Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, February 17, 1995 TAG: 9502170034
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: MELISSA DeVAUGHN STAFF WRITER
DATELINE: CHRISTIANSBURG LENGTH: Medium
Judge Ray Grubbs did not rule at the end of the hearing but said he would have a decision ``shortly.''
Hartmann and her 9-year-old son, Mark, moved to Montgomery County in January, after battling Loudoun County school officials for months to keep her son in a class with nonhandicapped children.
After a year in a Loudoun County class, school administrators said Mark Hartmann was too disruptive and would have to be moved to a special education class. Mark's parents disagreed with the ruling, and a legal battle ensued. The Hartmanns lost the case and are appealing the decision.
In the meantime, the Hartmanns said they have lost faith in Loudoun County schools and have been searching for a school system that routinely includes disabled children in all classrooms.
Now they're in Montgomery County, which boasts a nationally acclaimed inclusion program in which physically and mentally handicapped children are included in regular classrooms.
But Montgomery school officials are questioning the legality of the Hartmanns' arrangement. Roxana Hartmann and Mark are living in a one-bedroom, sparsely furnished apartment in Blacksburg. Mark's father, Joseph Hartmann, and the couple's daughter are staying in Loudoun County. School officials are asking the court to prohibit Mark from entering school.
``Montgomery County would be required to spend limited resources on someone who has not proved residency. ... It would be to the detriment to the children who undoubtedly are'' residents, School Board attorney Kim Ritchie argued Thursday.
Gerard Rugel, the Hartmanns' attorney, said if residency is the issue, then the Hartmanns have fully complied. Roxana Hartmann has signed a lease, transferred her car registration, changed her legal address, obtained a new driver's license and has a county library card.
``A person may have more than one residence,'' Rugel said. ``The only time a school system is free not to enroll a child is when that child is living with someone other than the natural parent for the sole purpose of education. ... Mrs. Hartmann is there and intends to be there.''
Furthermore, Rugel said, money should not be an issue because, by federal law, all children regardless of handicap are entitled to an appropriate education.
``The only way to err in favor of this child is to allow him to be enrolled in Montgomery County,'' Rugel said. ``Of course, there will be costs.''
According to both Ritchie and Rugel, while the Loudoun County case is under appeal, Mark is entitled to be in the same inclusive Loudoun County classroom he was in before his parents pulled him out of school in December. Local school administrators want a temporary injunction to keep Mark out of Montgomery County schools until all legal action is resolved in Loudoun.
``He should attend school in a regular educational setting [in Loudoun County] rather than staying in a one-bedroom apartment and commuting back and forth,'' Ritchie said.
Regardless of the outcome, Roxana Hartmann said, she will not send her son back to Loudoun County.
``Not next year, not in 10 years,'' she said. ``We will not send our son back to Loudoun County Schools. My intent is to live here [in Montgomery County], keep my son in school and bring my daughter down when she is out of school.''
Roxana Hartmann said she would return to her little apartment in Blacksburg and wait for Grubbs' ruling.
``Mark's been out of school for a month and a half,'' she said. ``I'd like to see him in school again.''
by CNB