Mingo Co. school board injury case removed to federal court

By From staff reports | Oct 20, 2017

CHARLESTON – A woman is suing Mingo County Board of Education after she claims her daughter is discriminated against because of her disability.

Larandi G. Compton is in third grade at Gilbert Elementary School and has never been assigned a personal aide to help with her disabilities, according to a complaint filed Sept. 6 in Mingo Circuit Court and removed to federal court on Sept. 27.

Lesa Compton claims Larandi Compton has classes upstairs at the elementary school and the exit is restricted and she cannot walk herself down the steps in the event of an emergency or elevator outage.

Putting the plaintiff in a classroom without a proper fire exit is in violation of West Virginia code, according to the suit.

Lesa Compton claims the elevator her daughter is to use is not fully functional and that her daughter is never included in anything at the school and is treated as an outcast.

Larandi Compton takes recess at school and merely sits on a bench and cries as she watches other students play on the playground, as there is no playground equipment for handicapped children, according to the suit.

Lesa Compton claims when she asked about handicapped equipment, she was told there was no money for such items, however, the Mingo Board of Education has money to fund numerous positions in its central office and has money for employees to receive raises.

When Lesa Compton asked about handicapped equipment, an employee suggested Larandi Compton could blow bubbles at recess, according to the suit.

Lesa Compton claims the elementary school has no wheelchair or walker ramps available on the playground and that the school is not fully handicap accessible and cannot accommodate those with disabilities.

Larandi Compton is discriminated against because of her disabilities, which is a violation of West Virginia code and the state Constitution, as well as the Americans with Disabilities Act, according to the suit.

Lesa Compton is seeking compensatory and punitive damages. She is being represented by Justin J. Marcum of Marcum Law Office.

Mingo is represented by Jennifer E. Tully and John P. Fuller of Bailey & Wyant.

U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-04051

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