PHILADELPHIA — A student's parents are suing a school district for its alleged negligence in failing to provide the care the student is entitled to.
M.M., by and through his parents Peter M. and Tracy M., filed a complaint on May 3 in the U.S. District Court for the Eastern District of Pennsylvania against Rose Tree Media School District claiming violation of the Individuals with Disabilities Education Act.
According to the complaint, M.M. is a 16-year-old student with an intellectual disability who resides in the defendant's school district. The suit states M.M. has been a residential special education student since 2013 and was placed in the residential program at Melmark by a Connecticut school district.
The plaintiff and his family moved from Connecticut to the defendant's school district in July 2016 and the suit states the defendant then became the entity responsible for providing a free and appropriate public education to M.M.
The plaintiffs allege the defendant issued a prior written notice to them advising that it would pay for M.M.'s day programming at Melmark but not his residential placement, citing that it was a medical — not educational — service.
The plaintiff is seeking all reasonable sums due, attorney's fees and court costs. The plaintiff is represented by Lorrie McKinley of McKinley & Ryan LLC in Westchester.
U.S. District Court for the Eastern District of Pennsylvania case number 2:19-CV-01986