“School Choices in Child Custody Cases”

[School Evaluations]

by Bruce Ira Levenberg (expert witness)

educationforensics.com, inc.

PO Box 1302

Scarsdale NY 10583

bil@educationforensics.com                      914.761.8166

 

Published in the WESTCHESTER COUNTY BAR ASSOCIATION NEWSLETTER

 I recently testified as to the best educational interests of a child. This matter was central to the determination of custody. The pivotal issue was the appropriateness of the parents’ choices of schools and their respective school programs. Often forensic child psychiatrists or psychologists are called to testify as to the child’s psychological state of affairs. School factors are weighed as part of their reports. In this case, the judge specifically wanted an expert educator as part of the process. She felt that even though the clinician was expert to the psycho-educational needs of the child, an educator was needed to judge the appropriateness and qualities of specified school settings and programs. School placement overlaps mental health issues of any child, but the clinician’s perspective and expertise could not be taken as the final word as establish the best school in this case. An educator was needed to determine the qualities of school setting and program placement choices and how that relates to the specific child in question. I was called in this case to provide that expert educator’s determination. It should be understood that cogent educational and clinical perspectives are interrelated, but they should not supplant but rather should supplement each other. Interestingly enough in this particular case, the ostensibly reputably far “superior” school and school district was rejected. The qualities of the respective school districts’ and schools’ demographics and/or general reputations were not the significant factors. The determination of the best school of choice was based upon which venue could best meet and could continue to meet the very specific needs of this particular child. This then begs the question of what are the factors in determining the best school setting(s) for a child in the present and also what will meet his needs in the future. In order make such a determination; one must first examine the very individualized needs of the child. How well will the child’s transition take place to a new school? Shifting a child from place to place is often traumatic and must be taken into account. How will he finally fit into his new site? Some children may need a small school setting in order to avoid being lost. Others may need a large school as it offers a variety of choices. What is the child’s learning style? Some children need individualized or small group instruction. Some children need a constructivist or an experiential approach to learning. Does the child need and/or is mandated to receive specific educational services? These services can include any number and combination of academic and non-academic programs such as: gifted and talented programs; remedial reading programs; Special Education services and classes; math labs; SAT prep classes; advanced placement course work; various athletic and non-athletic teams and clubs. Additionally, one must also examine what forms, locations, times and atmospheres do these programs and services take place. Finally, how adequately can and will the school and school district adapt to meet the child’s anticipated needs? Larger school districts or more affluent school districts may be more generous in their commitments to a broader array of offerings to their students. When gathering and weighing the evidence both quantitative and qualitative data must be used. Relying solely on one or the other does not make for a complete picture. Statistics should be reviewed; site visits should be made; a review of the pedagogues and other school personnel’s credentials should take place; and interviews of the concerned parties, perhaps even the child himself, should be considered. Finally, the investigation should appraise how current are the respective methodologies of the schools in question. The bottom line is the determination as to where the child will flourish.