SCHOOL DISTRICT OF
ST. LOUIS COUNTY, et al.,
AND RELEASE AGREEMENT BETWEEN PETITIONERS AND
RESPONDENT SPECIAL SCHOOL DISTRICT OF ST. LOUIS COUNTY
parties to this agreement are Petitioners Michael Asbury and Kathryn
Asbury, parents of Daniel Asbury, a minor (hereafter referred to
as the Asburys) and the Special School District of St. Louis
County (hereafter referred to as the SSD).
Asbury is a student receiving services from the SSD. He is a child
with a disability under the Individuals with Disabilities Education
Act (IDEA), 20 U.S.C. §§1400 et seq., Section 504 of the
Rehabilitation Act, 29 U.S.C. §794, and Missouri special education
laws, Chapter 162 of the Revised Statutes of Missouri. The
Asburys filed a Complaint and Request for Due Process Hearing against
the SSD, the Maplewood-Richmond Heights School District (hereafter
referred to as MRH), and the Missouri Department of Elementary and
Secondary Education. This agreement is intended to resolve all of
the Asburys' existing complaints against the SSD.
ABA/DTT/Lovaas Educational Program for Daniel
The Asburys and the SSD agree that Daniel will continue to receive
the ABA/DTT/Lovaas educational program that the Asburys have been
providing for him in their home, at their expense. The Asburys will
continue to have control over and financial responsibility for that
program. As part of that program, the SSD agrees that its personnel
working with Daniel, including teachers, occupational therapists,
and speech/language pathologists, will consult with the Center for
Autism and Related Disorders (CARD) or a similar organization retained
by the Asburys, for the purpose of implementing Danielís ABA/DTT/Lovaas
program across environments.
Starting with the beginning of the 1998-1999 school year, and for
as long as the Asburys and their consultants deem it beneficial
for Daniel, including throughout the 1998-1999 school year, the
Asburys will provide an aide (or shadow) at school for Daniel. The
aide will be an individual who has been trained in the ABA/DTT/Lovaas
method of instruction and who may also work as a trainer with Daniel
at home. The aide will be selected and paid by the Asburys and will
be allowed to work with Daniel and his teachers all of the time
that Daniel is in school as part of his educational program (including
on the school bus, on field trips, and on other school activities),
subject to the provisions of subparagraph e, below.
Danielís IEP for the 1998-1999 school year shall include the following
statement under Present Levels of Performance, Current interventions:
"Parents are providing Daniel with ABA/DTT/Lovaas training at home,
with consultations from CARD and an ABA/DTT/Lovaas trained aide
(shadow) at school, at their own expense."
SSD personnel will cooperate with the Asburys and the aide in all
reasonable respects so that the aide can fulfill Danielís need for
an ABA/DTT/Lovaas trained 1-1 integration aide to provide continuity
between Daniel'sí home program and his time at school and to facilitate
Danielís integration with his peers in the regular school setting.
The provisions of the Settlement and Release Agreement Between Petitioners
and Respondent MRH with respect to the terms and conditions for
conduct of the aide will be followed by the Asburys and the SSD
as part of this agreement.
Payments to the Asburys
The SSD shall pay to the Asburys the sum of $60,000.00, within 30
days of the signing of this agreement. Of that payment, $50,000.00
is for the compromise of the claims made by the Asburys for the
personal injuries alleged by the Asburys to have been suffered by
Daniel to date and $10,000.00 is reimbursement to the Asburys for
the ABA/DTT/Lovaas educational program previously obtained by the
Asburys for Daniel.
The District shall pay to the Asburys the sum of $20,000.00 in January
1999 and an additional $20,000.00 in May 1999. With respect to each
of these payments, $15,000.00 is for the compromise of the claims
made by the Asburys for Danielís future personal injuries as alleged
by the Asburys and $5,000.00 is for the Asburys to use for the ABA/DTT/Lovaas
educational program for Daniel in the future, as described in paragraph
2, above, including the consultations and the aide.
The SSD specifically denies that Daniel suffered any personal injury.
However, the parties to this agreement agree that the personal injuries
alleged that Daniel is to have suffered are physical in nature as
they relate to Daniel's physiologic and neurologic impairment. The
SSD shall not issue a 1099 form relating to any of these payments.
Payment for Attorneys' Fees and Expenses.
SSD shall pay to the Asburys Ďattorneys, Mary Jane White and Kenneth
M. Chackes, for the attorneys' fees and expenses reasonably incurred
in their representation of the Asburys in this matter, in a sum
not to exceed $33,000.00, within 30 days of the presentation of
evidence of the amount of time spent and expenses incurred. SSD
shall pay the attorneys' fees and expenses directly to said attorneys
and it shall issue 1099 forms, if any, reflecting payment only to
said attorneys. The Asburys expressly acknowledge that the SSD shall
not reimburse the Asburys, either directly or indirectly to their
attorneys, for any attorneys' fees and/or expenses for which they
have previously received reimbursement from MRH.
Asburys jointly and severally release and waive any and all claims
against the SSD, its Board of Education, its administration and
employees, under the IDEA, Section 504 of the Rehabilitation Act,
the Americans with Disabilities Act, and Missouri state special
education statutes, with respect to the provision of a free appropriate
public education for Daniel and for any and all claims for personal
injuries, including but not limited to physical injuries, allegedly
suffered by Daniel, up to and including the date of this agreement.
The District, including its agents and employees, release the Asburys,
Including their agents, representatives, and heirs, from any and
all claims they have or may have against them arising out of any
facts or events relating to the IDEA, Section 504 of the Rehabilitation
Act, the Americans with Disabilities Act, and Missouri state special
education statutes that occurred up to and including the date of
execution of this agreement the Asburys will promptly notify the
Due Process Hearing Panel that the Asburys are limiting their claims
against the SSD with prejudice.
Denial of Wrongdoing.
SSD denies any and all alleged wrongdoing in this matter.
SPECIAL SCHOOL DISTRICT OF
ST LOUIS COUNTY