Charter wrongfully dropped special-ed student, suit claims

Grand Rapids Press, Wed., Nov 15, 2000

By Karla D. Shores

A Grand Rapids school board member is handling the lawsuit of a mother who says a charter school principal kicked out her special education student for no reason.

Jim Rinck, a lawyer and critic of charter schools, filed suit against National Heritage Academies, a for-profit charter school management group.

Rinck said his client, Larissa Payton, had enrolled her son, Joseph, at Ridge Park Charter Academy, a National Heritage charter school in Grand Rapids, for the 1998-1999 school year.

The complaint alleges that in October 1998, Ridge Park Principal Peter Banta told Payton her son would have to leave the school because the school could not provide him with special education services.

Joseph Payton received no verbal discipline, expulsion or suspension, Rinck said. Banta “simply insisted that Joseph leave the school,” according to the complaint, filed in Kent County Circuit Court this month.

“My client says they told him to leave which, if that be the case, is a violation of the law,” Rinck said. “You can’t just tell a kid to leave, especially in a public school.”

The Grand Rapids mother is suing for more than $25,000 for pain and suffering, mental anguish, embarrassment, and attorney’s fees, according to the complaint.

Joseph, who is 7, is an emotionally impaired kindergartner who now attends Grand Rapids Public Schools, Rinck said.

The complaint also alleges Joseph did not receive an “individual education plan,” which is a series of state-mandated tests to determine the needs of a special education student in public schools.

Banta did not return calls, but issued a written statement through a spokesman Tuesday:

“All schools managed by National Heritage Academies have always provided special education services to our students. We currently provide special education services for approximately 10 percent of our student population... In accordance with state law, each student’s special-education needs are met through an individual education plan.”

National Heritage Academies operates 27 charter schools in three states, enrolling more than 11,400 students.

The case is the second Rinck has handled involving special education at a National Heritage charter school. Last year Rinck represented a teacher who sued Ridge Park and Excel charter academies, saying she was fired because leaders of the schools did not want her to provide services to special education students.

Rinck said the case was later resolved out of court.