JURY TRIAL RESULTS IN $15,000.00 VERDICT AGAINST
TEACHER FOR FAILURE TO ADMINISTER ORAL
TESTING AS CALLED FOR IN CHILD'S IEP!

In June, 1993 a West Virginia jury in a state court civil suit
awarded parents $15,000.00 against a history teacher. The case
is reported in The Individuals with Disabilities Educational
Law Reporter (IDELR) at 20 IDELR 422. The IEDLR headnote states
as follows:

     The   parents   of   a   student   with   learning
     disabilities brought an action under 42 U.S.  Code
     Sec.1983  against  two high school  teachers,  the
     district  superintendent, and  the  school  board,
     alleging  that  the teachers and school  officials
     refused  to accommodate their son's disability  in
     the   classroom.   At  trial,  the  court  granted
     directed  verdicts  in favor  of  the  defendants,
     except  one  of the teachers.  In their  complaint
     against   the  remaining  defendant,  the  parents
     specifically alleged that the teacher  refused  to
     provide their son with oral testing as required by
     his  IEP.   The case against the teacher was  then
     presented to the jury for deliberation.
     
     HELD:  for the parents.

           The jury returned a verdict in favor of  the
     parents and awarded $5,000 in compensatory damages
     and   $10,000  in  punitive  damages.   The  court
     subsequently entered a final judgment against  the
     teacher pursuant to the jury's verdict and award.
     
           Additional information is that  all  of  the
     teachers  provided oral testing to  the  child  as
     required  by  the  IEP,  except  history   teacher
     Withers, who refused despite requests from the  LD
     teacher.  Interestingly, Withers was also a member
     of the West Virginia legislature.
                              
Section 1983 is a relatively new emerging area in  the field of
special education litigation.  Of significant interest is that
the award was entered against the teacher not by a judge but by
a local state court jury.
__________________________________________________________________________

Reported by Pete Wright, Attorney - Richmond, VA
__________________________________________________________________________

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