Autistic student rejected Autistic student rejected (December 19, 2003)

After losing entry at Springer, parents want to enroll her in a private school

By Julie O'Shea

An autistic third grader -- labeled a threat to herself and other students and removed by court order from her classroom at Springer Elementary School last month -- will not return to the school, a judge ruled Monday.

The Santa Clara County Superior Court judge has ordered the girl's parents and the school district back for a Jan. 6 hearing to determine future educational plans for the 8-year-old, who has an above-average IQ and has been enrolled in traditional classroom settings since kindergarten.

The girl, whose name is being withheld because she is a minor, has not returned to Springer since an emergency court order had her removed from her third-grade classroom Nov. 7.

The child's father, Sam Samari, said he doesn't want his daughter to return to Springer. He said he and his wife plan to enroll the girl in a mainstream private school in the Los Altos area. Samari said the family intends to ask the Los Altos School District to foot the tuition bill.

Eliza McArthur, a lawyer for the school district, said she was pleased with the judge's ruling this week, saying administrators feel it is safe for everyone involved not to have the girl return to her classroom at Springer.

"The fact of the matter is, they didn't want her back," Samari said.

McArthur argued that the district wants what's best and safest for its students.

McArthur said the child threw fits in the classroom and that her behavior often scared the other children. On Nov. 7, the district asked a county judge to have the girl removed and placed in a tutorial room "with a one-on-one credentialed teacher and (her) current instructional assistant."

E-mail Julie O'Shea at joshea@mv-voice.com

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