HILLSBOROUGH -- Orange County Schools released a new statement Monday providing more details on a court battle over a 4-year-old boy's special education needs.
The three-page statement defends the school system's recommended services for Owen McWhirter, a child with a form of high-functioning autism. Owen's parents, Nicole and Arran McWhirter, disagreed with the district's recommendation and took the matter to an administrative court in Raleigh.
The couple claim that the school system failed to provide Owen the "free, appropriate public education" required by law. A state judge agreed last month. The decision, which the school system has appealed, also said the district should reimburse the McWhirters for their educational expenses.
The school district had previously declined to comment on the case, reported in a July 15 story, citing confidentiality laws. But they now say those laws no longer apply because of court documents Nicole McWhirter posted to her blog.
"We want people to know this wasn't a rash or personal decision as much as it was a good-faith disagreement," said Rachel Hitch, a lawyer at Schwartz & Shaw representing the school in the case.
All children determined to have special needs are entitled to receive public school services beginning at age 3 under the Individual with Disabilities Education Act.
Families work with the school district to create an Individualized Education Program. While Owen's IEP team agreed on goals, the family thought the services -- about four hours a week of special instruction -- were inadequate.
While the family and school reached an impasse, the family enrolled Owen in a private preschool that allowed him to have specialists on hand. Even after they enrolled, they continued to request services from Orange County and eventually filed for due process last fall.
"The school district believes that -- had they tried it -- the child's parents would have been happy with the educational program developed by the school system. If not, as has been done for many other students, the program would have been reviewed and amended," the school system said in the statement.
The McWhirters' legal fees have reached $200,000, forcing them to put a second mortgage on their home and borrow money. In the meantime, they continue paying for Owen's private preschool and specialists.
The schools' reasoning
The district's statement said that the system should not be held responsible for private school expenses.
"We have to use limited resources not only to serve special education students, but all other students as well," the school system said. "Since it [Orange County Schools] offered an appropriate program and placement with opportunities for the child to interact with nondisabled peers, it should not be required to use local tax dollars to pay private preschool tuition."
In a statement released Monday evening, Nicole McWhirter said, "I am disheartened and disappointed at the County's release of a press statement. On Friday, we had a very productive IEP meeting with representatives of the Orange County Public Schools. ...We were moving forward, appeal or not, communicating well, and focusing on what was important: Owen's education."
