Kennedy Hunt P.C. recently filed a human rights lawsuit against the Missouri Department of Social Services, Division of Youth Services for alleged discrimination against our client based on his disability.
According to the lawsuit, our client is a person with various disabilities, including Reactive Attachment Disorder (“RAD”), Autism Spectrum Disorder (“ASD”), Oppositional Defiance Disorder (“ODD”), and Attention Deficit Hyperactivity Disorder (“ADHD”).
Per the lawsuit, Defendant assumed responsibility for our client public education when it placed him at Bissell Hall – which is a place of public accommodation – in April 2023.
The lawsuit alleges:
When Defendant placed Plaintiff at Bissell Hall, it became responsible for his education and for the administration of his accommodations. Defendant knew Plaintiff was a student with a disability and required reasonable accommodations to access his education. However, Defendant failed to provide the required accommodations.
According to the lawsuit, our client did not have a teacher for most of his tenure with the Defendant. The lawsuit claims that instead of providing specialized instruction, Defendant provided our client with packets of worksheets.
The lawsuit continues:
Defendant had no basis to ignore Plaintiff’s multiple developmental disabilities, and its decision to ignore these disabilities exhibits its deliberate indifference to Plaintiff’s needs.
The lawsuit also alleges Defendant graduated our client early from school at 18 without advising him of his right to stay in school until age 21.
The lawsuit also claims:
Defendant did not provide Plaintiff with the reasonable accommodations that would allow Plaintiff to receive a meaningful education because of his disability. Defendant prematurely graduated Plaintiff due to his disability. Defendant denied Plaintiff the opportunity to gain the same educational benefits as non-disabled students due to his disability. Plaintiff’s disability was a motivating factor in Defendant’s actions. Such actions constitute disability discrimination and retaliation in violation of the MHRA.
According to the lawsuit, as a direct and proximate result of the above-described acts, our client has suffered and will continue to suffer pain of mind and body, shock, emotional distress, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life.
This lawsuit seeks emotional distress damages, compensatory damages, pre-and post-judgment interest, and attorney’s fees and costs, as well as any other relief this Court deems may be just and proper.
This case is ongoing.
Our team are experts in education and disability law. 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.