the new district. I'm not saying I'm a better parent etc but just trying to point out that it should've been in place from day 1. Also, I don't know much about the juvenile centers etc but in my opinion, if the notebook was part of his therapy session why was he there for 35 days? This boy may not have meant not to harm anyone but whatever was in that notebook shouldn't have been taken to school and it had to have been pretty bad if they searched the parents home, which in all honesty would have scared me if this was to happen in my own child's class. The school, however, should've made arrangements for the Schreiber boy to attend school elsewhere where they could meet his needs more. Parkway West, in my opinion wouldn't have been suitable for him at that point and they can only take so many students per class/session and there is a deadline to apply by plus I believe a waiting list. I'm on the fence about this situation and would like to know more and if there was an IEP or 504 plan. I know a couple people whom have children with Autism & they have one.
Life's a Beach November 29, 2012 at 07:12 PM
Bottom line, the district had to protect the students and staff in a situation like this. The parents saying this kid didn't pose a threat doesn't jive with the authorities holding him for 35 days and searching their home. I agree with Vicki. If the parents didn't have the appropriate IEP or 504 Plan in place, he shouldn't have started school until then. Something isn't right here.
Joe Johnson February 01, 2013 at 02:45 AM
Getting an IEP or a 504 Plan in MASD is easier said than done. All these stories that you read only scratch the surface. You only hear a fraction of what actually transpires. Granted, they have to be written objectively, but there is much more to them. I hope the Schrieber's get the financial redemption that they seek, because I'm sure that they will never get the fair treatment for their child that they deserve. MASD can kiss my ass.

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