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PENNSYLVANIA RECORD

Friday, March 29, 2024

Handicapped child's family alleges Mars Area School District owes attorney fees

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PITTSBURGH – The parents of a handicapped child are suing a local school district in an effort to recoup costs associated with a hearing regarding the child's mandated accommodations during his time in the district.

C.D. and M.D., on behalf of their child C.D., filed a lawsuit Jan. 6 in U.S. District Court for the Western District of Pennsylvania against the Mars Area School District in Butler County, alleging a violation of the Rehabilitation Act of 1973.

According to the complaint, while a student in the school district, C.D. was required to be considered a protected handicapped child, with the district being aware of C.D.’s ongoing academic problems resulting from concussion injuries.

According to the lawsuit, the school district failed to follow its own recommendations regarding accommodations for the concussion injury. A due process hearing at the school district March 4, 2015, confirmed C.D. and M.D.’s arguments, the suit says.

C.D. and M.D seek attorney fees, expert fees and costs of $59,493.12. They are represented by attorney John P. Corcoran Jr. of Jones, Gregg, Creehan & Gerace, LLP in Pittsburgh.

U.S. District Court for the Western District of Pennsylvania Case number 2:16-cv-00023-CB

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