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Costs mount for both sides in Northport special ed case

Regardless of the outcome in the ongoing special education complaint brought against Northport Public School, both sides are paying a steep price to fight their case.

During its April 14 meeting, the Northport Board of Education met in closed session with attorney Jeffrey Butler, of the Okemos-based firm LaPointe & Butler, about the civil suit that board member Alan Woods brought against the district last year. Alan and Patti Woods filed a complaint with the Michigan Department of Education over how the school has administrated and implemented an education plan for their special needs child. The hearing began in December, and has experienced unexpected delays because the administrative law judge hearing the case was ill at different times during the winter.

On April 16, Butler said he couldn’t discuss issues brought up during the closed session, but did say four more days of testimony are scheduled for next week, when the Woodses will have wrapped up their case. Butler said he has also asked for eight days in late May for the school to present its witnesses to provide testimony for their side of the issue.

Once the school district has provided its testimony, each side must submit a summary brief to the administrative law judge by July 15. Each side then is allowed to review the other’s summary brief and may file a response by Aug. 1. The judge must issue her ruling by Sept. 1, roughly a year after the couple filed their initial complaint.

By the end of May, Northport Public School will have incurred an estimated $160,000 in expenses this year. The district’s insurance provider only covers the first $100,000 in costs for a hearing like this.

The district is also responsible for 75 percent of the cost for the judge’s and court reporter’s salary, and any housing and food costs they incurred. Butler estimated those costs at between $8,000 and $9,000. By the time the post-hearing briefs are filed, the district will be responsible for half of the estimated $200,000 in hearing costs. Butler said there is significant time and expense involved in filing the post-hearing briefs.

“This has been an unusual hearing, given the amount of time and testimony involved,” he said.

Woods said Tuesday that he and his family have spent about $100,000 of their money in pursuing their assertions. He said the heart of the matter is that he believes the school district should live up to its responsibility concerning his child’s education.

“What my hope is now and always has been is that my son gets an appropriate education from the school. I don’t expect the school to turn him into a superstar, but he should be able to pass the curriculum,” Woods said.

Prior to filing the complaint last year, Woods said he and wife considered home-schooling their son, but it would cost them about $150,000 to $200,000 to provide the kind of specialized learning offered through public school. Both sides have offered proposed settlements at different points during the process that were rejected.

Woods said he has been asked by many people why his family chose the route they are taking, and he always responds that he didn’t have a choice.

“We tried mediation, it didn’t work; we tried resolution, there was nothing there. The only option we were left with after this was the hearing. I either do this, or let the school proceed with an education plan that I did not feel was appropriate,” he said.

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