West Virginia Record

Monday, September 23, 2019

Parents, child accuse Morgan County school board of IDEA violations

Lawsuits

By Philip Gonzales | Jul 5, 2018


CLARKSBURG — Morgan County parents and their child are suing the local board of education, alleging violation of Individuals with Disabilities Education Act (IDEA).

R.S. and C.S., Individually and on behalf of D.S., a child with a disability, filed a complaint May 18 in U.S. District Court for the Northern District of West Virginia against the Morgan County Board of Education,  alleging the board denied the student a free appropriate public education.

According to the complaint, D.S., a child with a disability attended a school system at the non-neighborhood school, and his father reduced his work hours to 20 hours per week in order to provide transportation to the student. 

The plaintiffs allege the Morgan County Board of Education failed to provide the student with a one-on-one aide and failed to provide specially designed instruction to address his learning disabilities.

The plaintiffs seek trial by jury, an order requiring the school system to provide the student with a one-on-one aide and with the specially designed instruction to address his learning disabilities, compensatory damages, litigation expenses and all other just and proper relief. They are represented by attorney Nancy A. Dalby of Shepherdstown.

U.S. District Court for the Northern District of West Virginia case number 3:18-cv-00080-GMG

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Nancy A. Dalby, Attorney at Law, PLLC U.S. District Court for the Northern District of West Virginia Clarksburg

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