PHILADELPHIA — A disabled child's parents are suing Kennett Consolidated School District, citing alleged disability discrimination and violation of the Individuals with Disabilities Education Act (IDEA).
Jeffrey D. and Patricia H. filed a complaint Aug. 7 in the U.S. District Court for the Eastern District of Pennsylvania.
According to the complaint, the plaintiffs allege that their minor child had declining grades and difficulty getting to school in the morning, was missing school because of illness, struggled socially with peers and experienced increased anxiety as a result of the failure of the defendant to properly evaluate and provide an appropriate program for the student.
The plaintiffs claim the defendant failed to offer or discuss the option of having the child adequately evaluated for his obvious special education needs and attempted to deny responsibility for ensuring the child received a meaningful education.
The plaintiffs request a trial by jury and seek an order requiring the defendant to pay tuition, room and board and other related educational expenses, reimbursement for the cost of independent educational evaluations, reimbursement of attorneys' fees and related costs and other relief the court deems appropriate. They are represented by Jason Fortenberry of Kershenbaum & Raffaele in Bryn Mawr, Pennsylvania.
U.S. District Court for the Eastern District of Pennsylvania case number 18-cv-03345