In this case, the Plaintiffs alleged that the school
district failed to properly implement an educational plan under Section 504 of the Rehabilitation Act and
the ADA on behalf of a disabled student who had ADHD. According to the allegations, the student committed suicide on
the last day of school allegedly as a result of academic failures stemming from
the failures of the school to implement the educational plan. The parents asserted that the school was responsible for their son's suicide because officials failed to notify them that their son was struggling academically, which was allegedly required under the education plan.
In a previous ruling in this case, Judge Caputo had dismissed a failure to prevent suicide claim presented by the Plaintiffs.
The defense asserted that the Plaintiff's were attempting to recast a failure to prevent suicide claim as a violation of the Section 504 and the ADA. The Court rejected this defense and noted that issues of fact compelled the Court to deny the school district's request for summary judgment on the claims presented.
Judge A. Richard Caputo M.D. Pa. |
The defense asserted that the Plaintiff's were attempting to recast a failure to prevent suicide claim as a violation of the Section 504 and the ADA. The Court rejected this defense and noted that issues of fact compelled the Court to deny the school district's request for summary judgment on the claims presented.
Anyone wishing to review a copy of this decision may click
this LINK. The Court's companion Order can be viewed HERE.
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