Excerpt from: Lewiston-Auburn Sun Journal (click for full article)
The parents of a 13-year-old Mt. Ararat Middle School student who has autism and intellectual disabilities are challenging the school district's decision to block them from sending their son to school with an audio recording device.
The school district is fighting the parents' proposal, saying it's not conducive to providing educational services and poses a threat to the privacy of other students and school staff.
A hearing made public by the parents started last week and is scheduled to continue Monday.
Jane Quirion had notified SAD 75's attorney in March that she intended to send her son, Ben, a seventh-grader who is nonverbal, to school with an audio recorder in an effort to keep him safe and to ensure that school staff were complying with the terms of Ben's individualized educational plan, known as an IEP.
Pollack said he and his wife weighed the importance of their son's privacy against the public interest before deciding to open their hearing to the public.
"We think this is a very important issue that needs to come out, be discussed and debated," Pollack said.
Ben's parents hope the hearing officer will rule in their favor by finding that under the Individuals with Disabilities Education Act, Ben is allowed to carry an audio recorder in school.
If that were to happen, the school district could relent or appeal the hearing officer's decision in court.
If the hearing officer's ruling goes against the parents, they could file a case in federal court under the Americans with Disabilities Act, Pollack said.
Daniel Nuzzi, a Lewiston attorney who represents SAD 75, commented briefly on the matter Friday, citing statutes and other guidelines that prevent him and the district from breaching confidentiality requirements.
"This is a special education case," he said. "These are typically handled confidentially and privately" despite the parents' decision to open the hearing to the public.
Moreover, Nuzzi noted that the hearing isn't finished and the hearing officer hasn't reached a final ruling.
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