April 09, 2004
Kanawha school district officials settle court dispute
By Chris Wetterich
STAFF WRITER

The Kanawha County Board of Education has made a court-ordered payment of $460,000 to settle a dispute with the parent of an autistic child.

The settlement, approved April 2 through mediation in federal court, pays $360,000 to a trust for Logan Gentry, 20, to be used for educational expenses so he can get a high school diploma. The other $100,000 goes to Nick Casey, the attorney for Gentry's mother, Anne.

Gentry has autism, a neurological disorder often characterized by repetitive behaviors, difficulty with language and lack of interest in the outside world. He also suffers from explosive behavior disorder, according to court documents.

The Gentrys have been in a protracted legal battle for about six years over Logan's education, said Casey.

After Gentry kicked a teacher at Sissonville High School in 2000 and broke her leg, the school district decided it was no longer appropriate for him to be in a regular classroom, according to a report adopted by U.S. District Judge Joseph R. Goodwin. A Department of Health and Human Resources hearing officer agreed. Also, Gentry was adjudicated in juvenile court for the incident.

The incident was notable because of the reaction it produced. A crowd of students, parents and teachers shouted at school board members during a November 2000 board meeting, saying that they wanted Gentry expelled. The report adopted by the court called comments made by one school board member "inflammatory."

The state must provide each student with a free education. For special education students, it must provide services until the age of 21. Anne Gentry reached a settlement in 2000 with the Kanawha County School Board to provide Logan's education outside of school, the court's report said.

The legal wrangling erupted over whether the school district should provide in-home educational services. The school board did not believe providing such costly services was required under state law, according to the court's report.

"There was a disagreement over the quality and quantity of the services," Casey said. "We came to a settlement at the administrative level. We got into a disagreement over what the settlement agreement was supposed to be."

The school board took the case to federal court, asking a judge to sort out what the agreement meant. The two sides agreed that Kanawha County Schools would no longer have to provide any services to Logan Gentry in exchange for the money.

"The monetary value ... more or less equates to a buy-out of the cost of services to be provided to Logan Gentry from age 16 to age 21 and will be sufficient to provide Logan with the services he needs and to which he would be entitled by law," the court's report says.

Gentry is working part time, doing a data entry job for the National Weather Service. He will live with trained personnel in a house bought by his grandfather, according to the court's report.

The board of education's treasurer, Harry Reustle, confirmed Thursday that the settlement had been paid.

"This type of thing normally happens to us every two or three years. That's why our legal expenses are always going up," he said. "The amount appears large, but it will save county money in the long term."

Superintendent Ron Duerring said the school board had no choice when it came to the amount of the settlement because the court determined the sum.

"We get into litigation like this all the time. When you deal with kids and parents, these kinds of things happen," he said. "Sometimes it's less expensive to settle and get things done faster."

But at least four school board members were caught off guard Thursday when they heard about the settlement and the amount from reporters. School board president Jim Raglin and board members Jim Crawford, John Luoni and Pete Thaw said the administration had not kept them in the loop about the dispute's resolution.

Thaw said he tried to get information from administrators, but no one was there.

"I think it's a riot. Apparently, we have settled some lawsuit for $400,000," Thaw said. "All these high-paid executives are on spring break."

To contact staff writer Chris Wetterich, use e-mail or call 348-3023.


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Send letters to the editor to letters@wvGazette.com (200 word maximum)

Edited by: OCLB at: 7/7/04 5:06

OCLB
OCLB Co-Administrator
Posts: 739
(4/16/04 17:59)
Reply Re: Kanawha County Schools' Settlement
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Board to pay out $460,000
Money being paid to settle with mother of autistic student

Jan Boyles
Daily Mail staff
Friday April 09, 2004

The Kanawha County school system has agreed to pay $460,000 to end its long and often contentious relationship with the mother of a 20-year-old autistic student.

Documents released as part of the settlement disclose that an "individualized education plan" for the student, Logan Gentry, called for:

A laptop with Internet access.

A cell phone.

Community outings.

Specialized transportation.

A full-time autism teacher.

A full-time autism mentor.

A speech therapist.

Four consultants.

In addition, Logan's mother, Anne Gentry, had asked the county school system in 2002 to rent an apartment in downtown Charleston as part of round-the-clock educational services for her son, court records show.

On April 2, the Kanawha County Board of Education entered into a court order for $460,000, ending its obligation to provide such services to Logan Gentry.

Board member Pete Thaw said Thursday he wasn't aware of the settlement.

"We should have fought this until hell freezes over," Thaw said. "And then we should have fought it on the ice."

Under the federal Individuals with Disabilities Education Act, school systems are obligated to provide free public education services until special needs students, like Logan Gentry, enter their early 20s, said Superintendent Ron Duerring.

"We have to look at how much will it cost to continue to educate a student," Duerring said. "In the long run, it's a cheaper way to enter into this court order."

Of the $460,000, $100,000, will go to Nick Casey's law firm -- Lewis, Glasser, Casey & Rollins, LLP. Casey was the lead attorney in the attempt to force the school system to provide services for Gentry. He had formally asked the court for $94,282.61 in fees, court records show.

The Gentry family will use the remaining $360,000 to provide supplemental educational services for their son, Casey said.

The agreement was reached after mediation in federal court.

Kanawha County Schools Treasurer Harry Reustle said the $460,000 will come from the school system's $195 million budget, which contains a contingency line item for such occurrences, Reustle said. He added the school system expects such payouts every few years.

"It looks like a lot and a big number, but in the long run, it would cost us more to provide these services," Duerring said.

Gentry is one chemistry lab credit shy of receiving his high school diploma, Casey said.

Gentry briefly worked in the board's central office and was paid a salary for his duties. He updated attendance records for the school system, Casey said.

The position was part of the county's work study program, Duerring said.

"It's a way for our special needs students to learn different work skills and make money," Duerring said.

Anne Gentry has filed numerous complaints regarding her son's education. She reached an initial settlement in 2000.

The renewed petition concerned whether Kanawha County Schools was liable for in-home educational services for the student. The school system asked U.S. District Judge Joseph Goodwin to decide if the system was obligated to provide round-the-clock assistance.

Gentry was diagnosed with autism in 1985, according to court documents. As a result, educators developed an individualized education plan to address his special needs.

According to court documents, in 2000 he struck a Sissonville High instructor and injured her knee. Thereafter, court officials deemed that Gentry should not remain in a regular classroom.

Gentry was temporarily educated in a converted locker room at Laidley Field until a conference/meeting room was converted at the Edison Annex, according to court records.

Anne Gentry filed a complaint with the West Virginia Department of Education, asserting that her son's individualized education plan was not properly implemented at Laidley Field.

Her desire was for her son to be enrolled in a 24/7 residential program. She offered to allow the school system to provide the educational services within her home if she was paid $500 rent, court records state.

Court filings dated April 5 state that Logan Gentry will be moving into a house purchased by his grandfather.

Writer Jan Boyles can be reached at 348-7918.


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Autistic student's mother defends her demands
She says system failed to educate her son adequately
Jan Boyles
Daily Mail staff
Tuesday April 13, 2004

In the middle of a mounting controversy, Anne Gentry said the $460,000 settlement regarding her 20-year-old autistic son equated to a "buyout" of his education.

Gentry, a veterinarian from Sissonville, ended her protracted legal battle with Kanawha County Schools after mediation in federal court.

The settlement, reached April 2, awarded the family the estimated cost of expenses to educate her son Logan between the ages of 16 and 21, Gentry said. About $360,000 of the settlement went to the Gentrys; the remainder went to their counsel, Lewis, Glasser, Casey and Rollins, LLP.

In short, Gentry said she did not want her son "isolated" from other students despite his intermittent behavior disruptions. She sought complete inclusion for her son into the regular classroom.

Superintendent Ron Duerring said today he could not comment on the intricacies of the case, stating he's bound by law not to discuss specific student matters.

Gentry said her son's often-violent attempts to act out were a form of communication.

"His behavior was a function of his disability," Gentry said.

Court records indicate Logan struck a Sissonville High School instructor and injured her knee in 2000. After the incident, court officials decreed Logan should not re-enter a normal classroom environment.

Gentry said she initiated a campaign to expand professional development for instructors on how to best educate her autistic son. She also negotiated modifications in Logan's "individualized education plan."

The items in Logan's individualized education plan were justified, Gentry said.

Logan required use of a laptop because he labored to write legibly, she said.

In addition, the cell phone detailed in Logan's individualized education plan was not for her son's use, but for an instructor in case Logan had a disruptive incident.

The provision for "specialized transportation" was developed because Logan was "banned from riding school buses," Gentry said. Autism teachers and mentors swapped responsibilities for picking Logan up and driving him to the Edison Annex for school.

Several meetings were conducted to monitor Logan's progress, but Gentry felt school administrators were "uncooperative."

Throughout the legal quarrel with the school system, Gentry said she didn't want her son home-schooled.

"I was not going to take the equivalent of a few hours a couple of days a week for Logan's education," Gentry said.

If Kanawha County Schools was going to use the Gentry's Sissonville home to educate Logan, she asked the system pay her $500 rent.

"It's not my job to find a place to educate my son," Gentry said. "I don't have to allow people into my home."

Gentry said she believed an initial agreement reached with the school system in 2000, establishing the county would provide round-the-clock residential services for her son, stipulated that the board would contract with a behavioral health agency to assist her son.

She said her son was 1 1/2 credits away from graduation before the settlement was reached, but she contends Logan was "pushed through the system" and "received credits without receiving proper instruction."

"This is the time that we need to be nurturing him," Gentry said. "We don't need to be throwing him out to the wolves. It was unacceptable to just run him through the system without making sure he had the skills he needed."

Logan excels at data entry work, his mother said. He can type nearly 100 words per minute and has updated records for Kanawha County Schools, the Prevention Resource Center and the National Weather Service, where he currently works as a volunteer updating the daily readings for temperature and rainfall for Southern West Virginia, Gentry said.

Gentry said Logan's grandfather recently purchased a home for her son. She said part of the settlement money will repay the loan. In addition, she is considering hiring a consultant to monitor her son's daily progress.

In addition to the settlement to the Gentrys, the school system also must pay legal fees to its private counsel, Chuck Bailey. Bailey's fees topped $105,000, said Jim Withrow, the school system's general counsel. With billable hours set at $125, he called the cost "reasonable."

Writer Jan Boyles can be reached at 348-7918.
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Letter to the editor, as published (Friday 16 April 2004):

www.dailymail.com/news/Opinion/200404166/?pt=30

Big settlement shows school flaws

I find the tone of both of Jan Boyles' articles regarding Kanawha County Schools' recent legal settlement to be quite slanted.

Take the most recent headline, "Autistic student's mother defends her demands."

What demands? Demands, perhaps, that Kanawha County schools abide by federal law? That's certainly a reasonable expectation.

Why should anyone be expected to defend it? The court found those so-called "demands" reasonable. What does that say about Kanawha County schools?

Apparently the school system would rather buy its way out of providing an appropriate education -- using tax dollars -- than step up to the plate.

The school system fought for years to avoid providing an appropriate education to Logan Gentry. Years of legal expenses -- again, tax dollars -- just to avoid doing what our legal system ultimately ruled should have been done.

Doesn't exactly give you a warm, fuzzy feeling about our schools, now does it?

Students with disabilities that influence their behavior present educational challenges. However, there are evidence-based practices that are quite effective in ameliorating disruption and ensuring safety.

Hence the "demand" for professional development.

Unreasonable? Hardly.

These articles raise more questions than they answer. Readers are wondering precisely why and how the schools went so terribly wrong that a federal judge felt it appropriate to support such a large settlement.

Therein lies the real story.

Debi
Morgantown



Board candidates upset over recent court settlement
Mother of autistic student received $460,000 payment
Jan Boyles
Daily Mail staff
Wednesday April 14, 2004

Six candidates present. A half dozen views.

One consensus: The $460,000 settlement that was recently reached with the mother of an autistic child was eye-opening to all candidates running for the Kanawha County school board, including the incumbents.

Nearly 45 minutes of the one hour session with the Daily Mail's Editorial Board on Tuesday revolved around the controversial settlement.

"Nobody's happy with this incident," said current board member John Luoni, who is seeking re-election.

The board was briefed by Superintendent Ron Duerring extensively in executive session about the lawsuit, said member Jim Crawford, also up for election.

Yet despite the executive session gatherings, school board members said they weren't aware that a final agreement had been mediated in federal court.

"The superintendent should have informed the board about the final court order," Luoni said.

Board candidate Tifney Terry expressed concern about the frequency of closed-door meetings conducted by the current board. Luoni countered that the board has fewer privileged meetings than other boards across the state.

Incumbents affirmed their belief that the lawsuit was an isolated case.

"There's no doubt this society is growing in its litigious nature," Luoni said. "People I think see the school system as a deep pocket."

Charles Quigley, a school board candidate who's worked in the state auditor's office, said the board should allow central office administrators to pay normal bills, but shouldn't merely "rubber-stamp" the check register each month.

"With 189 pages of checks, we can't wait and approve them one at a time," Crawford said.

Opening a softbound text containing the state's school laws, board candidate "Coal River" Sam Winkler cited that the board should have been aware of the debate regarding the payment to Anne Gentry.

The candidates also wrangled over the merits of extending pre-kindergarten programs for all students. Candidate Shawn Eddy said he would support expansion of current initiatives should more money become available.

Candidates Bill Ferrell, Lionel Chinnery, Debbie Robinson and Pamela Minimah did not attend Tuesday's editorial board meeting.

Writer Jan Boyles can be reached at 348-7918.
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Re: Kanawha County Schools' Settlement
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Letter to the editor, as submitted (Thursday 15 April 2004):

Editor:

Regarding the Editorial of April 15, 2004, it is unfortunate that the media has proverbial blinders on with regard to Kanawha County Schools' recent legal settlement. As yet, there has been no coverage of the real story: how it ever reached the point that a federal judge found such a settlement appropriate.

To portray this settlement as capitulation to the "extensive demands" of a parent is pure fallacy. Had KCS honored its original agreement, reached in 2000, the matter would not have escalated. Instead, KCS made a conscious decision to default, leaving the family no alternative but to pursue a formal determination on whether that agreement was binding. A hearing officer subsequently ruled that the agreement was indeed binding, yet KCS still refused to implement it. Again, it chose to escalate the conflict – by appealing to federal court.

Clearly KCS is responsible for the protracted nature of this dispute as well as the amount of the settlement. It entered into a binding agreement that it had no intention of honoring then spent the next several years attempting to wiggle out of it, upping the ante each time.

We can only hope that this settlement will "adequately educate" Kanawha County Schools.

Debi
Morgantown WV