MAHONING COUNTY Parents file suit against district

The parents say the teen was unfairly treated.
By JOHN W. GOODWIN JR.
VINDICATOR STAFF WRITER
POLAND -- A township couple says their son was booted from the junior high school basketball team and treated unfairly because of his mental disability -- and they have taken the issue to court.
Fred and Phyllis Davis, Sheridan Road, are suing the Poland School District for more than $150,000 on behalf of their 15-year-old son, Gavin. Also named in the suit are schools Superintendent Dr. Robert Zorn and junior high basketball coach and high school English teacher Mike Daley.
According to Fred and Phyllis Davis, Gavin had played junior high school basketball during the 2002-03 school year. They said that during basketball tryouts for the 2003-04 basketball season, however, Gavin was cut from the team.
According to the suit, Fred Davis was told by the coach that Gavin could not participate in the basketball program because of his learning disability. The coach, the suit said, told the parents he wanted to save Gavin from being upset because he would be unable to learn the basketball plays.
The teen has attention deficit hyperactivity disorder, dyslexia and an auditory processing disorder, the Davises said.
Superintendent intervened
Fred Davis said he later took the matter to Zorn, who directed that Gavin be placed on the team. He said Gavin was accepted onto the basketball team but received little or no playing time and quit after three games.
In the suit, the couple said the teen has needed doctor's care for emotional distress, embarrassment and damage to his self-esteem since quitting the team.
"He is a very different kid now. We didn't think this would tear him to the lengths that it has," said Phyllis Davis. "We have always tried to keep his attitude good. We have always boosted his self-esteem and they changed all of that with one blow."
Zorn, because of the pending lawsuit, would not speak about the situation concerning Gavin, but did say the school district has a policy that makes it possible for every pupil, regardless of disability, to participate in extracurricular activities.
"The Poland schools provides equal access for all special education students to all extracurricular activities in the Poland schools system," he said. "We have an official policy that meets state and federal laws."
'Adaptive measures'
Zorn said any pupil with special needs participating in extracurricular activities is provided with "accommodating adaptive measures" to facilitate the pupil's participation in the activity. He would not say what, if any, measures were provided to Gavin.
Zorn, as an example of the district's policy, said several members of the Poland Seminary High School football team last school year had special needs.
Phyllis Davis said she hopes the lawsuit can serve as a learning tool. "We want to educate people that special needs children deserve to get what they need," she said. "We don't want issues like this swept under the rug."
jgoodwin@vindy.com