Student Returns Pending Ruling

A Chase Middle School student - who officials said created an uproar last fall by snipping students’ hair with scissors and hitting the assistant principal - is back at school pending a federal judge’s ruling.

The girl’s parents appealed to U.S. District Judge Justin Quackenbush to keep their daughter at Chase rather than transferring her to Sacajawea Middle School as Spokane School District officials had wanted.

Latoya Martin, 14, probably will finish the school year at Chase, said attorneys for both sides. The mildly retarded girl is in eighth grade and will go on to high school next fall.

“In the school’s view this is a frivolous appeal in part because there will be no hearing before the end of the school year,” said Spokane School District attorney Greg Stevens.

The case shows how frustrating it can be for school officials to try to discipline special education students, who have specific protections under federal law.

Attorneys from Spokane Legal Services Center represent Jimmie and Linda Martin, the girl’s parents.

District officials “think the way to solve a problem is to throw the kid out,” said Linda Martin.

The school’s handling of Latoya Martin’s discipline became part of the debate over claims of racial discrimination at the school.

The Martins filed racial discrimination complaints with the Spokane Human Rights Commission and the federal Department of Education’s Office of Civil Rights.

Among other things, they charged that school officials tape-recorded a meeting with them without their knowledge.

Chase Principal Rodger Lake sent a letter to the Martins apologizing for tape-recording the meeting.

The district and the Martins agree that Latoya was involved in a confrontation at the school on Oct. 21.

The Martins contend Latoya, who is black, was taunted by a racial slur from another student. They claim Assistant Principal Dianne Fields bruised Latoya’s arm by grabbing her in an attempt to discipline her.

The district said there was no racial slur and that Latoya clipped other students’ hair with scissors several times that day and pushed and slapped one student.

The district also said the girl pushed Fields to the ground and punched her in the face.

Lori Patton, an administrative law judge for the state superintendent’s office, agreed with the school district’s decision to transfer Latoya to Sacajawea.

The Martins appealed that decision to Quackenbush.

The Martins’ lawyer, James Bamberger, said the issue is Latoya’s right to stay at Chase because of guarantees provided by the Individuals with Disabilities Education Act.

That law gives special education students the right to be educated in the “least restrictive environment” according to a plan worked out by school officials and parents.

The law gives parents challenging a school’s placement the right to keep their child in his or her current school or class until their legal appeals are exhausted.

The Martins want Latoya at Chase because their daughter wants to go there, Linda Martin said.

“Her friends go there. She wants to go there. She likes it there,” Martin said.