Court Orders O.C. School to Take Back Boy It Ousted : Education: Judge says officials failed to prove that 6-year-old Jimmy Peters was a threat to others in class.

A federal judge Wednesday ordered the Ocean View School District to take 6-year-old Jimmy Peters back into his kindergarten class for the final week of the school year, ruling that administrators had not proven the child is dangerous to himself or his classmates.

Jimmy, who was removed from his class May 25 after the school district filed a lawsuit contending his learning disabilities make him uncontrollable, will return in time for year-end activities at Circle View Elementary School under the ruling issued by U.S. District Judge Matthew Byrne.

The ruling infuriated school officials, but the boy’s father was delighted.

“We won,” Jim Peters said. “I’m very, very happy, to say the least. It’s nice because now other . . . children will be helped by decisions like today’s.

“This isn’t over,” he added. “We have to keep on fighting, not just for Jimmy, but for the other children who have special needs. But it was a big step.”

The case has attracted attention throughout Orange County because it pits the rights of students with special needs--whose parents increasingly are demanding that they be taught in mainstream classrooms--against their peers’ desire to learn without unreasonable distractions.

School officials issued a strong statement following the order, saying they were concerned that under terms set down by the judge they might have to wait until someone is more seriously injured before Jimmy can be transferred.

“It is unfortunate that it is necessary to seek a court order in a case where you clearly have a student who has engaged in behavior where others have been injured,” said Ron Wenkart, attorney for the Orange County Department of Education. “Congress needs to change this law and allow school administrators to transfer special-education students where, in the administrator’s judgment, the safety of others is in jeopardy.”

Although the school year ends June 16 and the last week is mainly filled with parties and farewells, some parents said they will pull their children out of school as long as Jimmy is in the classroom, according to district Superintendent James R. Tarwater.

“My daughter will not be in a classroom with him again,” said Pam Walker, who has voiced strong concerns about Jimmy being in the classroom. “I won’t take the risk and put her in harm’s way.”

Walker called the judge’s ruling “unfair,” saying her child’s needs have taken second place to Jimmy’s.

“I’m almost speechless I’m so upset,” she said.

Peters said he is not surprised by the parents’ reactions.

“Soon enough, people are going to realize everything is going to be OK. Jimmy’s going to be OK. I think that for safety reasons, a program has been worked out with the school for Jimmy.”

District officials filed suit against Jimmy on May 25, asking a judge remove him from the mainstream class because of what they claimed was violent behavior. According to state law, a disabled child cannot be removed from a class unless the district has permission from the parent or a judge’s order. Peters refused to give permission.

Byrne’s decision followed a closed hearing Tuesday in which attorneys representing the school district asked him to grant a preliminary injunction requiring Jimmy’s transfer into a special-education class. They alleged that Jimmy had hit other students, kicked staff members, thrown a desk and drove one teacher to take a medical leave due to high stress.

But Peters denies the allegations against his son, calling them “out-and-out lies.” He said the teachers and administrators at Circle View are too closely scrutinizing his son and have magnified everything he does.

“It’s been very painful to hear (district officials) lie about my son and exaggerate about his behavior, but then that makes this (decision) extra sweet,” Peters said.

Byrne said the injuries were not serious enough to warrant removing Jimmy from a mainstream class, according to attorneys for both sides, who heard his ruling in a 45-minute conference call.

“We are really shocked,” Tarwater said. “I don’t think the rights of the other children were considered. Judge Matthew Byrne was only looking at the extent of bodily harm. To what degree do we have to prove physical harm?”

The judge also ruled that Jimmy will attend mainstream summer school classes--where he will make up the three weeks of work he missed when he was removed from Circle View--instead of special-education classes, as the district had requested.

Wenkart said the judge’s decision has prompted officials to consider dropping the lawsuit. The district has no immediate plans to appeal Byrne’s ruling, he said.

“We are mainly concerned with Jimmy returning to class,” Wenkart said. “We are going to take every step we can to ensure the safety of the other children. We’ve got a one-on-one aide for Jimmy and we’re not sure what else we can do.”