On January 6th, 2025, Kennedy Hunt P.C. filed a complaint against Rockwood School District and the Special School District of St. Louis County alleging discrimination based on disability against the defendants violating the Missouri Human Rights Act.
According to the lawsuit, our client is a minor child with Autism Spectrum Disorder and Attention Deficit Hyperactivity Disorder. These disabilities substantially limit our client’s major life activity of learning because he has great difficulty regulating his emotions, managing transitions, communicating effectively, controlling his impulses, and following directions.
One of the ways our client’s medical diagnoses of ADHD and ASD manifests is through involuntary aggressive acts – including hitting or kicking teachers or other staff. These acts are not intentionally disrespectful but are symptomatic of our client’s disabilities. 35.
The lawsuit alleges that Rockwood School District and SSD knew or should have known that physically aggressive acts are a symptom of the child’s disabilities.
According to the lawsuit, our client started kindergarten in 2020, and both Rockwood School District and SSD excluded our client from education on multiple occasions to punish the child for behaviors consistent with his disabilities.
The lawsuit alleges that after multiple suspensions the elementary school principal threatened the child’s parents with expulsion and criminal charges.
The lawsuit also claims the Defendants used a blue mat to restrain and exclude our client on at least one occasion without the parent’s consent.
On March 15, 2023, [the parents] learned for the first time that Rockwood and SSD used a padded blue mat to restrain and seclude [their child] when he was agitated and melting down due to his disability. When utilizing the padded blue mat, Rockwood and SSD would hold it against [the child’s] body, sometimes pressing it against a wall to trap [him] between the mat and the wall, restraining his limbs and preventing his movement.
The lawsuit continues:
On November 14, 2023, the child’s physician wrote a letter stating that the child’s “maladaptive outbursts are related to his underlying behavioral diagnoses” and opined that he should not receive suspensions as punishment for these behaviors.
According to the lawsuit, our client was suspended multiple times after the school district received this letter.
The lawsuit alleges that in January 2024, the child began seeing a school counselor for suicidal remarks and developed PTSD as a result of his experiences at school.
Per the lawsuit, the child was suspended multiple times after receiving these diagnoses:
On February 13, 2024, Rockwood and SSD gave [the parents] a letter informing them that they extended [their child’s] suspension until March 15, 2024. On February 14, 2024, Rockwood and SSD determined that they should not have suspended [the child] because it was a punishment for behaviors consistent with [his] disability. On February 26, 2024, Defendants suspended [the child] for 5.21 days for assault. Defendants later concluded that they imposed the February 26, 2024 suspension as punishment for behaviors consistent with [his] disability. However, [the child] served almost the full amount of time for his suspension due to the time it took the Defendants to make the conclusion.
The lawsuit alleges these late manifestation meetings were so the Defendants could avoid the requirement not to suspend children for behaviors associated with their disabilities.
The lawsuit continues:
During the suspensions, Defendants did not adequately provide instructional education to [the child], causing regression. Defendants excluded [the child] from academic instruction due to his disabilities.
In March 2024, our minor client began medical homebound. The lawsuit claims that during medical homebound, Defendants did not adequately provide instructional education and services to the child, causing regression. Defendants again excluded him from academic instruction due to his disabilities.
The lawsuit continues:
At the time of Defendants’ misconduct, Defendants knew their actions were outrageous, unlawful, and were undertaken maliciously and/or in reckless disregard for Plaintiffs’ right to be free from discrimination and retaliation.
The lawsuit seeks actual damages, including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, other nonpecuniary losses, punitive damages against the Defendant, and attorney’s fees and costs.
This case is ongoing.
For more information, contact managing 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.