PHILADELPHIA — Two siblings and their grandparent and legal guardian are suing Berks County Intermediate Unit, citing alleged breach of duty and disability discrimination.
K.G.; K.G. and M.E. filed a complaint July 2 in the U.S. District Court for the Eastern District of Pennsylvania, alleging that the defendant refused to provide an appropriate compensatory education fund for each of them.
According to the complaint, the plaintiffs requested a due process hearing in May 2017 as a result of the defendant's alleged failure to provide preschool services to the children, each of whom is autistic, to allow them to receive a free, appropriate public education as the law requires.
However, the plaintiffs said they did not receive the appropriate compensatory education as a result of the hearing, and the intermediate unit failed to order the creation of individualized education programs for each child.
The plaintiffs claim the defendant denied them equal services, programs or activities based on their disabilities.
The plaintiffs request a trial by jury and seek an appropriate amount of compensatory education, damages, court costs, litigation expenses, and additional relief as may be deemed proper under the circumstances. They are represented by Elizabeth Kapo of Elizabeth Kapo, Attorney at Law in Bethlehem, Pennsylvania.
U.S. District Court for the Eastern District of Pennsylvania case number 5:18-cv-02795-JFL