Mother of autistic child sues Horry County School District

The Associated Press

 

A mother has sued the Horry County School District, claiming her son's civil rights were violated when his special class for autistic children was canceled.

"Children with autism have been relegated to the position of second-class citizens within the school district," said Eva Ballentine of Myrtle Beach, who filed the class action suit in U.S. District Court on behalf of her son, Shawn D. Ballentine, 14.

Shawn Ballentine's class at Conway High School was discontinued earlier this month when its teacher went on leave and was not replaced.

In the lawsuit, Ballentine says the district told her and other parents this month that it does not have enough money or staff to provide services required by the federal Individuals with Disabilities Education Act. Schools are required to design an individualized education program for each child with special needs.

"Schools are legally obligated to fulfill whatever is in the individualized education program," said Craig Stoxen, president and chief executive officer of the South Carolina Autism Society. "They can't say `We can't afford to do any of that.'"

The school district would not discuss the suit, said spokesman Edward Boyd.

"Children with autism and the appropriate programs for them are highly prominent issues across the country," said Bick Halligan, the school district's attorney. "There's nothing unique for Horry to have issues arise."

Eva Ballentine's lawsuit says the district does not provide enough staff or training for services required for the education program; provide the necessary services, materials, transportation and supervision for children with autism; offer the right environment for therapy sessions and learning.

She said she wants her case to help all children with autism.

"They never asked for the hands they've been dealt," she said. "They never asked to be handicapped. They never asked to be autistic. They have the same rights as anyone else."

Many teachers and administrators statewide aren't properly trained to deal with the disability, Stoxen said.

"A lot of districts will put out a one-hour workshop," he said. "For any disability, one hour is never enough."

Information from: The Sun News

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