Autism Ruling Appealed by Atlanta Schools

Lawyers for the Atlanta Public Schools have filed an appeal to a decision by a judge who earlier this year ruled the school system was responsible for abuse to an 11-year-old autistic boy.

Click here to read the state Child Advocate's report to Gov. Perdue.

If you'd like to read the earlier parts of this story:

*CLICK HERE to read Part One
*CLICK HERE to read Part Two
*CLICK HERE to read Part Three
*CLICK HERE to read Part Four
*CLICK HERE to read Part Five
*CLICK HERE to read Part Six
*CLICK HERE to read Part Seven
*CLICK HERE to read Part Eight
*CLICK HERE to read Part Nine

ATLANTA -- "I don't think I can say we're surprised. We're disappointed," said Carolyn Ferrari.

She sat in her kitchen, still absorbing the latest news. Atlanta Schools has appealed the case her family won.

The 54 page appeal filed by attorneys for Atlanta Public Schools demands that Judge John Gatto's decision in Stefan Ferarri's case be overturned, in part saying that Gatto erred in "admitting the testimony regarding the audiotape into evidence."

The audiotape was played in court for teacher Sherri Jones. She wore headsets to listen to the audio and on the stand she admitted to making inappropriate comments, but denied that she ever hit Stefan. Gatto ruled that Stefan was abused by an adult at his school but never named anyone.

Mother Carolyn Ferrari sewed a microphone into Stefan's shirt and recorded his day at school.

In the appeal, APS attorneys argued the employees accused of abusing Stefan "were not in any time in control of Atlanta Schools," so the judge's ruling shouldn't stand, yet the also say in the appeal that "the program and the placement Atlanta Schools offered to Stefan was appropriate."

In the original decision the judge ruled Atlanta Schools had to foot the bill for Stefan's private education until he was 22 years old because of what happened. In the appeal, APS attorneys said Gatto erred in deciding "Stefan is entitled to elite private services for the remainder of his educational entitlement simply because the parents want to choose the 'best' programs, in their opinion, for their child."

The appeal stands in stark contrast to what Atlanta School officials told 11Alive News on camera back in May.

In an interview one day after Stefan's story first aired, Atlanta Assistant Superintendent Kathy Augustine told 11Alive's Jaye Watson, "I'm angry, horrified and disgusted about what happened to the young man at North Metro. I know he and his family have been treated badly."

Augustine said school officials knew nothing of Stefan's abuse until they saw it on the air.

"I saw it last night and was outraged. Dr. Hall saw it last night and was outraged," Augustine said.

Yet these same officials have chosen to appeal, after spending $130,000 to defend the case already. An appeal could be even more costly. But the highest cost to the Ferarris has been the emotional toll on their family.

"How do you feel at the thought of going through all of this again?" asked Watson.

"It makes me sick. What keeps us going is seeing how well he's doing now relative to where he was when he was there," said Carolyn Ferrari.

"So you'll continue the fight?" Watson asked.

"Yes, because they never took that teacher out until you all put her on the news," Ferrari replied.

The judge never named who abused Stefan, only that he was abused by an adult at the school.

11Alive News asked Atlanta Schools for an interview on Tuesday, and was denied.

In an e-mailed statement, school officials said, "The appeal alleges 80 legal, factual and procedural errors occurred during the hearing. Since this is ongoing litigation, the district is not able to elaborate further."

As a direct result of the 11Alive News story, Georgia's Child Advocate, ordered by Gov. Sonny Perdue to put together a group to rewrite the reporting of school abuse, had this to say about the appeal: "That's the nature of bureaucracies. They're interested in preserving themselves and the system and that's why it's important we focus on holding not only the systems, but the individuals who run them, accountable."

"The money that our taxes go to are being spent by administrators whose interests is more involved in covering themselves, instead of providing the services they're supposed to provide," said Ferrari.

What do you think? Do you agree or disagree with Atlanta Schools' decision to appeal the ruling? CLICK HERE to put your comments in the message board area below.



Perdue Forms Group To Craft Autism Abuse Policy

ATLANTA -- 11Alive News has obtained some new information from Gov. Sonny Perdue about the group he's forming that will write a new statewide policy on reporting abuse in the school system.

The creation of the group is the direct result of an 11 Alive Autism abuse investigation our Jaye Watson has been working on for months.

"Any accusations of abuse by school personnel against children must be addressed strongly, rapidly, and appropriately," the governor writes, announcing the creation of this working group that will be made up of top educators, law enforcement and child abuse experts.

11Alive News received an advance copy of the statement Perdue is sending out statewide on the matter.

Part of it says, "...in June, following a disturbing case alleging abuse of a child by school personnel, the governor charged the state child advocate with determining whether Georgia's laws and policies adequately address issues of abuse in the educational setting."

The short answer to that is no.

Perdue was referring to 11Alive's story about the abuse of 11-year-old Stefan Ferrari. A judge ruled that abuse happened at the hands of an adult at Stefan's school. Part of his ruling was based on audio captured on a microphone Stefan's mother sewed into his shirt.

Teacher Sherri Jones admitted to making inappropriate comments in the classroom but denied ever hitting Stefan -- and the judge never named anyone.

But the story highlighted a system that failed a family. For eight months the Ferraris took their concerns to school officials, DFACS and police and they said no one helped their son until they sued the Atlanta Public Schools and won. It wasn't until they told us their story that Sherri Jones was removed from the classroom.

In creating this group that will change the policy for every family in Georgia, Perdue says, "We must strike the right balance between protecting our students from abuse while also treating school employees fairly. This working group will establish the clear lines of authority and responsibility that will ensure these cases are addressed in a timely and appropriate manner."

The Ferraris have a suggestion for Gov. Perdue -- allow parents to play a part in the new group.

The working group will meet for the first time in August and plans to have the new statewide policy in place by the end of October.

A new teacher has been hired to replace Sherri Jones but 11Alive News does not know if Jones is still receiving a paycheck. Metro RESA will not return our calls.

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Autism Story Changes Policy For All Georgia Students

ATLANTA -- Two months ago, 11Alive News aired the story of Stefan Ferrari -- an 11-year-old autistic boy who was abused at school. Almost immediately, Gov. Sonny Perdue got involved.

Perdue said it would take time to make changes. Now, he's ready to announce those changes -- which will be statewide, and will affect all families in Georgia.

Georgia's child advocate, Tom Rawlings received a request from Perdue after the governor saw 11Alive's series of stories about Stefan.

Back in May, Judge John Gatto ruled that Stefan was abused by an adult at his school. Part of the ruling was based on audio caught on a hidden microphone Stefan's mother sewed into his shirt.

Teacher Sherri Jones admitted on the stand to making the inappropriate comments. But she denied ever hitting Stefan -- and the judge never named the adult whom he believes caused these injuries.

Jones continued to teach for eight months after the alleged abuse, continued to teach after admitting to inappropriate behavior on the witness stand. She was not removed from the classroom until the day after the 11Alive News story aired.

The Ferraris went to DFACS, the police, the schools -- and no one helped them. It took suing the Atlanta Public Schools and telling their story to the media to get justice for their son.

"The horrible situation they through, there's no excuse for it," said state child advocate Tom Rawlings. "However, I think they realize and I hope they realize that their story and their case has given us the impetus to make sure that other children don't go through that same horrible frustrating bureaucratic process."

The governor is forming a group of educational leaders, law enforcement and abuse experts that will write a statewide policy for reporting abuse in the school system.

"There are various policies around the state to deal with abuse in the educational setting, the problem is those policies are not uniform and there may be real gaps in them," Rawlings said.

Within a few months every family in Georgia will have a copy of the new statewide policy.

"The Ferraris would be given a student manual that would say specifically if you believe your child is being mistreated this is exactly what you do, this is the person you call, and school officials would also follow exact protocol," he said.

This will eliminate what happened in the Ferrari's case -- Stefan's abuse became a hot potato that was tossed from Atlanta Public Schools to Metro RESA to DFACS to police and back again.

"What we hope is that we'll have fewer horrible scenarios like what Stefan Ferrari went through and if we do you won't have to do three months of stories trying to figure out who is responsible. you know exactly on whom the responsibility lies," said Rawlings.

Carolyn Ferrari says she's happy to see progress -- but remains skeptical of the system that she says caused her family so much pain.

"Nobody acted on my son's behalf instead it was more of a protect themselves and attack us," she said.

Unfortunately, proof that the new policy works will only be known when it's put to the test.

The working group -- as it's called -- is still being put together. Their first meeting will be the third week of August. Rawlings says the new statewide policy should be ready by the end of October.

The teacher is no longer at the Metro North facility -- a new teacher has been hired there. We do not know if she is still employed, or getting a paycheck; Metro RESA will not return any phone calls from 11Alive News.


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DeKalb County D.A. Investigating Autism Abuse Case (Day Seven)

The Dekalb County District Attorney's Office is launching its own investigation into Stefan's Story.

Stefan Ferrari is the 11-year-old Atlanta Public School student who a judge ruled was abused by an adult at his school. Stefan has autism and is non verbal; his mother put a microphone in his shirt before sending him to the school which is run by a state agency.

This won't be the first criminal investigation into Stefan's abuse.

During a week-long hearing back in March, Atlanta Police Detective Harold Nowell testified that he investigated the allegations of abuse against Stefan and that he listened to the audio tape.

He says he heard someone ask Stefan if he wanted a 'be quiet' hit, but Nowell says he couldn't figure out who said it after interviewing teacher Sherri Jones and two parapros that were in the room. At one point in his testimony Nowell talks about an interview he conducted with one of the parapros.

The Ferrari's attorney Jon Zimring says to Nowell, "She [the parapro] does not know whose voice it is saying 'do you want a be quiet hit', isn't that correct?"

Nowell replies, "That's what she said."

Zimring says "And then she became upset."

Nowell replies, "She did."

Zimring says, "So you released her from the investigation?"

Nowell says "I realized what I was trying to obtain was not going to happen."

Detective Nowell also testified he never thought either of the Ferraris hurt their son but that he couldn't prove that it happened at school and he couldn't prove who did it.

The Dekalb District Attorney's office says it will expand the investigation beyond what Atlanta Police did.

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Atlanta Public Schools Spend Thousands To Defend Autism Case (Part Six)

ATLANTA -- The Atlanta Public Schools spent over $135,000 to defend against a lawsuit from the Ferraris -- parents of 11-year-old Stefan. Stefan has Autism, and according to a judge, was abused while at school.

And it may not be over yet. Attorneys for the Atlanta Public Schools said, "We are still reviewing the opinion and record carefully to determine whether and on what grounds an appeal will be filed."

Marcelo Ferrari -- Stefan's father -- is frustrated.

"Why do they want to waste more taxpayer money fighting this? I mean, the tape is there," he said.

Ferrari and his wife said they've spent the last seven months trying to get the Atlanta Public Schools to do right by their son.

"All I wanted was them to do the right thing. And all along the way they've had decisions to make and they've consistently made the wrong decisions. We wanted this to be fixed. We wanted them to set up a system whereby this wouldn't happen again. It's all we wanted. Instead they forced us to go out and hire a lawyer, to sue them, and continue to bring negative publicity on the school system which they do not need. That's not what we were trying to do. We were trying to do the right thing but they forced us to do this and they continue to force us to do this," Marcelo said.

His wife, Carolyn Ferrari, says she wants to know the status of teacher Sherri Jones. Last week, Metro RESA, the agency that runs the school Stefan attended, told 11Alive News Jones was out of the classroom.

A few days later 11Alive News received a statement that Metro RESA could not talk about the case on the advice of their attorneys.

"We'd like to see some major house cleaning of the people that were responsible for the inaction, the people responsible that could have prevented our son from being abused on the 21st, the people that were responsible for the abuse -- for administration to evaluate their approach to this and how they treat parents in circumstances like this is daunting. There were many times we just looked at each other and said 'Is it worth it? Maybe we just don't send him back there," Carolyn Ferrari said.

The Ferraris want cameras to be placed in classrooms with non verbal students.

"If I'd had a videotape of my son I think the responsible parties would be in jail right now," Carolyn said.

Atlanta School officials have said they 'treated the Ferraris badly' but they place the blame for the incident on Metro RESA. APS officials say they have no authority to hire or discipline teachers who work for the state funded agency.

But the Ferraris say APS officials recommended the program to their son and that APS officials attended all the meetings in which the parents expressed their deep concern over their son's placement.

Metro RESA answers to its board of control. Atlanta Superintendent Dr. Beverly Hall sits on that board.

APS Deputy Superintendent Kathy Augustine told 11Alive News last week that Dr. Hall sits on many boards and that she and the other board members rely on the 'agent on the ground.' That agent is Dr. Fran Perkins, Executive Director of Metro RESA. She's not talking to 11Alive News on the advice of her attorneys.

The Ferraris say for months they dealt directly with APS employees and that Dr. Hall is their boss.

"That's it, she's the top of the organization," said Marcelo Ferrari. "In any kind of private enterprise, the CEO should know about this especially if it's something that could affect the organization in such a negative way that this has affected the school system. It's kind of hard to believe as taxpayer that these funds were spent by her organization to defend this case by her attorneys and outside retained counsel that she was not aware what her organization was spending to do that."

Late Tuesday, 11Alive News learned the DeKalb District Attorney's office is now getting involved in Stefan's case. Peter Boehm, Deputy Chief Assistant District Attorney, and the head of the Crimes Against Children Unit said they are "very concerned" about the case, and that they are reviewing the files and will do additional investigating.

Boehm said there is a possibility of criminal charges. We'll be following this development and have major details on 11Alive News on Wednesday.

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Atlanta Schools Take Action in Autism Abuse Case
(Part Five)

The deadline came and went. Atlanta Public Schools waited four days for a response in an autism abuse case. Instead they received a statement that didn't tell them much of anything. School officials made their demand after seeing our story about Stefan Ferrari, our 11 year old boy with autism who is non verbal.

A judge ruled Stefan was abused at his school which is run by the state agency Metro RESA. Atlanta School Officials, who sent Stefan there, demanded immediate action in the case, setting friday as a deadline. But at 3 p.m. on Friday afternoon, all they received was a statement 11Alive had already seen.

In her statement sent to Doctor Beverly Hall via email, Metro RESA executive director Doctor Fran Perkins says that on the advice of MRESA'S attorney they would only prove APS "the same statement given to 11Alive News." That statement says "They take very seriously the allegation of misconduct by personnel towards any student." Perkins says "We are addressing personnel matters within the parameters of Georgia Law. Therefore we are unable to discuss these matters."

One hour later, Doctor Hall fired back this email to Perkins saying "I need your assurance that the teacher in question, is not and will not be interacting with any APS students." In their tuesday request Atlanta Public School Officials also asked for a plan of what Metro RESA was doing to make sure this doesn't happen to another student. Because there was no mention of that Doctor Hall also writes in the e mail "We are assigning a staff person to ensure the appropriateness of the services and learning environment for our students at North Metro."

Governor Sonny Perdue told 11Alive two days ago he was going to look at the case. His spokesperson Bert Brantley tells 11Alive that Governor Perdue read the ruling, has heard the audio and feels the ruling was appropriate and reasonable and he has asked Georgia's Child Advocate Judge Tom Rawlins to look into how this case was initially handled.

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Deadline Friday for Discipline in Alleged Abuse Case
(Part Four)

Since 11Alive News first told Stefan's story earlier this week, there have been some dramatic changes.

Atlanta Public School officials who had refused to comment on the case for over two months were ready to talk. Deputy Superintendent Kathy Augustine said APS officials were demanding immediate action from Metro North and Metro Resa, the agency that runs the facility 11-year-old Stefan Ferrari attended. Augustine said they expected disciplinary action to be carried out by Friday.

Stefan's teacher, Sherri Jones, is out of the classroom.

And Governor Sonny Perdue is looking into the case, saying he has oversight and is going to get to the bottom of the case.

All of this happened within days of Judge John Gatto's ruling. He deemed the school situation "appalling" and called conversations captured by a hidden microphone in Stefan's shirt "inappropriate."

Gatto also found that an adult at the school -- he didn't name anyone -- injured Stefan, leaving him with bruises lining his thighs.

There is also audio of an adult saying, "Do you want a be quiet hit?" A thumping sound in then heard and the voice says, "Go on now."

Sherri Jones admitted she made the inappropriate comments, but says she never hit Stefan.

Gail Healey, the principal of Stefan's School and an employee of Metro North, is still working at the school this week. She's one of the few people who knew how worried Stefan's parents were, because she met with Carolyn Ferrari weeks before Stefan was injured.

Ferrari recorded the meeting.

In one part of the meeting, Ferrari tells school officials in the room that she is upset Stefan is coming home with injuries. Stefan is non-verbal and cannot tell what happened to him. Ferrari is heard saying, "He can't tell me why there's a bruise on his leg. It's a horrifying postion to be in."

Gail Healey urges Ferrari to sit down with teacher Sherri Jones. "I really think it's important that you and Ms. Jones sit down and she tell you what's going on in the classroom and you all can work together."

Healey was asked about that meeting six months later during the week-long court hearing held after the Ferarris sued Atlanta Public Schools. Stefan was an APS student but attended the state-run facility at APS's recommendation. On the stand, family attorney Jon Zimring asked Healey what she did with Ferarri's concerns."Did you launch an inquiry into her conerns of alleged abuse, yes or no?"

Healey responded, "No I did not launch an outside inquiry. I did have a conversation with my staff." But a few hours later in the day teacher Sherri Jones takes the stand and is questioned about it.

"Did Ms. Healey sit down with you and the team and discuss specifically all the concerns that Mrs. Ferrari had about the program and the classroom after the 10/2 meeting that you could not attend?" Jones replied, "She did not relay that to me. We never discussed that."

Atlanta Public Schools sent a letter to Metro RESA demanding strong action be taken against those involved in Stefan's incident. APS officials gave a deadline of Friday.

The Ferraris attorney also asked that Atlanta Superintendent Dr. Beverly Hall or Deputy Superintendent Kathy Augustine sit down with the family Thursday or Friday. As of Thursday evening, the family had not heard back from APS.

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New Tape Shows School Officials Knew of Alleged Abuse (Part Three)

Last week a judge ruled the non-verbal boy who has Autism was physically abused by an adult at his school. It was seven months ago that Stefan's mom sewed a microphone into his shirt and sent him off to school.

Even Gov. Sonny Perdue weighed in on the case on Wednesday.

"I, as governor, have oversight over those sorts of things. We want the right thing to happen for this young man and his family," Perdue said. "We'll get to the bottom of what happened, why it happened, who is responsible, and take appropriate action."

Now, a new, explosive recording that not only proves some Atlanta Public School employees knew about the tape months ago, but that they refused to listen to it, and threatened the parents with truancy.

On Tuesday night, Atlanta Public Schools deputy superintendent Kathy Augustine said in an interview with 11Alive's Jaye Watson said she did not know about the case, or hear the audio until she watched the 11Alive News story.

But there is a tape recording that proves Atlanta Public School employees were well aware that a tape existed of Stefan's alleged abuse -- they refused to talk about it, and claimed it was illegal.

Stefan's parents were even threatened with truancy.

"Were Atlanta Public School officials aware of our story before it aired last night?" Watson asked Augustine in the interview that aired Tuesday night.

"I saw it last night and was outraged. Dr. Hall (Atlanta Public School superintendent Dr. Beverly Hall) saw it and was outraged. There are some members of Atlanta Public Schools who knew of the case, but we heard the audio on WXIA last night," Augustine said.

Other Atlanta Public School employees knew of Stefan Ferrari's case, but knew about the mother's hidden audiotape, three weeks after the day it was recorded.

In fact, Stefan's mother, Carolyn Ferrari, recorded a meeting on November 12 she had with employees of Atlanta Public Schools and Metro North, the state agency that ran the facility that Stefan attended. Carolyn placed a tape recorder in the center of the table in that meeting.

"I'm Gail Healy," said the principal of the Marshall School, where Stefan attended, on the tape.

"I'm Rachel Barron, I'm a parent advocate," said the Ferraris' parental advocate, Rachel Barron on the tape.

"Carolyn Ferrari; Marcelo Ferrari, Stefan's dad," came the voices of Stefan's parents.

"Sherri Jones," said the voice of Stefan's teacher at Marshall, Sherri Jones.

"Gwen Stokes, Stefan's coordinator, Atlanta Public Schools," said Atlanta Public Schools coordinator Gwen Stokes.

Metro North director Susan McKenzie began the meeting by referring to the mother's hidden audio tape -- referring to it as the "alleged abuse."

"The second thing I wanted to bring up was the alleged abuse that occurred, and we know that is a matter under investigation," said McKenzie. "And we want to let you know and let everyone here at the table know today that because that is a matter under investigation by the authorities, that the North Metro staff will not discuss that issue at the meeting today."

A judge ruled last week that an adult at Metro North injured Stefan at school on October 21. In Stefan's shirt on that day was a microphone his mother sewed into his collar. Adults in the room were heard talking about drinking and sex on that tape.

"The man I'm dating is intelligent. But he has a small penis. You can't throw a pebble into the ocean. Does it matter? Does size matter? Yes, it does."

Then the Ferraris heard this:

"You want a be-quiet hit?" (followed by the sound of a thump) "There you go. Get now, go on."

And two minutes later, listen as an adult tells others to leave.

"Please make him be quiet. Go away. Go. Take a minute. Go. Go on."

And 15 seconds later, there were 18 seconds of thumps and the sounds of Stefan making noises.

In last week's hearing, on the stand, teacher Sherri Jones initially did not admit to the inappropriate conversation.

"I can't recall if I said it or not," Jones said in the hearing.

But after listening to the hidden audio from that day over and over, she said it was her.

"And that was your voice?" the Ferraris' attorney John Zimring asked Jones in the hearing.

"Yes, it was," Jones answered.

"So you did say that?" Zimring asked.

"It came out of my mouth, yes," Jones replied.

However Jones denied ever threatening to hit, or hitting Stefan.

"That is your voice is it not?" Zimring asked when the voice on the tape referred to striking Stefan.

"No, it's not," Jones said.

"Whose was it?" Zimring pressed on.

"I don't know," Jones said.

"You are under testimony to his honor!" Zimring said.

"I do not know whose voice is on that tape," Jones said. "It is not me."

The ruling by Judge John Bello did not say who hit Stefan, but does say that Stefan was injured by an adult at the school.

On Tuesday, one day after the 11Alive News story aired, Metro North officials told Watson Jones is "out of the classroom." Atlanta Public School officials, who would not comment on the case for more than two months, wanted to talk.

"We demand that MRESA and North Metro take immediate disciplinary action against those teachers and others who were involved in the incident," Augustine said.

But just three weeks after the incident, Atlanta Public School employee Gwen Stokes was at the November meeting the Ferraris recorded. And Stokes told the Ferraris that their audio taping of Stefan's day at school was illegal. An argument started --

"It's a felonious taping," Stokes said.

"That's your opinion," said an unidentified adult's voice.

"Show me the statute! Show me," demanded Marcelo Ferrari.

"I'm sorry, you're saying it's a felony?" said Carolyn Ferrari.

"I didn't say it's a felony," said Stokes.

"You said felonious," the Ferraris both said.

"It is," Stokes replied.

"Okay, then, you're saying it's a felony," Carolyn Ferrari said.

"You're trying to intimidate us," Marcelo said. "Show us."

"If it's a felony, I need to know what law you're going to accuse me with," Carolyn said.

The Ferraris said what made the meeting even worse was when they were told truancy charges would be filed against them for not sending Stefan back to school.

"Your issue with truancy was that you still feel this was an appropriate place for him to come back to, and he was safe here?" asked the Ferraris' advocate Rachel Barron.

"My issue is that Stefan is currently enrolled in the Atlanta Public School system in the North Metro program, that he has not been here for several -- I don't know -- two or three weeks, and that there is a compulsory attendance law here in Georgia," said McKenzie.

"It is my position that Stefan is not safe here," said Marcelo. "And I, as his father, have refused to send him to a place where he can get hurt again."

Atlanta Public Schools Deputy Superintendent Kathy Augustine gave another statement to 11Alive News Wednesday night, saying, "As I said yesterday, we've treated these parents badly. We'll investigate this particular incident as well as all others that have been brought to our attention."

The Ferraris' attorney, John Zimring, sent a letter to Atlanta Public School officials on Wednesday asking that Superintendent Dr. Beverly Hall sit down with the parents.

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Outrage and Action Over Autistic Child's Alleged Abuse
(Part Two)

ATLANTA -- There's outrage over 11Alive's investigation of the story of an 11-year-old boy with Autism -- a judge said the boy was injured at school by an adult.

The reaction received in the 11Alive Newsroom after the story aired Monday night has been unprecedented -- and people are demanding answers from the system that educated 11-year-old Stefan Ferrari.

As of Tuesday afternoon, Metro North officials announced they had removed Stefan Ferrari's teacher from the classroom.

Sherri Jones admitted in a courtroom to talking about sex and drinking in front of the children. Judge John Gatto, a judge with the Office of State Administrative Hearings, found that Stefan was physically abused by an adult at his school last October.

* CLICK HERE to read Judge Gatto's ruling.

Stefan, an Atlanta Public Schools student, attended the facility in DeKalb County that is run by Metro North, a state agency. After coming home with unexplained injuries, Stefan's mother sewed a microphone into his shirt and sent him to school on October 21.

On the same day that Jones was removed, Atlanta school officials -- who refused to comment on the story for almost two months -- were ready to talk.

* CLICK HERE to read the full text of the letter to executive director of Metropolitan Regional Educational Services, Dr. Fran Davis Perkins
* CLICK HERE to read the full text of the letter to the state deputy superintendent of standards, instruction and assessment, Dr. Martha Reichrath

"I'm angry, horrified and disgusted about what happened to the young man at North Metro," said Atlanta Public School deputy superintendent Kathy Augustine in an interview with 11Alive's Jaye Watson. "I know he and his family have been treated badly."

The Ferraris say their son was treated badly -- not only at school, but by the school system in which he was a student.

"Stefan was at that facility as an Atlanta Public School student, was he not?" asked Watson.

"He was referred by the Atlanta Public Schools to have his education experience in that facility," said Augustine.

Stefan's parents call his experience a nightmare. The eight hours worth of audio captured in the classroom devastated Marcelo and Carolyn Ferrari.

"It was horrifying," Carolyn said. "I was visibly sick. I felt like I was going to vomit."

Carolyn and Marcelo listened for hours to what they called the neglect, ridicule and abuse of their son.

The microphone picked up the sounds in the room around Stefan. On the tape, the voices talked about the size of a boyfriend's genitals.

"The man I'm dating is intelligent. But he has a small penis. You can't throw a pebble into the ocean. Does it matter? Does size matter? Yes, it does."

The adults talked about drinking on the tape.

"Russian vodka with olive juice. That's a dirty martini?"

At one point in the day, Stefan ate some pizza out of the trash can. The adults joked about it.

"I mean he was chill. Finger lickin' good. He was chillin' with that."

But what the Ferraris heard that horrified them was this:

"You want a be-quiet hit?" (followed by the sound of a thump) "There you go. Get now, go on."

And two minutes later, listen as an adult tells others to leave.

"Please make him be quiet. Go away. Go. Take a minute. Go. Go on."

And 15 seconds later, there were 18 seconds of thumps and the sounds of Stefan making noises.

"It was numbing, and yet at the same time, you can't stop listening to it, because you're thinking, 'oh my God, if my child went through this, I need to hear what happened to my child'," Carolyn said.

"Were APS officials aware of the story before it aired last night?" Watson asked Augustine.

"I saw it last night and was outraged. Dr. Hall saw it and was outraged. There are some members of Atlanta Public Schools who knew of the case, but we heard the audio on WXIA last night," said Augustine.

11Alive News has documentation showing Atlanta Public Schools was alerted months before the story aired.

Atlanta school employees exchanged e-mails with the Ferraris on October 15, 22, and 23 -- the days just before and after Stefan was injured.

11Alive News has a copy of a legal complaint that was served to Atlanta Superintendent Dr. Beverly Hall on January 14. 11Alive News also has the notes from a meeting Atlanta school employees were at with the Ferraris and Metro North officials on November 12 -- three weeks after Stefan was injured.

"At that meeting, it says all participants agree that placement at Metro North is appropriate," said Watson. "And then his parents were served with a paper notifying they would be charged with truancy because they did not send Stefan back to Metro North after he was injured. Do you know about that?"

"No, I have no knowledge of that," answered Augustine.

The Ferraris sued Atlanta schools, and at the end of the week-long hearing, teacher Sherri Jones took the stand. The Ferraris' attorney, John Zimring, asked Jones if she was the one talking about a man's genitals.

"I can't recall if I said it or not," Jones said in the hearing.

If she was the one talking about drinking.

"I may have," she said.

If she was one of the people joking about Stefan eating out of the trash.

"I don't recall saying that," Jones replied.

But after Jones is made again and again to listen to the audio, her answers changed.

"And that was your voice?" Zimring asked.

"Yes, it was," Jones answered.

"So you did say that?" Zimring asked.

"It came out of my mouth, yes," Jones replied.

"You said that did you not?" Zimring asked.

"Most likely, yeah," said Jones.

"It was you wasn't it?" Zimring asked.

"Umm, that could have been what I said, yeah," Jones admitted.

Jones denies ever hitting or threatening to hit Stefan -- and Judge John Bello did not find that she did. His decision stated only that Stefan was injured at school by an adult.

"That is your voice is it not?" Zimring asked when the voice on the tape referred to striking Stefan.

"No, it's not," Jones said.

"Whose was it?" Zimring pressed on.

"I don't know," Jones said.

"You are under testimony to his honor!" Zimring said.

"I do not know whose voice is on that tape," Jones said. "It is not me."

"Those teachers are not Atlanta Public School teachers," said Augustine. "That program is not an Atlanta Public School."

"Doesn't the Atlanta Public Schools have a responsibility to make sure the programs they're referring students to are safe? Not only that they're educated, but not injured?" Watson asked.

"Yes, and that's why, in our demands, we expect them to be immediate," said Augustine.

"Do you understand the outrage?" Watson said.

"Of course I do, and I share the outrage," replied Augustine.

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Mother Records Autistic Child's Alleged Abuse
(Part One)

ATLANTA -- Stefan is an 11-year-old boy with Autism. A judge ruled he was physically and verbally abused at school.

11Alive has learned from the Deputy Superintendent of Atlanta Public Schools that the teacher involved in this story is "no longer in the classroom."

Atlanta Public School representatives sent a letter to the Georgia Department of Education and Metropolitan Regional Education Services demanding answers.

Stefan is an Atlanta Public School student but because of his special needs, he goes to schools run by a state agency called Metro North.

They line the outside of each leg -- bruises from knee to hip. A judge has ruled a school employee caused these injuries to 11-year-old Stefan Ferrari the day before pictures were taken.

Stefan cannot speak. He has Autism, and is non-verbal.

He could not tell his parents -- couldn't tell anyone -- what happened to him. But he had a mother who believed, before this happened, that something was terribly wrong at his school.

Stefan went to Margaret Mitchell Elementary School in Buckhead, where he was doing well, but he was transferred to the Marshall School in DeKalb County in August 2008, due to renovations.

That's when the Ferraris say things started to fall apart.

"I knew something was really wrong for the first time on September 8th," said Stefan's mother, Carolyn Ferrari.

That's when she said Stefan came home with bloody scratches, bruises and ripped shorts. His behavior over the next month deteriorated.

"It was getting worse and worse," Carolyn said.

Marcelo and Carolyn Ferrari say they repeatedly told school officials they were concerned. So the mother of a boy without a voice found a way to give him one.

"It's about the size of a quarter," Carolyn said about a microphone she sewed into Stefan's shirt. She sent him to school with it on October 21.

It would be his last day at Marshall.

"As soon as he took his boxers off to get in the shower, I noticed it," said Stefan's father, Marcelo Ferrari. "And I was like, 'oh my God'."

Marcelo was shocked by the severe bruising covering his son's legs. He and his wife went straight to the tape.

"Sit down stupid," was one of the things they heard on the tape.

"It was horrifying," Carolyn said. "I was visibly sick. I felt like I was going to vomit."

Carolyn and Marcelo stayed up all night listening to hour after hour of what they say was the neglect, ridicule and abuse of their son.

With the microphone hidden at the base of Stefan's neck, picking up the sounds around him, the Ferraris listened to the adults in the room talk about the size of a boyfriend's genitals.

"The man I'm dating is intelligent. But he has a small penis. You can't throw a pebble into the ocean. Does it matter? Does size matter? Yes it does."

The adults talked about drinking.

"Russian vodka with olive juice. That's a dirty martini?"

At one point in the day, Stefan ate some pizza out of the trash can. The adults joked about it.

"I mean he was chill. Finger lickin' good. He was chillin' with that."

But what the Ferraris heard that horrified them was this:

"You want a be-quiet hit?" (followed by the sound of a thump) "There you go. Get it now, go on."

And two minutes later, listen as an adult tells others to leave.

"Please make him be quiet. Go away. Go. Take a minute. Go. Go on."

And 15 seconds later, there were 18 seconds of thumps and the sounds of Stefan making noises.

"It was numbing, and yet at the same time, you can't stop listening to it, because you're thinking, 'oh my God, if my child went through this, I need to hear what happened to my child'," Carolyn said.

The Ferraris called DFACS and Atlanta police. Both investigations went nowhere. They sued the Atlanta Public Schools -- which recommended the program to the family. What was done to Stefan Ferrari and who did it would be decided in a small state administrative courtroom.

First up, Marshall's principal, Gail Healy.

"At no time after interviewing my teachers, talking to them do I feel he was abused at my program," Healy said.

Attorneys for Atlanta Public Schools said maybe Stefan cause the injuries to himself, but the Ferraris said Stefan was never self-injurious -- and the judge agreed.

Stefan's pediatrician, Dr. Alison Koenig testified.

"It seems to me something like that, he could not have done to himself but somebody had done it to him," she said.

The school's attorneys suggested maybe Stefan's father did it.

In his ruling, Judge John Gatto found, "Stefan was not injured at home...(He) was injured at school...His injuries were caused by multiple infliction of trauma. They were caused by his being struck by a hand or an object by an adult."

The week-long hearing was filled with experts -- educational, psychological, criminal. But the most anticipated witness took the stand on the final day of the hearing: teacher Sherri Jones. And the Ferrari's attorney, John Zimring, got right to it, asking her if she was the one talking about a man's gentials.

"I can't recall if I said it or not," Jones said.

If she was the one talking about drinking.

"I may have," she said.

If she was one of the people joking about Stefan eating out of the trash.

"I don't recall saying that," Jones said.

But after Sherri Jones is made again and again to listen to the audio, her answers changed.

"And that was your voice?" Zimring asked.

"Yes, it was," Jones answered.

"So you did say that?" Zimring asked.

"It came out of my mouth, yes," Jones replied.

"You said that did you not?" Zimring asked.

"Most likely, yeah," said Jones.

"It was you wasn't it?" Zimring asked.

"Umm, that could have been what I said, yeah," Jones admitted.

Jones denies ever hitting or threatening to hit Stefan -- and the judge did not find that she did. His decision stated only that Stefan was injured at school by an adult.

"That is your voice is it not?" Zimring asked when the voice on the tape referred to striking Stefan.

"No, it's not," Jones said.

"Whose was it?" Zimring pressed on.

"I don't know," Jones said.

"You are under testimony to his honor!" Zimring said.

"I do not know whose voice is on that tape," Jones said. "It is not me."

"So you felt empowered to take advantage of these children with disabilities?" Zimring asked.

"No," Jones replied.

Atlanta school attorneys gave Sherri Jones a chance to explain herself.

"I understand how it may come across," Jones said. "But I love what I do, and this will not stop me from continuing to do what I do for the rest of my life."

In his ruling, Judge Gatto used the word appalling -- given that Stefan is non-verbal, and did not have the ability to inform his parents of his mistreatment by employees on October 21. The school's failure to take the steps to discipline the adult educators involved leads the court to conclude that the schools can only promise more of the same.

"He's a different child," Carolyn Ferrari said.

Seven months after he was injured, Stefan Ferrari has made tremendous strides, and is excelling at his new private school. Failed by those who were supposed to support and protect her son, a determined mother did something no one thought could be done -- she gave him a voice.