A federal judge today in Florence will hear the case of a class
action lawsuit filed against Horry County Schools, alleging the
district violated the civil rights of autistic students.
Eva Ballentine filed the suit in October in U.S. District Court
on behalf of her autistic son, Shawn Ballentine, 14.
The district responded in November with a motion to dismiss the
suit.
Judge Thomas E. Rogers could deny the district's motion, a move
that would require the district to answer Ballentine's complaint, or
dismiss the suit.
A decision could come today.
Ballentine's attorney, David J. Gundling, has declined to discuss
the suit. School district attorney Bick Halligan could not be
reached for comment Tuesday.
The federal Individuals with Disabilities Education Act requires
schools to design an individualized education program for each child
with special needs. The plan outlines a child's education level and
learning goals.
In the suit, Ballentine says the district told her and other
parents it does not have enough money or staff to provide services
required by the act.
Seven parents of children with autism attending Horry County
schools have given sworn statements supporting Ballentine's
complaint.
Their statements include complaints of inadequate facilities and
therapists and instructional time limited because of discrimination.