Posted on 04/15/2010 4:49:15 AM PDT by Born Conservative
The families of seven autistic children who were allegedly abused by their teacher have reached a tentative $5 million settlement with the Northeastern Educational Intermediate Unit, Abington Heights School District and the teacher.
The deal was to be announced at a press conference Wednesday, but Larry Moran, an attorney for the plaintiffs, canceled the event and refused to discuss details of the settlement.
John E. Freund III, attorney for the defendants, said Wednesday that the $5 million settlement has not yet been approved by the court.
How the settlement will financially affect the school district and intermediate unit, which is financed by the state and area school districts, was unclear.
Mr. Freund said no public funds would be used to pay the settlement, but he would not say whether insurance policies would cover it.
Fred Rosetti, Ed.D., executive director of the intermediate unit, said the agency "obviously" had an insurance policy, but would not discuss how much of the settlement would be covered by insurance.
Despite the settlement, Dr. Rosetti "believes the NEIU acted appropriately and properly under the circumstances," Mr. Freund said. "Nonetheless, the settlement is the best resolution for everyone concerned."
Robin Snyder, attorney for Abington Heights, said it would "not be appropriate" to comment before the settlement was approved by the court.
A media advisory sent Wednesday morning by a spokesman for Mr. Moran stated that the settlement is "believed to be the largest recovery ever in Pennsylvania relating to deficiencies in special-education programs and among the top five ever in the United States."
In their lawsuit, the seven families alleged the district and intermediate unit covered up abuse by former teacher Susan Wzorek, who was employed by the intermediate unit and worked in a classroom at Clarks Summit Elementary School.
The lawsuit claims teachers' aides provided the intermediate unit and the school district with detailed accounts of abuse by Ms. Wzorek, including pinching, hitting and restraining the children with duct tape and bungee cords - from September 2001 until June 2002. School and intermediate unit officials did nothing to stop her, the suit claims, and instead tried to cover it up by transferring the aides out of the district.
Arrest papers alleged Ms. Wzorek abused at least six autistic children in the class that year, including bloodying one student's lip, stepping on children's feet and pulling their hair.
Police filed criminal charges against Ms. Wzorek in August 2004. After pleading no contest in 2005, she served a month of house arrest and was paroled.
Reached Wednesday afternoon, Mr. Moran declined to explain why the 5 p.m. press conference was canceled.
"I'm not making a statement at this point," he said.
The suit claims the students' civil rights were violated because the defendants in the suit failed to provide the autistic children with a "free public education from the moment of (their) enrollment to the time (they) were transferred to another district." They are also accused of failing to "implement a proper behavior-management plan" and failing "to hire trained individuals in caring and instructing autistic children."
The defendants also are accused of violating the children's 14th Amendment rights by failing to provide a free, appropriate education, and the federal Individuals with Disability Education Act by "failing to identify, evaluate and provide the (children) with free, appropriate public education and by physically and verbally abusing" them.
is this on top of attorney fees?
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