Administrative Law Judge Cindy Burdue rejected some two dozen claims by Bernie and Denise Dalien, who alleged the district failed to meet the educational needs of their 17-year-old son, Colton, and failed to keep other students from harassing him.

District and school officials are pleased with the decision, Puyallup district spokeswoman Karen Hansen said.

“The judge’s opinion speaks for itself. The district is very proud of its special education program, and the staff is very dedicated to serving our students in the best way possible,” Hansen said in a written statement. “In fact, we have often been told by many parents that they have moved to Puyallup School District because of our special education program.”

Colton has several conditions including Landau Kleffner syndrome, a rare form of epilepsy affecting his ability to process sound, which in turn hinders his ability to speak and learn through verbal instruction. He can speak only in short, simple sentences and is sensitive to background noises.

Colton tests at the primary grade level in math and reading, but his parents believe he has the capacity to learn more if he received more visual instruction appropriate for his disability. Bernie Dalien recently picketed Puyallup district headquarters and various schools over special-education students picking up trash and materials, allegedly without their parents’ knowledge.

Though the trash pickup wasn’t the central issue in the court case, testimony at the trial in May showed Colton regularly collected recycling during the school day at Aylen and Ferrucci junior high schools several years ago.

His parents consider the activity demeaning, and didn’t know about it until Colton’s classmates told them this year. District officials, however, said such activities help some special-education students make the transition to vocational training.

In the court case, the Daliens had argued that other special-education students intentionally whistled, sang and tapped pencils to harass Colton to the point that it caused him to suffer a stress-related ulcer, act out and be put in the time-out room without their knowledge.

They argued if that teachers and specialists were more familiar with his disability, he could better function in school and make more academic progress.

But administrative law Judge Burdue sided with the district, finding that it has provided an adequate education to the teen. She cited differences of opinion among experts as to how students with his disorder should be instructed.

Burdue also found that when special-education classmates aggravated Colton, teachers immediately intervened.

“The evidence fails to establish any harassment, bullying or teasing that significantly disturbed the student,” she wrote in the 59-page decision.

Colton’s parents, who represented themselves in the case, expressed frustration with the outcome. The decision would likely have been different, they said, if they could have afforded a lawyer and if the judge had experience in special-education law.

According to the trial transcript, Burdue asked questions about special-education terms and at one point said she didn’t “know very much” about special education.

The Daliens plan to appeal the decision, this time with the help of a special-education lawyer who recently offered to represent them on a contingency basis.

“I think the special-education system is broken, when you come to get justice for your child,” Denise Dalien said.

Debby Abe: 253-597-8694

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