On August 21st, 2024, Kennedy Hunt P.C. filed a complaint against Fort Osage R-1 School District in Independence, MO alleging public accommodation discrimination against the defendants in violation of the Missouri Human Rights Act, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act.
Our clients are the mother and minor plaintiff, and the mother serving as her next of friend in this case. The minor plaintiff is diagnosed with Autism Spectrum Disorder and ADHD.
According to the lawsuit, in or about August 2022, the school district informed our clients the child no longer needed a one-on-one paraprofessional. The lawsuit also claims fellow classmates bullied the child due to his disabilities.
The lawsuit alleges when the child asked how to prevent bullying, the school district misinterpreted the situation because of his disability. Per the lawsuit, in November 2022 the child was slapped by a fellow student and the school district initially did nothing to remedy the situation, and only proposed that the child leave classes early or late to avoid other students.
According to the lawsuit, in Spring 2023, the child expressed interest in joining the track team. But no one responded to his inquiry, even after he followed up. In February 2023, the track coach called the child into her office to discuss the track team.
The lawsuit alleges that the track coach mentioned that the child always runs in the halls and asked our client (his mother) if he had an IEP. According to the lawsuit, the track coach told the child’s mother she did not believe he could be on the track team.
According to the lawsuit, the school district instead recommended the child reach out to the Special Olympics for participation in track.
Per the lawsuit:
Defendant excluded the child from participating in a public school activity because he is disabled. Fort Orange R-1 School District denied the child the opportunity to gain some educational benefits as non-disabled students due to his disability. […] Defendant discriminated against and continues to discriminate against plaintiff based on his disability.
According to the lawsuit, our client’s experience continued emotional distress and loss of enjoyment of the facilities to which he is entitled.
This lawsuit seeks punitive damages, statutory interest, pre-and-post judgment interests, costs and expenses, and reasonable attorney fees.
This case is ongoing.
For more information, contact attorney Sarah Jane Hunt at sarahjane@kennedyhuntlaw.com. If you or someone you know has been a victim of discrimination, our skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim.