A local federal judge's ruling that students with disabilities should not be segregated out of general education classrooms because they're not keeping pace with their peers is receiving pushback from the Hamilton County Department of Education.
It's in the best interest of Luka Hyde, a fifth-grade student with Down syndrome around whom this case revolves, to learn in a general education environment where he is less restricted than he would be in a comprehensive development classroom, federal Judge Curtis Collier determined earlier this month.
Greg Deborah Hyde stand with their son, Luka, at Riverview Park in Chattanooga in this 2013 file photo.The school district filed a response to Collier's ruling last week, asking him to reconsider his decision, stating he misunderstood the context of testimony, and thus "inevitably formed conclusions that were clearly erroneous."
Citing testimony from a previous hearing before a different judge, Hamilton County Schools argues it showed how Luka was unable to access the general education curriculum, and Collier did not have this context when making his decision.
The case between Luka's parents, Greg and Deborah Hyde, and the Hamilton County Department of Education has been winding through the court system for years and a jury trial in the case is scheduled for next year.
The Hydes argue that Hamilton County Schools illegally segregated Luka because of his disability when the district removed him from a regular second-grade classroom at Normal Park Elementary in 2013 and decided to send him to Red Bank Elementary's comprehensive development classroom.
In this classroom Luka's interactions with students who do not have disabilities would be greatly limited, and the curriculum would be more focused on developing life skills than academic aptitude. After the school district's decision the Hydes chose to send Luka to private school where he would continue to interact with normally developing peers, and court testimony states he is making progress.
Collier agreed with the Hydes, saying Luka would benefit from being in a general education class and should be expected to make progress toward grade-level standards, but not expected to meet the standards.
If Collier's ruling is upheld it could have implications for other parents who believe their children with disabilities could benefit from inclusion in regular classrooms, and could force the school district to change its approach to special education. About a dozen parents have told the Times Free Press the district is swift to segregate children into comprehensive development classrooms when it is not best for the child's development.
But Hamilton County Schools defends its position that the comprehensive development classroom is the best placement for Luka.
The district's plan to offer Luka an alternative curriculum was in his best interest, and could not be implemented in the general education classroom, Bennett states.
The response continues to argue that the district's decision to move Luka was not because he could not keep pace with his peers, but because he lacked the prerequisite skills needed to keep pace with the general education environment and wasn't able to receive a meaningful educational benefit from the setting.
Two days after Bennett filed this response, Justin Gilbert, the attorney representing the Hydes, also filed a response, defending Collier's decision.
Gilbert writes that Collier ruled correctly, as the law states that Luka only needs to be making progress toward the educational goals set for him. He argues that it's appropriate for these goals to be tied to grade-level work, and that in a comprehensive development classroom this would not happen as the curriculum is not peer-reviewed and is not tied to state standards.
"[Luka] is entitled to receive 'access to' state curriculum within a general education environment where the research overwhelmingly shows he will benefit," Gilbert states.
It is expected that the Hydes will next address their claims of discrimination under the Americans with Disabilities Act, and could be entitled to compensation.
Contact staff writer Kendi A. Rainwater at 423-757-6592 or krainwater@timesfree press.com. Follow on Twitter @kendi_and.