7. TESTIMONY OF GAYLE FITZPATRICK

THE COURT: We are ready to proceed with the testimonial portion of the injunction motion in the matter of Gayle Fitzpatrick, et al, versus Timothy McCormack, et al, and, Attorney Coles, if you are ready please.

MR. COLES: Yes, Your Honor, because we were rather rushed Friday as Your Honor is aware I want to recall Gayle Fitzpatrick just to fill in some of the gaps. Gayle, would you take the stand. You are still under oath.

THE COURT: Miss Fitzpatrick, good afternoon.

THE WITNESS: Good afternoon.

THE COURT: As Attorney Coles indicated you remain under oath subject to the obligation of that oath.

THE WITNESS: Okay.

THE COURT: Please be seated. Attorney Coles.

GAYLE FITZPATRICK, after having been previously sworn, testified as follows:

DIRECT EXAMINATION

BY (MR. COLES):

Q. Thank you. Miss Fitzpatrick, had an opportunity looking through the '94, '95 patient pages which is put in as an exhibit of the Maine Special Education Rules, are they applicable to this particular case and your son?

MS. HEWEY: Objection, he's asking her for a legal --

THE COURT: Isn't that legal?

MR. COLES: No. I will lay a foundation.

THE COURT: Go ahead.

BY (MR. COLES):

Q. You attended four intensive workshops of the Maine Autism Society several years ago?

A. Yes, I did.

Q. And Mora Katz was also in attendance on those sessions?

A. Yes.

Q. As part of the lectures that were given did it cover the State of Maine special-ed regulations?

A. Yes, we were educated on that Section 504 of the Rehabilitation Act, ADA and IDEA.

Q. You fully familiar with both the federal and the state laws and regulations concerning autistic and special education children?

A. I am as familiar as a lay person can be.

Q. Have you set up programs for schools on autism involving the federal, state regulations?

A. Yes, I am often asked by the Autism Society of Maine to attend PET meetings throughout the state to assist in that.

Q. Is your child a special education child as defined by the Maine regulations?

MS. HEWEY: Objection, same objection.

THE COURT: I will sustain that objection. Attorney Coles, I understand that she probably has a better foundation in terms of exposure to the laws and regulations than perhaps even I, but if you are attempting to qualify her as a legal expert.

MR. COLES: I will rephrase the question, Your Honor.

THE COURT: This is a matter I will really be looking to both counsel to argue to me on.

BY MR. COLES:

Q. All right. Is there a special category to your understanding of regulations dealing with home school children?

MS. HEWEY: Objection, same objection.

MR. COLES: It's her knowledge whether there is a category of laws dealing with home school children.

THE COURT: I understand that, and I am sure that she has again more knowledge than most folks about that. It's a legal issue, legal expertise, and I will look to counsel to argue on that point.

BY MR. COLES:

Q. I will save that for closing, Your Honor, thank you.

THE COURT: Thank you.

BY MR. COLES:

Q. Miss Fitzpatrick, are you aware of Child Find?

A. Yes, I am.

Q. What is Child Find?

A. Both of my children were identified for special education related services under Child Find. It's a provision in the special education regulations that applies to all children whether they are getting free public education in school, private school or home schooled it's an obligation on the part of school systems to locate, identify and assess children for suspected disabilities whether they are in the school or not. It's only used in an initial instance.

Q. What does that mean?

A. Well, if a parent had a child say who is 6-years-old who is possibly dyslexic, maybe had a speech impediment, maybe had Asperger's they could write to their school system and say could you please assess him, I believe this is, my child has a disability. There is a reason for that, medical personnel can do this, but insurance companies will not cover this because it is educational, so most families go to the school system to save money.

Q. Do you know how the Falmouth School Department locates these children?

MS. HEWEY: Objection.

THE COURT: Well, the answer, that's a yes or no question. She may answer that question.

THE WITNESS: Yes, to some degree, yes.

BY MR. COLES:

Q. How does the Falmouth School Department locate these children?

MS. HEWEY: Objection.

THE COURT: Sustained.

THE WITNESS: They put an ad in the newspaper. I'm sorry.

THE COURT: I sustained the objection.

BY MR. COLES:

Q. Have you seen ads in the newspaper by the Falmouth School Department trying to locate children?

A. Yes.

Q. In September, October of last year did the Falmouth School Department ever give you a copy of the Plummer's School student handbook for 2003, 2004?

A. No, I asked Barbara Powers for that when I met with her in September 25th, and she said she would give me at the end of the meeting but she probably forgot. I forgot.

Q. You never received a copy? A No.

Q. Have you ever taught in Maine?

A. Yeah, I taught in the Wells-Ogunquit school system for eight years, and I used to teach in the Sanford Adult Education Program, and I currently teach at Hartwood College of Art in Kennebunk.

Q. I want to show you, Miss Fitzpatrick, what's been marked as Plaintiff's Exhibit 24. Please tell me what this is.

A. This is the service plan developed at the September 11 meeting for my son. Polly Crowell typed this out, mailed it to me in late September.

Q. Polly Crowell prepared this service plan?

A. There was input from the team, but Polly's office typed it up and sent it out.

Q. This was based on a meeting that you had with Polly Crowell on September 11 of last year?

A. Yeah, numerous people were at the meeting. Polly was one of then.

Q. How many other people were there?

A. Let's see, Mora Katz was there, a classroom teacher was there, Woodfords Family Services were there, I was there, I believe there may have been a speech therapist. There are minutes from the meeting, but that's who I can recall.

Q. Now part of the exhibit 24 date of annual review June 2004 what does that mean that's on the first page on top on the right?

A. Generally a service plan would be reviewed annually and decision made as to whether it would continue on or be changed or whatever. It's seeing how to go. Are we going to keep it the same? Are we going to change it?

Q. Was a review done in June in 2004?

A. No.

Q. I would offer Plaintiff's Exhibit 24.

MS. HEWEY: Your Honor, I note that Plaintiff's Exhibit 24 is attached to Defendant's Exhibit 5.

MR. COLES: I would want it somehow separately, Your Honor, even though there is a lot of material contained within the three volumes of assessments.

THE COURT: To the extent the objection is based on redundancy only.

MS. HEWEY: I will withdraw the objection.

THE COURT: Thank you. 24 is admitted.

BY MR. COLES:

Q. Let's go back to the first page, Miss Fitzpatrick, of exhibit 24 Caroline Crowell typed in, Jan does not attend school, his behaviors are managed by his parents and various professionals who work with him. Did I read that correctly?

A. Yes.

Q. Can you tell the court why this provision was put in?

MS. HEWEY: Objection.

THE COURT: Basis.

MS. HEWEY: Foundation, she just said that it was put in by Miss Crowell. How could she testify why Miss Crowell put something into a plan?

MR. COLES: Testimony is also that 5, 6, 7 other people present at that September meeting all of which had an input, and it was Miss Crowell who typed this up.

THE COURT: The objection is overruled. You may answer that question.

THE WITNESS: Could you ask the question again because I lost it. I'm sorry.

(The requested material was read back.)

THE WITNESS: The top part of that section says consideration of special factors and No. 1 says that, says behavioral needs, there is a check next to it meaning, yes, Jan has behavioral needs. At the meeting we discussed how his behavioral needs would be taken care of. Generally if a child has behavioral needs you have to develop a plan. You have psychologists and speech people, occupational therapists especially for a child with autism, and because we already had the existing plan that was there at that time that had been developed in July we said how about if we use this and rather than you using or hiring ed-techs, other people to be with Jan, because he needs someone, we will use myself or our people, the Woodfords people paid for by Medicaid, so rather than be redundant we used what already was there.

Q. So the decision was made to use outside professionals who had been working with Jan?

A. Right, yes.

Q. And both you and your husband and these professionals would be dealing with his behavior? Yes, because we were with him at all times 24, 7. And on the next page of the exhibit 24 it has related services to be provided and it talks about additional assessments chosen by parents and the wrap team. Do you remember what kind of assessments were discussed at that meeting?

A. We talked, the services, generally related services something like speech therapy or occupational therapy that my son could receive through the school, but we made a decision not to do that because he was already seeing somebody else, and we had said, you know, because it cost us $20,000 a year for our son if he needs a rather expensive assessment like assistive technology we also said possible we would do the standard achievement tests that he had gotten every year as opposed to the MEAS, because then we wouldn't be comparing apples and oranges. That would mean somebody would have to buy the test, give him the test, whatever. We were just asking for some assistance, you know, if we need some could we ask you for some, because -- and the reason we ask for that is the Falmouth school system receives federal monies through the state for children with disabilities whether they are home schooled or in school and private school, and there is a certain percentage set aside for children, so we said, well, you know, if this is our percentage let's think what we want to do with it because we didn't need the services that were available.

Q. All services were being provided outside of the Falmouth school system, is that correct?

A. Right.

Q. On Page 2 also talks in tenors of location of service, wherever professional assessors conducts the assessment, was that in reference to any particular individual who had assessed Jan?

A. That would be whoever Jan's team had chosen to assess him. If they had chosen somebody in Portland to assess him or say Dr. Yahr in Falmouth to assess him that would be the location, if somebody I don't know in Yarmouth that would be the location.

Q. Dr. Yahr had done a number of assessments on Jan?

A. Yes, he had. He had done adaptive behavioral assessment about 30 days before this meeting to determine Jan's age level behavior for instance, you know, that his adaptive behaviors, he's like a 6-year-old even though he's 9-years-old, and he had done that under the direction of Jan's developmental pediatrician who is originally going to have her people assess him,' but the woman had a baby or something so she asked that the Ph.D. next door would you do this, because the top of that assessment on it says it was planning for Jan's educational program that coming year.

Q. It's my understanding that your son has the social skills of a four-year-old, is that correct?

A. In many ways, yes.

Q. And the communicative skills of a six-year-old? A Yeah, his neurology prevents him from having social skills like other children.

MS. HEWEY: Objection, move to strike the end of the sentence was nonresponsive.

THE COURT: Sustained.

BY MR. COLES:

Q. I want to show you, Miss Fitzpatrick, what's been marked as Plaintiff's Exhibit 25, have you tell me what this is. Can I have the prior exhibit.

A. Yes, you may. This is the behavioral plan that was developed in July of 03 with Jan's team in conjunction with Woodfords Family Services and Department of Behavioral and Developmental Services, the State of Maine.

Q. Was a copy of this provided to the Falmouth School Department?

A. Yes.

Q. Move to offer plaintiffs 25.

MS. HEWEY: No objection.

THE COURT: Thank you. It is admitted.

BY MR. COLES:

Q. There are a number of goals which the family support services, Woodfords Family Service and the State of Maine outlined goal one, Jan will increase safe behavior at home and in the community, did I read that correctly?

A. Yes.

Q. What was your understanding what that meant?

A. Because of Jan's neurology he doesn't understand what a safe and unsafe even if he has the intellectual understanding to understand that electricity and water don't mix he's not necessarily able to generalize this information to the next place. An adult needs to be there to prompt him.

Q. Is that 1-A, Jan will recognize unsafe situations, given one verbal prompt, 80 percent of opportunities presented, is that what you are talking about?

A. Yes.

Q. Jump down to 2-A, Jan will pair consequences with situations, given staff support, 80 percent of opportunities, did I read that correctly? A. Yes.

Q. What does that mean?

A. Jan does not, because his brain wiring is different, he doesn't necessarily understand the consequences of what he does. For instance Jan has, it's a big 0T term called proprioceptive problems. what it means is Jan does not know where his body ends and the air begins, so he tends to jump on things, and when he jumps a lot he gets that kind of input. He has a sensory diet for that. He also has a trampoline for that, because Jan doesn't understand that sometimes jumping from something ten feet high would have the consequence of a broken arm or leg, so he needs adults to say that to him. It's not okay to jump on this. You may jump on this, because he's going to jump anyway because his sensory system doesn't work right, so it's up to the adults with him to direct him to where he can do what he needs to do in a safe manner.

Q. Move to 4-A first page, Jan will use appropriate words to express emotion frustration, given two verbal prompts, 50 percent of opportunities presented, did I read that correctly?

A. Yes.

Q. What does that mean?

A. Jan does not have an emotional language other than happy, sad, so there has been a curriculum developed for him over the last few years to give him the words and to understand that those words also connect with sensations within his body, and that he needs to inform other people if he is angry, sad or mad because he doesn't know that, so adults cue him to tell him that. He also doesn't change his facial expression for any reason because he has hypertonia of his muscles. He could be upset, but you wouldn't know. He could be sad. He's got to be really crying his heart out to make that obvious.

Q. Move to Page 3, goal three, Jan will increase communication skills. 1-A, Jan will increase his ability to recognize nonverbal cues, given verbal prompts, 80 percent of opportunities presented. What is your understanding what that means?

A. Jan does not understand nonverbal cues. He doesn't understand the cues of an adult standing with their hands on their hips. He doesn't understand frowns, motions, come here. Adults prompt him to help him understand it. For instance someone would say, see, she has her hands on her hips, so that means she is mad, and if he didn't understand it the second verbal prompt is to tell him again.

Q. 2-A on that page, Jan will increase social speech by follow speech recommendations, given staff support, 80 percent of opportunities presented. What is your understanding what that means?

A. Jan had mastered a tremendous amount of goals the year before this was developed, but he had not had the opportunity or the confidence in using those skills in the community, such as saying hello to people and meeting people, expressing himself to people or understanding people, so his speech goal for this last year was for him to be out in the community and us to be taking data on whether he did the things he learned or didn't, because his neurology prevents him from doing that; otherwise, we have to tell him to do it.

Q. Item 3-A, Jan will acknowledge other feelings slash emotions with two verbal prompts, 80 percent of opportunities. What is your understanding of what that means?

A. Jan does not know that other people have feelings or emotions because he doesn't know he has feelings and emotions, so we tell him, and somebody has -- when somebody has a feeling he is taught this in a very systematic academic manner, so once we have prompted him he can then reference back to that in his head that says frustrated, oh, she is frustrated; therefore that means it's all like a math word problem.

Q. Turn to Page 4, the next page, goal four, Jan will increase the scope and range of appropriate play skills. Item 1-A, Jan will engage in interactive play with others, given staff support, 80 percent of opportunities presented. What was your understanding what that meant?

A. Children with autism or Asperger's disorder do not have a social impetus, don't want to play with anybody. They would be left alone with their computer, at least my son would. It is an effort and it is a goal to have him do that otherwise.

Q. Play with other children?

A. Yes, that's the goal to get him from being his happy self in his bubble to interacting with the world because he is going to need to do that as an adult.

Q. Item 3-A, Jan will appropriately express impulsive statements in social settings, with staff support, 80 percent of opportunities. What does that mean?

A. Jan will tell the truth, the blunt truth whether it is socially acceptable or not because he doesn't understand the unwritten social rules, so if somebody were to be in front of him in the store and he didn't like how they smelled he would tell them that. Adults with Asperger's do this too because they don't know the unwritten social rule is you keep that idea inside your head, but people with Asperger's don't know the unwritten social rules. He asked me if I would please just write than all down one day, make it simple for him, because keeps kind of messing up.

Q. Item 5-A, Jan will use appropriate greetings when entering and leaving social situations, given three verbal prompts 80 percent of opportunities. What is your understanding what this means?

A. That was a new goal because Jan was just learning to came and say hello to people when he greeted them if somebody said hi to him it wasn't absolutely concretely clear to him that he was supposed to say hi back, and leaving he didn't understand that you are supposed to say bye, I'll see you later, I'll see you tomorrow, so that was something we were teaching him, and then we then wanted to take that into the community and see if he could do it.

Q. Looking at exhibit 25 before you it's done on a quarterly basis, is that correct?

A. Yes, the data is taken daily. Every single day Woodfords employees or myself would take data on this. A zero if he didn't do it. A little plus if he did do it, and at the end of every quarter all the data is added up, and that's how core you have all this different percentages. It's a data driven program on a daily basis information wise we don't know if he knows how to do it.

Q. The last quarter is dated June 25, 2004, is that correct?

A. Yes.

Q. It appears, correct we if I am wrong, from looking at exhibit 25 that as the quarter, as each quarter progresses he was doing better and better and better?

A. In most things, yes.

Q. Has your son ever had his IQ tested?

A. Yes.

Q. What's his I.Q?

MS. HEWEY: Objection, relevance.

MR. COLES: Highly relevant, Your Honor, we will get testimony that Asperger's children are high end intelligent children as part of parents responsibilities to have an IQ tested.

MS. HEWEY: Well, objection also because she is not an expert. She can't testify about his IQ score.

MR. COLES: She can testify if he's been tested and what is her knowledge of the testing. It's like getting a report card.

THE COURT: I will let her testify as to whether he's been tested or not, what her understanding is of the results of those tests.

BY MR. COLES:

Q. Has your son been tested?

A. Yes.

Q. What's your understanding of the results? A My son's IQ was tested as part of the international genetic research project through Tufts New England Medical Center. The report that was issued to me through Tufts said his IQ was approximately 142.

Q. In the fall of 2003 did you go to the Falmouth Police Department to alert them as to your son's autism?

A. Yes, I did.

Q. Did you give them some autism checklists and a 24 photograph of your son so that in the event something happened they would have knowledge of your son?

A. Yeah. That was an initiative in 2003 by the Autism Society of Maine, one of our information specialists is a police officer, and he developed that for everybody in Maine to use.

Q. I want to show you what's been marked as Plaintiff's Exhibit 26. Did you go back to the Falmouth Police Department in June of this year and ask them if they still had the information that you gave them the year before?

MS. HEWEY: Objection, relevance.

MR. COLES: Highly relevant, Your Honor, this is an autistic child living in the community. We have we had a police officer already testify as to telephone calls that he received from the superintendent of schools as to this autistic child. This is to lay the foundation that in fact the Falmouth Police Department had been notified at least a year before that they were dealing with a child living in their neighborhood.

THE COURT: Haw is that relevant to the issue we are dealing with here which is whether or not there was a discrimination based practiced by the defendants?

MR. COLES: It's peripheral, Your Honor.

THE COURT: It is.

MR. COLES: I will withdraw it, Your Honor.

MR. COLES: I have nothing further.

THE COURT: Thank you, Attorney Coles. Attorney Hewey.

CROSS EXAMINATION

BY MS. HEWEY:

Q. Thank you, Your Honor. Miss Fitzpatrick, do you still have Plaintiff's Exhibit 25 in front of you?

A. Is that the behavior plan?

Q. Yes.

A. Yes, I do. _

Q. Okay. You testified that you provided that to the school department, is that right? A Yeah, at the September 11 Greeting.

Q. You provided that to the school department last week, didn't you?

A. I provided this one to the Falmouth School Department on September 11. I provided the previous year's at the June 10th meeting.

Q. Okay. So your testimony is the document that you have before you was provided to the Falmouth School Department on September 11, 2003, is that right?

A. The document with these goals and objectives without the data, because the data didn't exist then on that was blank, this is the end of the year one, we had sent this one to Mrs. Crowell two weeks ago to let her know how well he had done.

Q. So the answer to my question is the document Plaintiff's Exhibit 25 was provided to the Falmouth School Department two weeks ago, is that right?

A. Yes, the original was provided and is in the evidence of the September 11 meeting. This is the completed one. The September 11 packet that went in as evidence last week, if I could see that, it's in there.

Q. My question is simply about the document that you testified that Plaintiff's Exhibit 25 that you testified you sent to the school department, and if you turn to the second page of that document it indicates it has a date of 7, 29, 04, is that right?

A. Right.

Q. So this document Plaintiff's Exhibit 25 wasn't even completed until 7, 29, 04, is that right?

A. Right. This is the end of the year annual. The one the Falmouth School Department got in September which is in the packet, and if I could see the packet I will point it out to you. This is the annual, and that's why I sent it to her because it was showing how well he had done on his goals and objectives.

Q. Okay. Now could you turn to the third page of that exhibit. You testified about 1-A Jan will increase his ability to recognize nonverbal cues given verbal prompts. You told us a little bit about what types of verbal prompts you did so that Jan would realize an adult was angry or something of that nature, right?

A. Right. His neurology prevents him from knowing that. He has to be told until -- I mean he will probably have to be told his whole life.

Q. Okay, and my question to you is when you were on the playground with Jan and he was interacting with adults who were angry did you give the verbal prompts that are called for in this plan?

A. Jan was seldom interacting with adults on the playground. He was playing tag with children. The one or two times that Jan was interacting with an adult on the playground we followed the other part that was in the June 10th and September 11th which refers to rumbling stage, that part of Jan's behavior plan says anywhere always if Jan is upset remove him for a few minutes and cue him into this and then bring him back.

Q. So the answer to my question is, no, you didn't give him the verbal prompts?

A. Yes, we did, yeah, that's what we did. It's not written here. It's written in more complex. Yes, you have to, otherwise he doesn't knew, he does not recognize the intent of other human beings.

Q. Okay. Now in response to some of Mr. Coles' questions you said that there was -- well, you were asked whether there was any annual PET meeting at the end of the school year, is that right?

A. Yes, he did ask me that.

Q. You said there wasn't, right?

A. Right.

Q. Fair to say, isn't it, the Falmouth School Department invited you to attend a PET?

MR. COLES: Object to the form of the question. When?

BY MS. HEWEY:

Q. In July of this year.

A. In July of this year the Falmouth School Department wrote me a letter, asked me to attend a PET for the upcoming school year to see if my son, if I wanted than to have my son receive speech service or tutorial services. I wrote then a letter back saying no, we are receiving those outside.

Q. Okay. So you were invited to a PET, and you declined to attend, is that right?

A. I was invited to a PET to discuss those particular two issues, and I said, I do not need to discuss these issues with you like the last three years my son's related services are being taken care of by his outside professional team.

Q. Okay. Now I want to show you one of the books of Plaintiff's Exhibit 19, the book labeled 2003, 2004 Jan Rankowski assessments, and I am going to direct you to a document that is approximately a quarter of an inch in the bottom labeled 12, 14, 2003.

THE COURT: Can you give me that cite again please.

BY MS. HEWEY:

Q. 12, 4, 2003.

THE COURT: Thank you.

BY MS. HEWEY:

Q. That's a copy of an e-mail from you to the wrap team, is that right?

A. Correct.

Q. And then a copy of a response from somebody on the wrap team?

A. Correct.

Q. And yet on Friday you testified that you asked the wrap team whether a functional behavioral assessment would be appropriate, right?

A. Yeah, and there is the e-mail where I asked than.

Q. Okay. This in Exhibit 19 is an e-mail where you asked for their input, is that right?

A. Correct.

Q. And the question you asked is do you think it's necessary for the Falmouth School Department to assess Jan's behavior for age appropriateness, is that right?

A. Yes, because the request asked for age appropriateness.

Q. That's the question I asked you.

A. Okay.

Q. Actually one more question about Exhibit 19 and that's four pages after that document there is a document labeled 11, 25, 2003?

A. Yes.

Q. And that's a message from you to Ron Coles?

A. Yes.

Q. With CCs to the wrap team, right?

A. Correct.

Q. Then there is a response from Dr. Yahr, is that right?

A. Right.

Q. And in your message to Mr. Coles with the CC to the wrap team you are pointing out that Jan was 80 percent successful in his interactions on the playground, right?

A. Actually I said according to the undisclosed data of Falmouth public schools Jan has been noncompliant on the recess yard 7, Jan has been noncompliant on the recess yard 7 of 34 opportunities, 20 percent of the time, not worth mentioning especially since he attends 3 recesses which means of 102 opportunities Jan has been successful by that I meant with compliance 95 of then. We couldn't possibly get a behaviorist to take data on this because Jan's already successful.

Q. And one of the things that Dr. Yahr said, my question to you is am I reading that correctly is 20 percent inappropriate behavior is way too high, did I read that correctly?

A. Yeah, he said unless Jan's monitored.

Q. That's what I asked you.

A. Has a one-on-one behavioral person with him on the playground this behavior will repeat itself. He thought Jan was on the playground alone.

Q. May. I move to strike the end of the answer. My question was, did I read it correctly? She answered yes.

MR. COLES: Your Honor, what the counsel was doing was trying to only selectively take one small portion of correspondence. The witness properly answered and in complete detail. She just didn't like the answer, and I don't think that's a reason to strike it.

THE COURT: I think those assertions have been made back and forth in this proceeding thus far to this point in time I am going to grant the request to strike the latter part of that question as nonresponsive.

BY MS. HEWEY:

Q. I thought I understood your testimony on Friday to be that all of the documents contained in Plaintiff's Exhibit No. 19 were provided to the Falmouth School Department, is that true?

A. Yes, they were.

Q. Okay. So is it your testimony that you provided the Falmouth School Department with copies of correspondence between you and Dr. Yahr that we just talked about?

A. Did I provide them copies of this?

Q. Yes.

A. I may have, very well have, yes. I am not sure.

Q. You are not sure whether or not you did? A I am not sure if my correspondence was sent to them, as you know when I send out an e-mail about my son about 20 people get it.

Q. Okay, and if the Falmouth School Department is not indicated as a CC to the correspondence contained in Exhibit 19 that it's fair to say that you did not provide them with a copy of that correspondence, is that true?

A. If there was a correspondence between my son's neuropsych and myself I would not provide then with it unless it had something to do with them.

Q. Okay.

A. Not.

Q. That's all the questions I have.

REDIRECT EXAMINATION

BY MR. COLES:

Q. Just one brief follow-up on exhibit 24, is an annual review the same as a PET meeting?

A. A PET meeting is a meeting held with school personnel, possibly a psychiatrist, occupational therapist, family members to develop an individualized education program for a child in school, so a PET meeting is generally held for children who attend school, who receive their education through public school.

Q. Has there ever been an independent educational IEP ever held on your son?

A. Not since he's home schooled he couldn't have one.

Q. What I am asking you is the annual review which is the first page of exhibit 25, is the annual review something different than a PET meeting which is what defense counsel suggests?

A. Well, an annual review meeting is in response to a service plan. That would not be a PET meeting. That would be a service plan meeting to say this is the service plan, it's the end of the year, here's how it went. Do you like it? Do you want to do it again, not do it again?

Q. The reason why you didn't attend the PET meeting a few weeks ago is because you don't want any services from the school system?

A. There is no need to have a PET meeting. It's not relevant.

Q. No further questions. Thank you.

THE COURT: Thank you. Attorney Hewey, any further questions?

MS. HEWEY: No

THE COURT: Thank you, Miss Fitzpatrick.

MR. COLES: Call Mora Katz.

 

Reported by: Diane L. McManus, Official Court Reporter

(This transcript was scanned from a certified copy of the original and converted to text using OmniPage Pro 14.)

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