Parent claims School District of Philadelphia failed to provide educational accommodations to her child

By Noddy A. Fernandez | Feb 19, 2019

PHILADELPHIA — A mother and her minor child are suing a school district, citing alleged breach of duty and disability discrimination.

M.C., a minor, by and through his mother Marie Conyers, filed a complaint on Feb. 5 in the U.S. District Court for the Eastern District of Pennsylvania against the School District of Philadelphia, alleging the defendant violated M.C.'s rights as secured by the Individuals with Disabilities in Education Act.

According to the complaint, Marie Conyers' child was denied a free appropriate public education and an opportunity to receive a meaningful benefit from his education. Despite plaintiff's notifications as required by defendant for re-evaluation and an updated IEP, the district allegedly did not evaluate M.C. prior to the start of the 2017-18 school year. The district also allegedly failed to issue a Permission to Evaluate form within 10 days of parent’s written request. 

As a result, plaintiff M.C. allegedly was denied the right and opportunity to receive a public education in the District of Philadelphia. The plaintiffs allege the defendant failed to provide the specially designed instruction and related services for plaintiff M.C. to receive a free appropriate public education in the district and failed to provide M.C. with educational and other services that are as effective in affording equal opportunity as the services provided to students without disabilities.

The plaintiffs request a trial by jury and seek compensatory education to whatever extent necessary, pay reasonable attorneys' fees, and grant such other relief as the court deems appropriate. They are represented by Osarugue Grace Osa-Edoh of Kershenbaum & Raffaele LLC in Bryn Mawr.

The U.S. District Court for the Eastern District of Pennsylvania Case No. is 2:19-cv-00520-GAM.

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Kershenbaum & Raffaele LLC U.S. District Court for the Eastern District of Pennsylvania

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