Two families with autistic children are in the process of suing Lake Orion schools, claiming the district is in violation of a federal special education law.
The Barretts and Krolls said because their autistic sons Taylor Barrett, 2, and Hayden Kroll, 4, aren’t offered the appropriate services or out-of-district funding for them, the district has butted up against the Individuals with Disabilities Education Act (IDEA).
Mark and Pam Kroll, who said they’ve been spun around in circles by the district for years, filed a suit on Dec. 10, but still have one more sit-down planned with the district before anything goes to trial.
‘They want us to shut up and go away,? Pam Kroll said.
Michael and Lisa Barrett, whose son is younger, have been dealing with the matter for seven months, but said they’ve had a similar experience while trying to get Taylor the proper education and care with his condition.
‘They’re really lacking the right leadership. They’re in violation of numerous things by not providing Taylor an appropriate program that’s working for him. Right now, we’re paying for it out of pocket,? said Michael Barrett.
After several meetings with administrative members of Lake Orion schools, including Julie Stucky, director of special education, Heidi Kast, assistant superintendent and the district’s attorney, Matthew Bell, the Barretts are gearing up to file a suit themselves.
At the heart of the conflict is how best to provide educational services for children with autism, a complex condition that begets complex special education approaches.
The Barretts and Krolls say the district should offer a certified Applied Behavior Analysis (ABA) program and provide more research into results of the current program, which they say is a hodge-podge of different approaches.
They also said an approach aimed at individual student needs is not only necessary, but protected by federal law.
And if the district can’t or won’t offer this, the families said funding should be available for their sons to go to places like the Early Intervention Center in Southfield, where both Hayden and Taylor both attend at a pricey $2,000-per-month.
‘What’s unique about autism, is that it has to be an individualized plan,? Michael Barrett said. ‘Lake Orion does not offer individualized plans, which is against the law. They try to pigeon-hole children into what they provide. That is against the law.?
Pam Kroll said it was obvious that what the district tried doing with Hayden wasn’t right from the beginning.
‘They were trying to jam a round peg in a square hole,? she said.
Superintendent Ken Gutman was legally unable to comment on the specific cases of the Barretts and Krolls, but he did say, as a rule, it is the intention of the special education department to individualize instruction, programs and services for each student.
‘When appropriate, this involves hiring additional staff, involving outside consultants and obtaining resources to help a child attain his or her goals and objectives,? Gutman said.
Parental involvement, according to the superintendent, is encouraged.
‘We have extremely high regard for parent input as it is vital to their child’s success,? he said.
In the case of autism, he said the district works closely with an ABA consultant.
‘We are confident that we not only operate within the law, but that we also address the unique needs of each special education student with integrity, compassion and an unwavering commitment to their success,? he said.
A change in how autism is classified also has the district taking a harder look at how they approach it.
‘When the classification of autism recently changed to autism spectrum disorder (ASD), it was clear to us that this signified the recognition that ASD encompasses a wide range of abilities and needs and that we must be certain to make decisions that meet the specific needs of the individual child.? Philosophically, we believe we must offer multiple methodologies to meet these needs,? Gutman said.
Both the Barretts and Krolls have other children in Lake Orion schools and have good things to say about the system besides this issue.
Pam Kroll’s daughter, Harper, 6, is a first-grader at Orion Oaks Elementary.
‘They’re exemplary schools if they’re not specials needs,? she said.
The Barretts other son, Zach, 5, is autistic, as well, but the approach with various different elements works for him, they said.
Just not for Taylor.
Or Hayden Kroll.
For them, their parents say needs aren’t being met and the district is breaking the law in the process. They think that since the district doesn’t offer the proper individualized services, they should pay for their sons to get it out-of-district.
They said the lawsuits aren’t just for their own kids, but for all autistic students in Lake Orion present and future.
‘We’re not in there trying to dig them for money, we’re trying to get them to do the right thing for all the autistic children in the district,? said Michael Barrett.