CONTACT: Linda Paris, Washington Lawyers’ Committee for Civil Rights and Urban Affairs, 202-308-5186, [email protected]
WASHINGTON, DC – Today, Ms. Keysha Powell, a parent of a student with disabilities, filed a lawsuit against the District of Columbia for its failure to accommodate her daughter in afterschool programming. The mother of four is represented by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and co-counsel Ropes & Gray LLP.
Ms. Powell’s daughter, S.R., is a seven-year-old student with asthma and severe seafood allergies. To manage her disabilities, S.R. needs trained staff to administer her medications, including an inhaler and an EpiPen, so she does not experience an asthma attack or a life-threatening allergic reaction. The lawsuit alleges that the District, through its own afterschool program and programs it runs through partner organizations, failed to accommodate S.R.’s disabilities by failing to have trained staff who could access or administer her medications. S.R. lost educational opportunities, interaction with her peers, and access to extracurricular activities. Without trained staff who could access or administer S.R.’s medications, Ms. Powell had to leave work early or coordinate with family, friends, and community members to pick up her daughter early from the program.
Ms. Powell’s complaint outlines how the District’s actions violate the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the District of Columbia Human Rights Act of 1977.
“My daughter’s health needs to be taken seriously,” says Ms. Powell. “My daughter, and other kids like her in afterschool, need trained staff to help them with their meds. The District needs to be held accountable to care for these students.”
Afterschool programming benefits a child’s education by improving their school attendance, academic achievement, and attitudes toward learning. Time spent in an afterschool program improves a child’s mental and physical well-being and supports their social, emotional, mental, behavioral, and identity development. Students with disabilities deserve equal access to these programs, and, under the law, are entitled to participate alongside their nondisabled peers.
“The District is making efforts to increase afterschool programming, but children with disabilities are being left behind,” says Chelsea Sullivan, associate counsel at the Washington Lawyers’ Committee. “Asthma and allergies are very common disabilities, and a seven-year-old child should not have to worry if she will receive her medication in a time of distress or lose time with her peers.”
“Properly training staff to support and accommodate children with disabilities is crucial and required by law, both for in-school and after-school activities,” says Matt Rizzolo, litigation partner at Ropes & Gray. “Parents like Ms. Powell should not need to worry about whether their children are in a safe and healthy environment.”
A link to the filed complaint can be found here.