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Former Student Sues School Board Save Email Print
Posted: 10:20 PM Mar 3, 2008
Last Updated: 10:20 PM Mar 3, 2008
Reporter: WSAZ NewsChannel 3
Email Address: news@wsaz.com

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KANAWHA COUNTY, W.Va. (WSAZ) -- Most students are excited to get their high school diploma, but a former student at Sissonville High is suing the Kanawha County School Board for letting him graduate.

Now the state Supreme Court has decided to hear the case. Thomas Sturm's attorney says Sturm shouldn't have graduated because he still reads on a third grade level.

The school board's attorneys say Sturm had an individualized education plan, and neither he nor his parents filed any complaints while he was in school.

“IEPs are developed and formulated and put in place anytime the parent would have cause to believe there's a problem, there’s a grievance procedure,” Attorney for Kanawha County Board Chuck Bailey said.

The Supreme Court is expected to hear the case this summer.

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Posted by: A Teacher on Mar 13, 2008 at 02:51 AM
Having read the comments since this story broke, makes my insides churn. I taught for over 30 years. Most of my students were academically low. They did not qualify for extra help. Yes they struggled and became frustrated bcause the system expected them to reach a certain spot in the education by a certain time. As the teacher, it was my responsibilty to see that they achieved that goal. Sometimes they were held back, other times they were advanced to the next grade because of their age. Many parents were not interested in the child's achievments. only the end results - did they pass!! Having mainstreamed special needs students into a "regular" classroom is challenging - not only for the students , but the teachers as well. We have a big brother/sister looking over our shoulder to make sure we are following all guidelines of a new program put in place that is suppose to make the teachers job easier and the students more capable of obtainging the desired level - Pressure from all.

Posted by: Anonymous on Mar 10, 2008 at 01:37 PM
To Anon at 11:21, Is your caps lock button broke?

Posted by: anonymous on Mar 9, 2008 at 11:21 PM
Teachers why do you bash these students and say they Don't Want to Learn. Then put their Parents down! I'm sure that some of the NOT so SMART KIDS of TEACHERS that Bully other Students wouldn't Pass if their Parents were not Teachers! What makes You think You Are Better Parents than the Parents of the STUDENTS you talk about? Their is Good and Bad in PEOPLE of ALL WALKS of LIFE! You KNOW THIS! You are WRONG! Some of these students don't need to be retained,it does not help! Teachers and Parents BASHING ONE ANOTHER Does NOT and Will Never SOLVE or HELP ANY Problems for a STUDENT! WHEN WILL YOU STUPID ADULTS that ACT LIKE 2 YR. OLD KIDS with your BLAME GAME EVER LEARN THIS? I am sick of hearing this BS! No CHILD or Student needs to be PUT DOWN and Hear this BLAME GAME! This is ABUSE TO A STUDENT! PUT YOURSELF in THE TEEN or YOUNG STUDENTS SHOES! How Do you think they Feel! This can HURT a STUDENT,INSIDE and OUT! SHAME ON YOU ADULTS that CALL YOURSELF PARENTS and TEACHERS! Students Hear!

Posted by: Ky mom on Mar 9, 2008 at 10:55 PM
What are parent's doing now a day's to ensure their kid's success? I know what my kid's are capable of because I sit with them every evening doing homework. When I notice a problem, I address it. If they need to go to tutoring, than they go. If they need an IEP, than I get one in place. Whatever it takes!! You can't put all the blame on school's for your kids short comings. I receive letters all the time saying the importance that my role as a parent is to the education of my child. As parents you have to step up and help your child in every way possible and don't try to blame other's when YOUR child is not succeding. Look's like there should have been better communication somewhere. Sueing now will only hurt the families who still have kids in school and who ARE doing what it takes to ensure their kids a bright future.

Posted by: lynn on Mar 9, 2008 at 09:15 PM
my son goes to the school that I grew up in. He is in Kindergarden. He has a speech problem, he sees someone for occupational therapy, and someone for special needs children. He has problems with reading but is doing much better. The key is spending time with your child, and there teachers and principal. Its not the school fault if your child does not learn. If they act out then that is your fault. I think its a sad situation with kids who parents do not interact with there education. If you think your child has a problem get him in on a IEP. It really does help. Take some time reading with your child. Reading and writing is hard things for young children. They should master this in grade school. If you go to school and goof off, do not blame anyone but yourself. I have been in school and seen kids goofing off and they pass them on. Me myself had to say up until 3 am at times to study. That is just not right in my book. I hope I have not offended noone. If you work at it, you will achie

Posted by: Teacher on Mar 9, 2008 at 03:13 PM
When are students and parents going to take responsiblity for themselves. Some of our principals force us to pass students on based on social promotion. I think it is time that we stand together as teachers and start making the administrators sign a letter saying that it is them, who is promoting the child, without teacher backing. What do you expect teachers to do when students look you straight in the eye and refuse to work, because they know they will get passed on anyway. Parents of those students need to provide stricter penalties at home. What ever happened to the old days when kids knew they were going to get in trouble at home for misbehaving at school? I say we made the mistake when we removed paddling. Parents who know their children are struggling need to work with them at home or find someone who is willing to work with them also. There are too many programs out there offering help. We give modified tests...why not give modified diplomas?

Posted by: Leigh Anne on Mar 9, 2008 at 01:08 PM
Gay Ramone-You have your nerve calling ANYONE stupid with the way you spell.

Posted by: jim bob fisher on Mar 9, 2008 at 12:09 AM
u know ur are redneck if..... you try to sue a school because you can't read.

Posted by: Anonymous on Mar 8, 2008 at 09:22 PM
Education starts at home.Well why do we send them to school ?

Posted by: Ky on Mar 8, 2008 at 09:17 PM
I hope you win .I know a girl that got her diploma and she can't spell or do math or even write her name and it's not because she don't want to ,she is what you call slow .She gor her diploma from Martin co.Most school's want's the money the kid's bring's in ,they are not worried what they know .

Posted by: annoymous on Mar 8, 2008 at 12:55 PM
Mainstreaming does not work. Liberal thought perpetuates the idea that it's wrong to make individuals feel inferior to their peers because they are not as smart. Putting them in classes that are clearly above their capacity to compete in only makes the situation worse which has been proven by this case. Somewhere along the way, "special education" became a negative term and educational leaders felt that by putting children in these classes somehow labeled them as "slow" or unable to learn. The answer is not to lower the bar so that everyone can pass and feel good about him/herself. Evaluation at an early age and determining a persons capabilities is one step in the right direction. The curriculum would fit the child, not the other way around.

Posted by: Kevin M on Mar 8, 2008 at 12:30 PM
I want to quit work and get a check or sue some one, I'm tired of seeing my neighbors who sleep in all day because they don't have to work drive new cars or ride thier 4 wheelers untill 3 am.... anyone with an idea let me know.

Posted by: I'm smarter than a 5th Greader on Mar 8, 2008 at 12:18 PM
It's not the Schools fault the kid was to stupid to learn

Posted by: A. on Mar 8, 2008 at 11:18 AM
Letter grades(A,B,C,D,F's) are not indicative of what students actually know. An "A" in one class does not equate to an "A" in even the same subject from a different teacher. Parents should request schools change from a letter grade system to a standards based system of reporting student progress. I would think most parents would prefer to know what specific skills are their child's strength and which specific skills with which their child struggles rather than seeing an ambiguous letter grade. Thirty years ago typing and shorthand were thought of as essential to those students pursuing a business related career but were thought of as an asset to those attending college. Today, students are expected to be computer literate practically by the end of elementary school and can communicate with people all over the world through a computer or even cell phone.Society hold schools responsible to prepare students for jobs that currently do not exist. Poor teachers!!!

Posted by: Anonymous on Mar 8, 2008 at 11:05 AM
thats a great way to put it about not being able to help one child just to many children in the class room so if there's one that needs help o just forget it one child can never made a difference teacher your in the wrong line of work i hope my children are never going to same school your teaching at

Posted by: NY Doc on Mar 8, 2008 at 10:51 AM
The government school system is broken. It needs to be deconstructed and fixed. Alas, it will not. It will just degrade and decay until it is nothing more than a daycare... oh wait...

Posted by: teacher on Mar 7, 2008 at 11:27 PM
To Kathy: until you are a teacher, which I doubt you are even close or you would understand that blaming the a teacher for a kids problems is nuts. Most classrooms may have between 20 and 30 kids. Putting all of their attention to one kid is like asking you to only pay attention to one of your kids. We are overwhelmed with increased class sizes due to budget cuts that do not allow the districts to hire teachers to keep class sizes down. I have 35 student in one class. Spending the time on one student and not giving the others any time is what you are asking, which is completely crazy. Get a life. Parents need to play more part of their kids lives. Guide them and lead them in the right direction, show them education pays and it's not always a smooth ride where ever you go. It's so obvious when I have students whose parents could care less, they care less too.

Posted by: KY teacher on Mar 7, 2008 at 11:10 PM
IEP stands for individualized education plan. It is a plan for addressing a student's specific needs and making accomodations in their instruction. It is NOT a type of diploma. IEP's can be designed for students as young as kindergarten. IEP's are even used for students who attend speech.

Posted by: ISAAC on Mar 7, 2008 at 09:22 PM
This is some crazy stuff here!! Sue the school for him not reading, I could see it if this kid had perfect attendance. My good heavens people all this kid deserves is a felony for atempting to scam the school system!! What is this world coming to??? OH well, hopefully when he loses it will be front page news so no other dummy will waste the courts time?!

Posted by: John on Mar 7, 2008 at 08:55 PM
To sum this up, I think both parties should be held accoutable. the school system should be set up so when the children go to the classes they are not only graded but also evaluatied and if a problem comes up about the same student from various teachers then the school board knows that there is a problem. then at that point the parents can be notified about the problems, and if nothing is still not done then this not only takes the problem full circle but it would be very hard to say the school and teachers didnt care. Also for people to say that it is the parents duty to help the children with the work that the school system has these days might be right but what about this young mans future children, do you think he will be able to help his children. The blame game does not solve the problem, we as the parents and teachers need to find a better solution to help our children if the want it or not.

Posted by: mad mother on Mar 7, 2008 at 02:53 PM
To larry, there are plenty of educated people in WV.And a matter of fact I have a college education and so do my sons.So when you talk about people remember there are of uneducated people in other states. And personally I think it takes an uneducated person like you to make such a commet especially about a child.So when you want to take a look at eduaction do your stats before opening your mouth!Go back to school and get your own education.

Posted by: Jerry on Mar 7, 2008 at 11:49 AM
Goes to show you that West Virginia is the Stupidest state in the Union.

Posted by: Soupgoblin on Mar 7, 2008 at 10:53 AM
Problems like this always come back to one thing; bad parenting. It is the school's job to instruct and to offer the tools to learn, it is the parents job to follow up make sure that "snowflake" is actually progressing in their studies, teachers have hundreds of students to deal with and cannot devote the same time and effort that a parent MUST devote to their kids. It is not the school's responsibility to raise your children for you, stop expecting teachers to pick up your slack, get involved with your child's education

Posted by: Mother of a Teacher on Mar 7, 2008 at 10:45 AM
You can lead a horse to water but you can't make him drink, same go for learning. You can give a child every opportunity to learn, every book or piece of information that it takes to succeed but if that child does not take advantage of them it's not the teachers fault.

Posted by: Brittany on Mar 7, 2008 at 10:28 AM
If parents would take some responsibility and encourage learning before kids get to school instead of leaving education entirely to teachers, then maybe people would be literate. I place the blame mainly on parents. And to Reader, IEPs don't mean you have a mental disability. Gifted students get them as well.

Posted by: Kimberly on Mar 7, 2008 at 09:21 AM
Leigh Anne, Congratulations! In my comments I was not completely thorough. My son has ADHD with learning disorders. I have a another son with ADHD only and he is on the B honor roll. There is a difference. I was just commenting on my son's situation with learning disabilities. I just hope that the county gets this program ready soon so that kids like my son can goto Ben Franklin and learn a trade. He can not remember what he has read and the psychologist said he will always struggle and Ben Franklin would be a great option for him.

Posted by: Reader on Mar 7, 2008 at 03:14 AM
If the man attained an IEP, he probably has mental disabilities. If he and his parents worked with the school to create the IEP plan, they shouldn't be dissatisfied. This sounds like a lawyer trying to take advantage, and the former student not having a full understanding of the situation, which goes along with the reasons he got an IEP insted of a normal diploma.

Posted by: Larry on Mar 7, 2008 at 01:42 AM
Who expects anybody from West byGawd Virginia to read above third grade anyway? Kid spends all his time playing video games and throwing spitballs in class and now he complains the teacher didn't force him to pay attention? All that liberal education BS about letter grades and pass/fail standards is coming back to haunt them. This precious little snowflake wasn't worried about his self-esteem when he went to class. But that doesn't get him a j-o-b in the real world.

Posted by: Teacherwhoknows on Mar 7, 2008 at 12:24 AM
I'd like to begin by pointing out that many of you that are complaining of yours kids education level being too low are making tons of spelling mistakes and other errors. It is hard to take someone seriously when their posting looks like a word jumble. To the topic at hand, this student was failed long before they graduated, not only by teachers, but by their parents, and the system. As teachers we must instruct, as parents we must encourage, and the school systems need to govern. Anyone who complains about teacher pay raises has never had to teach, and would not last a day in the classroom either as they wouldn't be able to face both the expectations and the "parents who know how their kid should be taught". In closing, if these parents were so concerned, then they needed to have stepped up long before now and said something, the ball was in their court for 12 years of school and to tell me they didn't know he could barely read is a far stretch.

Posted by: Brian Altieri on Mar 6, 2008 at 11:09 PM
We live in a country founded on the principle of equal opportunity.....NOT equal outcome.

Posted by: Plain and Simple on Mar 6, 2008 at 09:53 PM
Homework is stupid. To the arguement that parents should help. Parents are not teachers. A student should be able to go to school for the 8 hour duration and be able to learn the material. Teachers that d not teach and send the child home to learn should be fired.

Posted by: RJ on Mar 6, 2008 at 09:42 PM
Sounds like bad parenting. Education starts at home.

Posted by: anonymous on Mar 6, 2008 at 08:38 PM
IEP Diploma: Approximately half of the states offer a diploma to children with special educational needs based on a child's successful completion of the program outlined in his or her IEP. This option is referred to in some states by such terms as "certificate," "certificate of attainment," "certificate of attendance," or "special certificate of completion" rather than as a diploma. Many states also offer students with disabilities an alternate way to earn a standard diploma. In most cases, the state allows modified coursework to count the same as standard coursework. In some cases, completion of the IEP program is considered sufficient to earn a standard diploma. Nine states with graduation exams have special diplomas or certificates that can be earned only by students with disabilities as expressed on IEPs.25 Indiana offers a certificate of achievement to students with disabilities for whom a diploma track program was not deemed appropriate. From:Special education and high stakes testing for high school graduation: An analysis of current law and policy Journal of Law and Education, Apr 2001 by O'Neill, Paul T

Posted by: sara moon-mcknight on Mar 6, 2008 at 08:19 PM
i think this is great when i found out that my husband and his two brothers graduated from the same school i did and none of them can read my 4 month olds books it made me sick to think how hard i worked and almost did not graduate just because they were in special education classes i think it is about time the schools are held accountable..

Posted by: Gay Ramone on Mar 6, 2008 at 08:06 PM
So,,,evey black kid can now sue their school,,cause they are to stupid to read a 2nd grad book

Posted by: Bev on Mar 6, 2008 at 05:16 PM
Whether or not people want to admit it our schools are just pushing some kids through the door. When I was going to school if you couldn't do the work you failed. Now they are "dumbing" down the classes so these kids get lost in the system. I know kids who have graduated that can't even tell you who our first president was. How sad is that???? I'm tired of hearing people talk about raising teacher's salaries. Put more money into the curriculum and TEACH.

Posted by: anonymous on Mar 5, 2008 at 10:06 PM
Did he get a diploma or a certificate of attendance? There is a huge difference. Some Special Education students with lower IQ's are given a certificate of attendance because they cannot complete the requirements for graduation. And this should have been clearly explained to both the student and the parents several years before he left high school.

Posted by: Leigh Anne, yet again :) on Mar 5, 2008 at 08:42 PM
I do feel that I can speak on this subject Kimberly, because I have ADHD and I am attending Ohio University. I made the honor roll last quarter, and will make the Dean's List this quarter. So once again stop making excuses, and start taking responsibility. Have you ever heard of self-fufilling prophecies? Change your thoughts and you will change your life.

Posted by: Joy on Mar 5, 2008 at 06:41 PM
Maybe this student or the teachers were lazy.(EVERY YEAR?)I doubt it.Any student with a special ed placement(except for speech therapy) has had his IQ determined by a psychologist before an IEP is written. This and all his strengths and weaknesses are gone over with the parents before a placement is made. Parents are always told that yes, your child can learn, just at a different rate. This glosses over the fact that, for those with low IQs, the rate is extremely slow and the child will never come close to catching up with his peers. (It has become politically incorrect to tell a parent that the child will always have limited abilities, especially since NO Child Left Behind.) By law, these students must attend school and many put in their years until they "graduate". Some drop out when they can. Some find jobs to eek out a living. However,some families don't realize(or won't admit)how limited the child's abilities really are until they can't get the kind of job they want.

Posted by: A Teacher on Mar 5, 2008 at 06:38 PM
It is easy to leave negative comments about teachers and the school system when you have had a bad experience. Please do not categorize all teachers, schools, and counties in the same negative column. Yes, there are teachers in the system who don't care or pull their share of the responsibility. There are also parents who do not take the resonsiblity either. I have dealt with both! The solution - make becoming a teacher more intent with making the teacher canidates fully aware of their responsibilities. Truthfully, I was not aware of what a teacher had to do until I did my student teaching!!! It is not about working with the students, but it now involves paper work that requires hours of work AWAY from the school. Yes, it is homework if you want to be able to teach. They already have parenting classes available, maybe some of the less involved parents should attend these! Whether it is the teacher, parent, or student, it does take a number of people to educate a child successfully.

Posted by: Anonymous on Mar 5, 2008 at 05:29 PM
I've posted twice to this already. 4-5:42 and 4-5:52. In reading the other responses since, some of you are still not understanding that there is ACTUALLY a problem in our schools. Suing is not the answer, I agree to that. Some of you are saying the parents are the problem, in some cases I'm sure that is true. I know from volunteering so much it is, but I also know a lot of teachers do not TEACH. They watch tv or what ever and send the work home for the parents to teach. I DO KNOW THIS! I have experienced this. I was a hands on parent totally, in the school and the home. If the child is not liked or something by the teachers, they get NO help what so ever. In my case, she got the help, tutoring and so forth, but still was passed on struggling for knowledge without being taught it as was many more in her class with 4.0 GPA's. How are they getting those grades, but not ready for the real world if ALL the teachers are doing their jobs? Because SOME aren't! Schools need overhauling!

Posted by: teacher on Mar 5, 2008 at 04:50 PM
Every student does not have an IEP, it is a legal document that can only be completed after a Multi-Factored Evaluation which includes IQ testing and achievement testing by a school psychologist. Parents must give written permission for this to take place. That is a federal law. Then, if it is determined that the child has a disability an IEP may be written. Once again, parents must give written permission for the IEP to be in place.Please know your facts before you post.

Posted by: Jennifer on Mar 5, 2008 at 03:43 PM
I'm not really sure who is to blame here. I'm not sure his mental capacity or IQ. I also don't know how involved the parents were with his education as he was growing up. For example I don't know how much his parents helped him at home with reading and homework. I'm only commenting from what I have read on this article alone. I agree that the school system should challenge students to their full learning potential but it is also up to the student to challenge him/herself. If you want good grades you have to study. You weren't born with this kind of knowledge. This article does not mention how he did in other subjects either. If he did well in subjects such as math, history, or science then I don't see why the school should be held responsible.

Posted by: A Teacher on Mar 5, 2008 at 01:21 PM
Anyone who has the support and really wants to receive the best education possible can do so with hard work. Too many times a student wants to take the easy road-don't we all-and they have the backing of the parents because it is less of a hassle for them. Those students with IEP's or 504 Plans have problems with learning-exception are most gifted students who are required to have an IEP. At the middle school level-a difficult time in a child's life anyway-I have dealt with parents who only wanted the end result to be passing grades for their child. If the grades were up, they could participate in sports! Suing the school system is another attempt of possibly obtaining their goal the easy way! I have worked with great SPED teachers who did all humanly possible for their students to receive the best education possible. I have heard their frustrations when they could not get the parents in to talk about their child's IEP! Who does the public hold responsible-teachers-an easy scapegoat!

Posted by: charity on Mar 5, 2008 at 01:13 PM
where's my post WSAZ?I was the 2nd one to make a comment and ask for any one with any advice for me as a parent for help and you didn't even post it,I think your station only post's on what they want to,so this will probly dp me no good to write either but in case they do post this,ANSWER MY QUESTION WHERE'S MY 1ST COMMENT AT?

Posted by: Melanie on Mar 5, 2008 at 12:31 PM
i don't know about the kanawha county schools, but in most of the wayne county schools most of the special education teachers are more envolved with sports and allow the children that need the extra help to sleep while they are off talking to the coaches! How will money help this man? And if he were worrying about it so much why didn't his parents step up when he was in high school?

Posted by: anon on Mar 5, 2008 at 12:02 PM
I agree with kimberly, some people just don't understand if they havn't been in the situation.

Posted by: Anonymous on Mar 5, 2008 at 12:00 PM
ok everybody...EVERY STUDENT HAS AN IEP..WHETHER YOU KNOW IT OR NOT THEY DO!!!

Posted by: Daniel on Mar 5, 2008 at 11:59 AM
Instead of complaining about the lack of help your child receives at school why not volunteer some of your time to help out in the classroom. A teacher is only human and can only do so much. The old saying, " You can lead a horse to water, but you can't make it drink!" applies to this situation.

Posted by: Anonymous on Mar 5, 2008 at 11:23 AM
I have ADHD and a learning/behavior "difference". I am 42 years old. I had a great special ed teacher in HS, long before no child left behind. In 9th grade I had a 3rd grade reading level. I graduated high school in 1984. In 1994 I went back to college (second attempt)and finished with a degree and very close to high honors. I now have a masters as well! Anyone...I do mean anyone, who has support and guiedance can achieve their dreams. I am afraid that society has moved toward enabling peopel to be helpless and dependent on the "system". Never give up...Dont tolerate catagorization of our students. I think this student should be suing the school...they cut him lose and sent him on his way without the skills needed to be self-sufficient. They need to be held responsible......not by supporting him for the rest of his life...but by providing him the skills they should have provided to start with.

Posted by: Cindy on Mar 5, 2008 at 10:54 AM
These are the same parents who would have sued if the Board of Education had refused to let him graduate. Money hungry.. I agree with the other writers who say make the Bd of Ed give him more classes and specialized tutoring. The parents knew he could not read why is it a problem now.. maybe they need money since he is not getting his disability check for ADHD or whatever his issue was that got the check now that he is out of school. I agree with Leigh Anne accept responsibility for yourself and your children...

Posted by: Kimberly on Mar 5, 2008 at 10:06 AM
I am glad he is suing! My son is in the same situation. The teachers can only do so much. I help my son as much as I can. I was told at my son's last IEP meeting that Kanawha County is working on getting students like my son into Ben Franklin. Because Ben Franklin looks at their test scores they do not want to enroll them. Not all students are college material and these students need to learn a trade. Unless someone has a child with ADHD and learning disorders they just need to keep their mouths shut! You don't know what your talking about! Some of the people's comments below are just terrible!

Posted by: Mom on Mar 5, 2008 at 09:54 AM
As a mother I see the parent's concern but why sue for money why not sue just for a center to teach the child to read if thats what this is all about! That makes sence to me, that way the child learns to read and its not costing the parents anything to have the child taught! Then end of story!

Posted by: IEP on Mar 5, 2008 at 09:46 AM
To anonymouse: IEPs are also used for gifted children...not just special education. My son has one and I would refuse to sign it if I did not agree.

Posted by: A Mom on Mar 5, 2008 at 09:34 AM
As a concerned parent, I wonder where his parents were when he was skipping class? If I were able to, I would make him enroll in evening classes and mandate he attend them. I would not award him any money for his foolishness. It seems like gone are the days when we take responsibility for our own actions. If he wanted to learn to read, he should have been in class instead of out of school. Teachers can't force someone to learn to read. Where were his parents when he was failing reading? Seems like they should have been there for that instead of teaching this guy to sue over his own failure to apply himself. I don't want my hard earned money going towards his irresponsibility. Make him attend GED classes and throw this back on him. If the BOE had withheld his diploma, they would have sued over that. BOE is in a no win situation. I hope the court sticks it to him instead of the BOE!

Posted by: Spelling 101 on Mar 5, 2008 at 09:09 AM
To Tanya, this is how you spell experience. No wonder you feel you can't teach your child anything. Now I agree, that the teachers are responsible for a lot, but us parents should also be responsible to make sure our kids are learning and what's going on with their school work. Children can learn a lot from their parents if the parents just take the time to spend with their kids. Most would rather be doing something else.

Posted by: SPED TEACHER on Mar 5, 2008 at 08:43 AM
Parents should have filed grievance procedures while still in school. If a student has a disability, there is a learning hindrence. Especially if he did not attend school regularly. Blame should also be put on parents as well for not working wit him. Ask his teachers--they'll know if they did oor not. I am a teacher, and we can tell! While I do think ADD and ADHD are overdiagnosed, learning disabilities are not. It all depends on the student's disability. Either way, if there were no complaints while he was in school, too bad! Something should have been done long before he graduated, and there are laws about graduating IEP students even if they are severely impacted by their disability.

Posted by: Leigh Anne, again on Mar 5, 2008 at 08:42 AM
You can try and justify this all you want, blame prescription drugs, the School Board and the teachers, but no one is to blame but the parents. My daughter is in kindergarten and brings home a homework packet every week. I am responsible as her parent to make sure that her work is completed. NO ONE ELSE. If I have a problem or concern, I call the school and schedule a conference, that simple. These people had ample time to solve this problem and chose not to. The young man in question had to have known at some point during his schooling that there was a problem. He could have spoken up. STOP making excuses, and START taking responsibility.

Posted by: anonymous on Mar 5, 2008 at 08:04 AM
WSAZ Print This! Put the blame where it belongs? The State,and County Boards! As for BEHAVIOR in schools blame the Dope/Medications that these students are put on! Why do Teachers Pressure Parents to put their kids on Pills? Why do Parents want to put their kids on these PILLS? Read about psychotropic pills that alter the mind such as: Ritalin,Adderall,Concerta,Dexerdine,Zoloft,Paxill,Depakote etc. can do! Parents that are concerned can read it at: www.RitalinDeath.com

Posted by: Amazed on Mar 5, 2008 at 07:41 AM
I'm amazed by some of the comments on here. Because I care about my kids, I take interest in their school work. I make sure their homework is done every night. We read together. We practice reading while we are out and about. We send our kids to school to get an education, but it does not stop there. It begins and ends in the home. IF you are involved with your kids, it is easier to take care of problems. And you know, our Elementary school has many tutors and SPED helpers to ensure the kids get all the help they need. It does require the parents do work. We just can't send them to school and expect everything to be ok. They have to read their books at home. Where were the parents in this case? If this guy can't read past a 3rd grade level, the parents weren't making him read at home. How do you learn to ride a bike? Practice. How do you learn to read? Practice. Throw the law suit out. Why should we pay for his parents' delinquency? It is called personal responsibility. Get some!

Posted by: Kathy on Mar 5, 2008 at 07:34 AM
I don't blame him one bit. My sister had to hold back her son a couple years ago, because his teacher was too busy paying attention to other students and not all he students. My nephew is dislexic and no you are not in special ed for that. My brother had it and graduated top of his class. The teacher my nephew had plainly told my sister that she had to worry about so and so, and couldn't worry about my nephew. So for his sake my sister held him back. I remember when I was in school, we had a teahcer who liked the boys over the girls. The boys that sat near her desk and flirted that is. We had a boy in and girl in our senior class who were dating. We had a huge term paper due that we'd spent all semester on. The girl worked on her's from day one...got a C- her boyfriend worked on his two days before and got a A. That's because the teacher liked to watch him casually strut away from her desk and liked to hear him and certain other boys tell her how beautiful she was & stuff. It's stupid!

Posted by: Angie on Mar 5, 2008 at 05:28 AM
First of all this should have been brought up before graduation, like somewhere in between 3rd grade and middle school by THE PARENTS or THE TEACHERS teaching this student who saw that he was only reading at a 3rd grade level. It never should have gotten as far as high school before becoming a problem. I'm not a big believer in suing over every stupid little thing, however, it sounds like someone needs to open up this school board's eyes a little bit so they can come up with an action plan for the future. I do hope however this gentleman gets no actual money out of the deal but the opportunity to further his education and the chance to learn how to read at no cost to him no matter how much it costs. He's doing a great thing I think but only if he's doing it for the right reasons and not for the money unless he plans to use the money to better himself education wise.

Posted by: Chet on Mar 5, 2008 at 05:24 AM
This is crazy. I know this kid. On most days when school was in session he was not there. He was hanging out at a local garage working on cars. The fact that he cannot read is his own fault. He should have attended school, and if needed asked for help from teachers and administrators. He is looking for a free ride and a undeserved payout from Kanawha County Schools. Instead of being awarded cash, he should be given the oppotunity to attend evening reading classes.

Posted by: WOW! on Mar 5, 2008 at 12:59 AM
Are you kidding me? Suing the School board Doesnt this kid no he has a better chance of winning the lottery then a law suit with the school board. good luck!

Posted by: Dr. Nick on Mar 4, 2008 at 11:36 PM
Many times I have seen similar situations, and these children have been neglected early on in their development. It is not always that they are unable to learn, but often they are delayed in visual skills required for learning. Too many children are either "LD", or "ADD", or "ADHD". If only they were screened and treated for such visual perception or visual motor deficiencies, they may show dramatic improvement over their current capabilities. IEP's may not even consider the student's complex visual status. Schools either are not obligated to remediate the problems, or they neglect these problems, or the parents do the same, and in the end the child suffers. At the last, when our children have failed, who is to blame? See your local Optometrist and talk to them about the situation.

Posted by: Get a grip! on Mar 4, 2008 at 11:23 PM
You know there are age restrictions, Kids can only be held back for so long. I don't find it likely that they would keep holding back students because they can pass the classes. It is against the law. If it weren't you could find 18yr. olds in third grade classes. Then we could grip because they were to old to be around the young ones. Hey, maybe another lawsuit.

Posted by: Reader on Mar 4, 2008 at 10:01 PM
To:SUE,YOUR STUPID! Most Parents are Not DUMB,they are harassed until they sign the IEP papers,which they DO NOT READ for fear of things being worse for the child.They ususally are,if parents don't sign!Parents don't have the main say ,when they sign these paper. Parents should READ EVERYTHING on this IEP PROGRAMS and giving their child Perscription Drugs that are mentioned in the schools. Parents are caught in the middle! The Teachers are caught in the middle, because they are told to do this! I suppose the Principals would say they are required to do this by the Board. Nobody knows what to do with the child or the high school student that can't read! Holding the student back for-ever will not solve the problem! Some student has to want to learn to read, for some it may take a few years to kick in for others they may never read well, some of this students do great with numbers and math! These students feel bad and suffer! BASHING Students,Parents & Teachers WILL NOT solve the problem!

Posted by: teacher on Mar 4, 2008 at 09:22 PM
OK folks Special Education teachers do assign homework when needed. We have to follow the same state indicators that the "regular" students do. I personally had 100% of my special education students pass their third grade Ohio Achievement Test. You have to teach strategies AND skills. Not every student is going to be a brain surgeon. Please be realistic. Read to your child BEFORE they come to school, teach them how to write their name, teach them their ABC's. Believe me, Kindergarten is not what it used to be. Do I agree with this? No, but it is what we are told to do. So if you have a complaint about schools talk to your elected officials.

Posted by: Anonymous on Mar 4, 2008 at 08:50 PM
I'm beginning to wonder if they should adopt the Sylvan learning technique in the class room for Kanawha co. schools. Or maybe Hookd on fonics werked fur me.

Posted by: SUE on Mar 4, 2008 at 08:22 PM
MY CHILD GRADUATED FROM SISSONVILLE HIGH SCHOOL 4 YEARS AGO AND IS NOW GETTING READY TO GRADUATE COLLEGE WITH HONORS.....THE EDUCATION IS IN THE PUBLIC SCHOOLS IF YOU WANT TO TAKE ADVANTAGE OF IT...IN SOME CASES THE PEOPLE WILL NOT KNOW ANYMORE IF THEY ARE IN SCHOOL 12 YEARS OR 112 YEARS...THEY HAVE NO ENCOURAGEMENT OR HELP AT HOME...I STRESSED EDUCATION TO MY CHILD. THERE IS HELP IN THE SCHOOL IF YOU NOTICE YOUR CHILD NOT PERFORMING ON LEVEL..TEACHERS WILL STAY AND TUTOR YOUR CHILD IF YOU GO TO THE SCHOOL AND ASK...NOW I AM NOT SAYING THIS SCHOOL IS WITHOUT ITS PROBLEMS BUT THE EDUCATION IS AS GOOD AS OTHERS.

Posted by: Anonymous on Mar 4, 2008 at 08:03 PM
It has been interesting to read the comments about the family suing the school system. As a former teacher I can see both sides - teachers get the blame for the child's failure; parents trying to get help for their child, but because of all the red tape make no progress; and both parents and teachers clustered into one group as either good or bad. If each child had a one on one learning situation, then we would see amazing stories of accomplishments. The truth is that with all the guidelines put in place by those with the power, the ratio of many of these students who might fall in what we refer as the "grey" area is not where it needs to be. Those in education try - yes there are those who may not (as well as parents who don't help at home)- but don't classify all teachers or parents in the same category. Each child is unique - therefore their learning is unique. Who is the blame - a little bit of everyone involved starting at the national level down to the student!!!!!

Posted by: Sue on Mar 4, 2008 at 07:50 PM
I agree with Ms. Ville. Parents do not want to help their own kids at home. They have no time for their kids. They have to blame someone, may as well be the school or the teacher. I would know if my child couldn't read by first grade. Parent's now a days do not deserve to have kids. They don't have time for their kids. I work at a school and let me tell you, Parents are dumb. I blame the parents here. The parents have to sign the IEP and they have meetings, so I don't blame anyone here but the parents.

Posted by: Mother of two on Mar 4, 2008 at 07:21 PM
Well said Ms. Ville

Posted by: Anonymous on Mar 4, 2008 at 07:15 PM
what a joke!!!!!!!!

Posted by: someones Mom on Mar 4, 2008 at 07:05 PM
I think that parent should have notice before ,now that their son could not read. They have seen some sign in grade and middle school.

Posted by: John on Mar 4, 2008 at 06:42 PM
Maybe the school system should offer him a free 2nd trip thru the education system to see if he cannot learn this time. This could fix the problem. This joker just wants money. Make him work for it.

Posted by: Anonymous on Mar 4, 2008 at 06:33 PM
easy way to make money eh? He can read at a 3rd grade level, but smart enough to sue. This is just pure laziness.

Posted by: Jason on Mar 4, 2008 at 06:22 PM
I don't think it's right to sue the school I think they should get better teachers. We have the same problem here in lincoln county I know people who have a high school diploma an can not read or write at all. There is alot of people that will say that its the kids fault for not paying attention in class but that is not true most schools are if you do not play sports or you parents do not pay into the school then the teachers could care less

Posted by: Anonymous on Mar 4, 2008 at 06:22 PM
Ok! I guess the IEP needs to be explained. Most children with IEP's DO NOT have homework nor do they bring home books! Most books are the teachers and they are used ONLY in the classroom! The reasoning is that the teachers are there to help with all work. That's why they are normally in a smaller classroom. My son has an IEP. I am finding out right now, that schools DO NOT want kids in there that take special attention. If it is too difficult, they say don't worry and they are passed right on through! I am battling this right now! Teachers want more pay, however, most DO NOT want to do anything more to get it! In my case I have found that kids with IEP's are discriminated against, treated unfairly. I have also found that they will do ANYTHING to get a kid that takes special attention out of their school

Posted by: Tanya on Mar 4, 2008 at 06:09 PM
IEP's do not mean your chld is going to get what they need to learn. Like I said the teachers can only do with what they are given. This is not just a problem it is a problem everywhere. Who's big idea was it to cut special needs programs in the NO CHILD LEFT BEHIND if the school isnt scoring the right scores in those areas!!!!! WOULDNT IT MAKE MORE SENSE TO GIVE THE FAILING PROGRAMS MORE MONEY!!! Seems like the whole system from the hardest working teacher up to the highest paid elected offical have all in some way failed the children of this country!!!! ON ANOTHER NOTE: THE PARENTS ARE NOT THE ONES GETTING PAID TO TEACH OUR CHILDREN!!! THIS IS WHY I SEND MINE TO SCHOOL NOT SURE ABOUT OTHER PARENTS!!! I EXPERIANCE THESE PROBLEMS EVERY YEAR IT NEVER GETS ANY BETTER AND AT THIS RATE WILL ONLY GET WORSE. ADULTS CAN NOT FUNCTION IN THE REAL WORLD WITHOUT BASIC READING SKILLS. IF THEY AREN'T LEARNING WHY SEND THEM TO SCHOOL OH WAIT THATS RIGHT THE SYSTEM NEEDS THAT MONEY AND YOU GO TO JAIL!

Posted by: Anonymous on Mar 4, 2008 at 05:52 PM
To finish my post from earlier, we did all we were suppose to do and more. When she went to college, we found out she was NOT ready to go. Not only her, but lots more kids from her class has had such a struggle they have dropped out. Some of these were 4.0 students. So what does that say for the school system? One student you might understand, two even, but a whole class??? I don't think so! Their whole senior year is stressed with testing, that is all in this county (Wayne) to make the schools look good. I'm sure there are teachers that teach their hearts out, and there are students who don't want to learn. Yet there are those that are there for the paycheck and that only. So I feel attention does need to be brought to this issue, maybe not by suing but in some way. Going to the schools, teachers, boards, Charleston or what ever is not helping. It needs to be higher up! At least for those good students and parents that want to see better education.

Posted by: Anonymous on Mar 4, 2008 at 05:43 PM
Just another reason to stay home & get a check without doing any actual work.

Posted by: Anonymous on Mar 4, 2008 at 05:42 PM
I am not for suing, that is getting so far out of hand in our country where most of it is frivolous and cost the taxpayers, but I hope it does bring attention to the school systems. I have read all the comments and I have to disagree with all the blame on the parents. In some cases I'm sure it is the parents fault and they don't have any participation in their children's life. I for one was a parent that took full responsibility for my child, her education and I stayed involved with everything at school, I saw a lot of things I wished I hadn't seen. So much so, I didn't get involved with anything when she went to High School, just the normal parent/conference and things she was in. She is now in her 3rd year of college and has struggled from day one there. This is a child that made straight A's all the way to high school, and then some B's and C's. She ran into problems with Math then, and we went thru the normal routine of help, talking to the teacher, tutoring and so forth. next post

Posted by: Rob on Mar 4, 2008 at 04:54 PM
I think the real problem here is the State Supreme Court for even agreeing to hear this case. With all the real issues in our state, it is a shame that they are even acknowledging such a frivilous lawsuit. I agree wholeheartedly with the poster that said the parents were doing a fine job of teaching this kid a real life lesson...how to milk the system.

Posted by: Ms.Ville on Mar 4, 2008 at 04:43 PM
As a former student at Sissonville, I believe that this is the parents fault and not the schools fault. I think I am well educated and Sissonville completely prepared me for college, for which I have obtained a Bachelors degree. This is completely the parents fault, and if this 18 year old adult can't read, then he should sue his parents for not being concerned enough about his welfare to take care of him. Suing is getting out of hand, and this case should be thrown out. His parents should sit down and talk with their child. Thats whats wrong with the world today, parents aren't concerned with their children anymore, and its outrageous and crazy to think that it happens every second of every day. My peace is said.

Posted by: melissa on Mar 4, 2008 at 03:24 PM
How long does the school system use an IED? Is it short or long term? B/c they only gave my son a week.

Posted by: desirae riffe on Mar 4, 2008 at 02:32 PM
thank you for being a good news serives

Posted by: Beth on Mar 4, 2008 at 02:16 PM
I don't think the parents should be able to sue. I think they should have took care of this while he was in school and having those IEP meetings. They are just as wrong as the school system. I know all about IEP meetings, trust me, the school system had completely failed my son, they say no child left behind, well they left mine behind. I had gotten a Child Advocate and believe me they make all the differnce. I still changed my son's school and he is doing wonderful. I do not know why she let them keep passing him and not doing anything about it then.

Posted by: Anonymous on Mar 4, 2008 at 02:03 PM
I am a Special Education teacher and was recently written up for not "making sure" one of my students passed math. Come to find out the students math reasoning was so low on an IQ test that it was a miracle he'd passed classes beyond a 5th grade level! He is now in 6th grade and they have just now decided to move him into a resource class. People can get worked up about parents, poor teachers, whatever they want. Special Education is a system that has been designed in reaction to problems. SPED is in need of MAJOR reform. It isn't anyones fault as much as it is the result of a terribly, terribly flawed system. This is unfortuately a common problem.

Posted by: My 2 Cents on Mar 4, 2008 at 02:02 PM
IEPs are Individualized Education Plans. These are reviewed with the parents periodically and the parents have to sign them. These can be altered if everyone agrees and if this child was not getting the education that the parents wanted...why not do something before he graduated. If my son could not read beyond the 3rd grade level by the time he left 3rd grade...I think I would be concerned enough to ask some questions. Maybe he wasn't getting the help he needed, maybe he wasn't trying and maybe he had a learning disability that wasn't addressed correctly. Whatever the reason, I don't think a lawsuit with monetary gain is sufficient in this case. He is out of school and is an adult or he wouldn't be able to sue. You can only attend school until the age of 21(I think) - if he is 18 and can only read on a 3rd grade level I would say that he has a learning disability. So...I don't know if my 2 cents was worth anything, but thought I would share it with you. Also it is WRITE...not WRIGHT.

Posted by: Former IEP Surrogate on Mar 4, 2008 at 02:00 PM
And more former students have this right especially if they had IEPs and did not meet their goals.

Posted by: K on Mar 4, 2008 at 01:45 PM
HaHaHa... people will seriously sue for anything.

Posted by: Donna on Mar 4, 2008 at 01:39 PM
I guess some people will do anything for a dollar. Parents don't give the needed attention to their children or the teachers. But they are the first to kick scream and yell when the situation looks funky. I don't know how many people have noticed but the majority of these people that are writing comments needs to take a few night classes themselves. I'am embarrassed for them. This really makes WV look real bad like "country stupid poor bumpkins" SO SAD!!!!!!

Posted by: Sue on Mar 4, 2008 at 01:19 PM
It amazes me how the public is so intent on blaming the school system - teachers in paticular - for what they perceive the failure of a student who does not obtain the level of education expected. Not all students have the capability to reach that level expected to be the norm. It sounds like this student had an IEP which means he was monitored by his teachers, a specialist, and even his parents. Monitoring reports should have been completed with notification to the parents of his progress or lack of progress. His reading on the third grade level at graduation should never have been a surprise. Teaching is a thankless job. Most teachers have gone into it to help with the education of the students as well as the love of their subject matter! Teachers get the blame when students perform poorly on standarized tests, but receive little or no credit when performing well. Having taught, it's frustrating to put your heart and soul into teaching to hear only negative remarks.

Posted by: In the Know on Mar 4, 2008 at 01:13 PM
**Comments are posted from viewers like me and do not always reflect the views of this station** Yet my response did not get posted. Hmmmm. We do live in a sue happy world. Sad isn't it, when views can't be expressed. I watched one child excel in school here, and the other flounder. The toughest part of watching the other child fall through the cracks was knowing that teachers didn't want that child in their class. It was too much paperwork, too much involvement above and beyond what they already have been burdened with. Anything beyond that makes it a hard job. I tried to get teachers to talk to me to no avail. Guidance counselors placed the child in honors classes based on test scores, when performance issues were obvious. Medical issues prevented normal class participation, but my child wasn't ill enough to be placed in Special Education. No sympathy for the school board or teachers. Even if one kid quits school, that's one kid too many. teach to teach not for retirment.

Posted by: Jennifer on Mar 4, 2008 at 01:08 PM
How typical. Mom and dad have likely showed him how to use the "system" and they are starting him at a young age. Always put the blame somewhere else, never on yourself whatever you do. And by reading the spelling in some of these postings, I am pretty sure I know why your children can not read, and it has nothing to do with