CCSD sued by parents of disabled child

Teresa Hinds

Wednesday, Oct. 23, 1996 | 11:59 a.m.

The Clark County School District has been slapped with a federal lawsuit for alleged violations of the Individuals with Disabilities Education Act.

School Board members and Superintendent Brian Cram were served with papers in the middle of the board meeting Tuesday, notifying them they were being sued by Michael and Rose Ann Maxant on behalf of their son, 6-year-old Nicholas Maxant.

Nicholas is a severely disabled child who is nonverbal, incontinent, visually impaired and also suffers from cerebral palsy.

The lawsuit stems from the school district's appeal of an August ruling by a hearing officer on the Maxant's four-day due process hearing.

Parents are entitled to a due process hearing if they disagree with services provided by or educational decisions that are made by the school district to their child. Due process hearings are common in the special education community.

The Maxants have been battling the school district since Nicholas' enrollment in 1994 over what they believe is the district's failure to provide their son with a free and appropriate education.

"We had a due process hearing and we prevailed on several issues, and on several other issues the hearing officer made inappropriate or wrong decisions," said James Kent, the attorney representing the Maxants.

He said the school district has filed a state administrative appeal on the issues the hearing officer ruled against the school district.

"This matter should go directly to federal district court," Kent said. "That is where we will appeal issues that the hearing officer failed to rule on or inappropriately ruled on.

"There is no precedent in this area which really directs or touches upon how the district should appropriately educate a disabled child. Rather than continue what some people may have called a charade through the state administrative process, Nicholas' best interest requires us to proceed before the federal court to obtain immediate and beneficial relief."

Nicholas' father, Michael, said the purpose of the lawsuit is to assure that his son's needs are being met.

"Nicholas finally will be educated properly, according to his individual and unique needs, not the Clark County School District's unique needs," he said.

"My hope is that first of all, my son will be in a safe, appropriate environment where he can progress," said Rose Ann Maxant.

"In the larger arena, it has been our hope all along to make a difference that will help all children with disabilities here in Clark County, to allow them the same rights, the same respect, the same education that children with disabilities are already receiving all over the United States."

School Board member Jeff Burr, an attorney, felt serving the papers in a public meeting was inappropriate.

"I feel it could have been done a little more privately than create a scene," Burr said. "However, I do respect her right to file a claim."

Lois Tarkanian, who also is on the board and is a special education expert, didn't find the public serving offensive.

"It didn't bother me. If you're going to get served, you're going to get served, so it didn't bother me at all.

"I have spent a lot of time getting appropriate services for handicapped students, and I think I've done a good job in that area."

Others named in the suit include Don Burger, interim assistant superintendent of special student services; Marsha Irvin, former assistant superintendent of special student services; Robert Henry, director of special education program development; and Tippy Reid, director of special education services.

The school district has 20 days to file an answer to the lawsuit.