2 Schools Turn Down Peters’ Bid to Enroll : Education: Father won’t let 6-year-old return to Circle View, which the district contends is suited for learning-disabled boy.

It was the first day of class, but 6-year-old Jimmy Peters’ desk at Circle View Elementary School was empty Wednesday.

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Instead of enrolling his son at the school, the boy’s father, Jim Peters, spent the morning shopping for a new classroom for his learning-disabled son, who is at the center of an ongoing tussle of wills over the inclusion of special-education students in mainstream classes.

While Jimmy stayed home, Peters was turned away at two other elementary schools in the Ocean View School District.

“Mr. Peters’ last-minute demand to send Jimmy to a school where the staff has not been trained in full inclusion is difficult to understand in light of Mr. Peters’ past statements that the school staff had not been adequately trained to deal with Jimmy,” said Ocean View Supt. James R. Tarwater.

But a determined Peters responded that “we’ll let the attorneys take it from here. It looks like Jimmy will have a few extra days of summer. I’ve spoken with my attorney, and this will only last a few days.”

A smiling Peters arrived first at Golden View Elementary with green registration papers in hand. He was met in front of the school by grim-faced district officials who told him that a switch to that campus would not be possible.

“The classes are crowded and you will not be able to enroll (Jimmy) here,” Tarwater told Peters.

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Peters then tried to enroll his son at nearby College View Elementary School, where, he said, the first-grade teacher has a background in special education. Again, he was turned away, this time by Principal Pam Wheless.

School district officials, who spent $5,000 this summer training a teacher and preparing a classroom for Jimmy at Circle View, said the staffs at the other schools were simply not prepared to handle the child.

Wednesday’s events were the latest in the fierce dispute between Peters and the school district over Jimmy’s education. The child suffers from a communications disorder of disputed severity.

Tarwater said the district is making a “good faith” effort to accommodate Jimmy, whom administrators tried to remove from a class at Circle View last spring, contending he was disruptive and prone to violent outbursts.

In a locally unprecedented move, the district filed suit against Jimmy in May, seeking his ouster. But a federal judge sent Jimmy back for the final days of school amid protests from parents of his classmates, some of whom pulled their children from school when Jimmy returned.

Tarwater said officials were close to reaching an agreement with Peters on Jimmy’s educational program during a three-hour meeting Tuesday, but negotiations stalled.

“If Mr. Peters would bargain in good faith rather than always making new demands and adding new conditions when an agreement is almost reached, perhaps this matter could be resolved,” Tarwater said.

Peters said the district’s efforts to prepare Circle View have not been sufficient and contends officials are setting up his son to fail. He said that Golden View, which is two blocks from his home, is more convenient for Jimmy. College View is six blocks away.

In addition, Peters said he is concerned about parents who don’t want Jimmy at Circle View. He is also upset that the district has refused to hire the boy’s baby-sitter as an instructional aide in the classroom.

At Tuesday’s meeting, which was attended by attorneys for Peters and the district, Peters also requested that the district replace a window in the classroom at Circle View with a two-way mirror so Jimmy and others in the classroom could be observed. District officials refused, but said they are willing to install a video monitor instead.

Jimmy joined a regular kindergarten class last year as part of a growing movement toward “full inclusion” of children with special needs. He had previously attended a special-education class at Circle View for preschool.

Wednesday, Peters was unsure when or where his son will start school. The child spent the day at home and much of the morning in a swimming pool at the apartment complex where he lives--seemingly oblivious to the controversy swirling around him.

Peters’ attorney, Joan Honeycutt, did not return telephone calls this week. Peters said he and Honeycutt were exploring ways to legally force the district to allow his son to attend one of the other schools.

If the dispute is not resolved, said Ronald R. Wenkart, an attorney for the district, Jimmy must attend Circle View under a state rule that requires him to remain at his original school until the matter is decided by a state hearing officer.

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Meanwhile, class went on as scheduled at Circle View, where special preparations had been made for Jimmy’s arrival.

Atop his unoccupied desk was a brand-new blue notebook, a place card with his name written in large purple letters, and a magnet board with orange, white and green letters spelling out the child’s name.

Teacher Donna Shockley said she was disappointed not to have Jimmy in school and was hopeful that he would join the class soon.

“I know that he’s ready to learn and apply (himself),” Shockley said. “I know we can have him blossom for us. I think every child deserves to come to school. They benefit from the opportunity of being with other children. That’s how they grow.”