Person with disabilities is suing school system for violation of the ADA

By Jenie Mallari-Torres | Sep 3, 2018

PHILADELPHIA — A person with disabilities is suing Perkiomen Valley School District, citing alleged failure to uphold Americans with Disabilities Act regulations (ADA).

RB filed a complaint through her parents, KA and JB, and attorneys-in-fact on July 20, in the U.S. District Court for the Eastern District of Pennsylvania, against Perkiomen Valley School District alleging that the school system breached its duty of good faith and fair dealings.

The plaintiff alleges that she was denied a free appropriate public education for 2015-2017 school years by insisting on placing plaintiff, with disabilities who has been classified as Eligible for Special Education and Related Services and protected under the ADA, in an existing and available program that was inconsistent with her needs, strengths and abilities.

 As a result, plaintiff's parents incurred expenses for placing plaintiff into the VIP program including tuition, residential costs and transportation. 

The plaintiff holds Perkiomen Valley School District responsible because the defendant allegedly failed to offer an appropriate education program by insisting she enroll in a program that was not designed with plaintiff's individual needs and proven difficult for her condition, and further caused harm by wrongfully denying plaintiff into a VIP program and denied reimbursement for costs incurred for the VIP education.

The plaintiff requests a trial by jury and seeks judgment against defendant, reimbursement of tuition expenses, compensatory education, award attorney's fees, costs litigation, and other relief as the court deems just. She is represented by Ira M. Fingles of Hinkle & Fingles Attorneys at Law in Lawrenceville, New Jersey.

U.S. District Court for the Eastern District of Pennsylvania Case number 18-cv-03165

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