Ed. note: Part one of a two-part series.

The good news for Northport Public School is that its liability insurer has paid all of the $64,678.91 billed for legal representation in an ongoing administrative law hearing involving the child of a sitting board of education member.

The bad news: the district is only covered for the first $100,000 in legal costs, which means the school district only has about $35,000 left before it has to start paying the costs as well as other non-legal charges related to the hearing.

According to information obtained through a Freedom of Information Act request to the school district filed by the Enterprise, on Aug. 31, a notice of hearing issues and proposed resolutions was filed by Alan and Patricia Woods of Northport. Alan Woods is a trustee on the Northport Board of Education.

A detailed billing from the law firm of LaPointe & Butler, P.C., of Okemos, the attorneys representing Northport Public School in the hearing, shows that from Sept. 5 to Nov. 30 the district compiled $78,310.41 in expenses from the firm. Wessell said that Northport’s liability insurance coverage provider, SET/SEG, has limits on hourly charges so the firm discounted its hourly rate charges by $13,631.50 to determine the $64,678.91 figure.

For September, the firm initially billed the district $13,261.23 but after discounting the hourly rate the actual figure is $11,442.50. For October, the firm billed $15,262.40, with the cost to the district at $12,760.40. For November, the firm’s bill went from $49,786.78 to $40,846.28.

The firm’s three primary lawyers, Jeff Butler, Sharon L. LaPointe, and Matthew W. Bell, have all worked on the Northport district’s response to the complaint, as well as the firm’s support staff. Wessell said the district pays $140 an hour for the firm’s legal service.

According to information provided by Northport’s business manager Karen Hammersley, the district paid $161.69 for substitute teacher costs to have a staff member present on the opening days of the administrative law hearing on Nov. 13-14.

Wessell said Monday the hearing is scheduled to resume sometime during the week of Jan. 14.

Alan and Patricia Woods have taken issue with how the district and the Traverse Bay Area Intermediate School District developed and administered an Individual Education Plan (IEP) for their son. An IEP is required for each special education student receiving assistance from the intermediate school district.

The complaint was filed against Northport Public School. Northport Superintendent Tyrus Wessell said yesterday while the intermediate school district has a representative sitting with Northport officials during the hearing, Traverse Bay Area ISD is not the target of the complaint.

Alan Woods said yesterday he and his wife’s primary motivation in filing a complaint with the state Department of Education is making sure their son gets the best education he can receive.

“This has been going on for three years. Things have not been done according to law and the school board has taken no measurable action to correct these matters,” he contended.

Northport board members have previously stated they disagree with Woods’ assertions.

The couple also had the option of having the administrative law hearing that will decide the matter be conducted behind closed doors to protect the identity of their son. They chose to have the hearing done in public, however, in part to shed light on what the couple considers a big problem.

“So much is done behind closed doors with settling these IEP conflicts. I want this issue brought into the open,” Woods said.

Since Woods is a school board member, he said he knew the decision involving the hearing would put his and his wife’s name in the public. “Everything we’ve heard before filing the complaint has been opinion. I’m tired of hearing opinions. I want the state to say, ‘Mr. Woods you’re right’ or ‘Mr. Woods you’re full of it,’ and have the matter settled,” he said.

Wessell said Monday he could not comment about specific issues as they will be decided as a result of the hearing. Wessell said the overall cost to the district for the hearing could easily exceed $200,000. Outside of its own costs, the district is also responsible for the administrative law judge’s salary and travel expenses, as well as those for the court reporter.

Wessell previously said if the district were to lose on some or all of the issues raised in the hearing, Northport school could be responsible for the parents’ counsel costs, and the costs for providing a proper education for the student, including private party evaluations and therapies.

Next week: What documents obtained from a Freedom of Information Act request have revealed.