PRINCETON – A mother is suing the Mercer County Board of Education after she claims it failed to implement her son’s Individualized Education Plan and it caused him injuries.

On Aug. 18, 2014, Jason Michael Allen was a 5-year-old special needs student attending Athens Elementary in Mercer County and had behavior issues that preclude being in a regular class and he was placed in classrooms for behavior issues as part of his individualized education plan, according to a complaint filed Sept. 28 in Mercer Circuit Court.

Angela Allen, Jason Allen’s mother, claims as part of his IEP, he needs a one-on-one aide and on Aug. 18, 2014, he was left in the classroom with no more than a teacher in direct contravention of his IEP, and upon information and belief, he turned over a table that landed on his foot.

By neglecting to have the aide supervising Jason Allen, the board acted in a negligent, careless and reckless manner with total disregard for the students’ safety attending the elementary school, according to the suit.

Angela Allen claims her son sustained painful and permanent injuries to his right foot and toes, including a partial amputation of the right great toe and the second toe. He also lost both toenails.

The plaintiff incurred medical expenses for treatment of the injuries in excess of $19,671.89 and will be incurring additional medical expenses in the future, according to the suit.

Angela Allen claims the failure to implement a portion of an IEP constitutes a denial of a free appropriate public education.

Angela Allen is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Harold B. Wolfe III of Harold B. Wolfe III Law Offices.

Mercer Circuit Court case number: 16-C-319

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