CHARLESTON – A mother alleges the Kanawha County Board of Education denied her children the benefits and services of the school district because of their actual and/or perceived disabilities.
E.O., a minor, by and through her mother and next friend, M.O.; and J.O., a minor, by and through his mother and next friend, M.O.; and M.O. filed a complaint Aug. 25 in U.S. District Court for the Southern District of West Virginia against Kanawha County Board of Education citing the Americans with Disabilities Act.
According to the complaint, J.O. is eligible for special education services because of his disability. M.O. alleges that the defendant's employees told her that J.O.'s individualized education program requirements would not be followed because "they just did not do it that way," according to the suit.
M.O. alleges her daughter E.O. needed medical monitoring in October 2016 and requested the accommodation to leave class to use the restroom, but that accommodation was not provided. The suit also states that E.O. requested textbooks to use to study and make up work for missing school due to physical therapy, but this request was never fulfilled.
The plaintiffs request a trial by jury and seek permanent injunction against the defendant, compensatory damages, interest, all legal fees, punitive damages and any other relief as the court deems just. They are represented by Patrick Lane of The Lane Law Firm in Cross Lanes.
U.S. District Court for the Southern District of West Virginia case number 2:17-cv-03878