Judge rules for school district in Cohasset special education trial

December 14, 2007 03:19 PM Email| Comments (0)| Text size – +

By James Vaznis, Globe Staff

A Norfolk Superior Court judge ruled today that Cohasset public schools can continue providing special education services to an eighth-grader against the wishes of his parents, who want him out of the program.

Judge Patrick F. Brady issued the ruling today from the bench, according to the family and an attorney for the school district. It came after a day and half of testimony from teachers and administrators who have worked with the 13-year-old over the last two years at Cohasset Middle/High School. Brady has not yet filed the decision in writing.

Cohasset schools Superintendent Denise M. Walsh praised the ruling.

"It reinforces to our professional staff that they never lost the focus on putting that child first and at the center of all decisions," Walsh said. "They believe every child is a winner and every child can be successful. I'm very proud of them."

Peggy Lewis, the boy's mother, said the ruling was a setback for parental rights.

“This is truly devastating to all parents who have children on an IEP,” she said, referring to the individual education plans school districts develop for each special education student. “What it means in fact when you sign an IEP for your child, you sign away your parental rights ... Don’t sign on the dotted lines.”

Cohasset sought a court order earlier this year to keep the boy in special education, arguing that he needed the one-on-one supervision and additional tutoring. It also argued that the boy required a specialist to cope with a communication disorder.

The parents wanted the boy removed from special education because they maintained that it was not working and that the school staff had been harassing their son by monitoring him too closely. They objected to a behavioral assessment, which the court allowed to take place after the judge determined that special education services could continue while the matter was pending.

Education observers say the case is unusual because it is usually school districts that object to parents’ demands for special education. Cohasset officials have argued that letting the boy out of special education would deny him his state right to a free and appropriate education.