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Autism Discrimination Class Action Lawsuit Overview:
- Who: Kimberly Powell filed a class action lawsuit against The School Board of Volusia County, Florida.
- Why: Powell claims the school district discriminated against her son and other students with autism who are dealing with behavior issues linked to their disability.
- Where: The class action lawsuit was filed in Florida federal court.
Students with autism experience routine removal due to behaviors caused by their disability, according to a class action lawsuit filed against The School Board of Volusia County, Florida.
The class action lawsuit comes just over two months after the school district came to a settlement agreement with the US Department of Justice, following an investigation into how it handles students dealing with disability-induced behavior issues, such as autism.
The investigation was launched following complaints on behalf of 11 students — including nine diagnosed with autism — that attended schools across the district, according to the class action lawsuit.
School Unfairly Disciplines Students with Autism, Claims Class Action Lawsuit
Lead plaintiff Kimberly Powell claims the school district was overly punitive and discriminatory by removing students with autism and not recognizing that their behavior challenges were due to a disability.
Powell is seeking damages in excess of $50 million and wants to represent a Class of all persons who attended or previously attended a school operated by The School Board of Volusia County, Florida.
Plaintiff filed the class action lawsuit on behalf of her minor son, who has been diagnosed with autism.
Powell told ClickOrlando that the school district has repeatedly called herself and law enforcement on her son simply for exhibiting behaviors that are consistent with his disability.
The school district has also tried or threatened to apply the Baker Act — a Florida law that allows a person who is undergoing a mental health crisis to be forcibly institutionalized and examined — on her son “hundreds and hundreds of times,” Powell told ClickOrlando.
Powell claims the district is in violation of the Rehabilitation Act of 1973, and that the DOJ’s investigation substantiated the complaints made on behalf of the students and proved the school district violates the Americans with Disabilities Act.
A similar class action lawsuit was filed against the Florida Department of Justice this month by juvenile inmates — including ones with disabilities — who claim their rights were violated by being placed in solitary confinement.
Has your child been discriminated against by their school because of behavioral issues caused by a disability? Let us know in the comments!
The plaintiff is represented by Jason L. Harr of The Harr Law Firm.
The Volusia County School District Autism Discrimination Class Action Lawsuit is Powell v. The School Board of Volusia County, Florida, Case No. 6:21-cv-01791, in the U.S. District Court for the Middle District of Florida.
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4 thoughts onStudents With Autism Face Routine Discrimination, Says Class Action Lodged Against Florida School Board
My son was diagnosed with ADHD while living with my ex husband in the county of San Bernardino, Ca. After he moved in w me to long beach ca, his teacher told me that she believed medication would help his performance and help him focus in class. So I signed him up for mental health services in Long Beach, ca. After he had been receiving services for a few months, I reminded his counselor and he said he did not believe my son had adhd. We needed to do a new assessment. My son committed suicide s few days after his 17th birthday
Deseo ser parte de esta demanda. En el día de hoy recibí una carta por parte de la Universidad de mi hija con Autismo, indicándome que mi hija debe desalojar la vivienda residencial de la Universidad en 10 días y dice mucho más. Mi hija tiene Autismo. Me siento devastada al verla a ella sufriendo porque sus sueños y metas de estudiar y ser una profesional lo han derrumbado.
Mi hija es estudiante en una Universidad al Sureste de Florida.
My son has autism and adhd I feel he was mistreated in Rockford public schools I asked them several times to put him general education because he was mimicking others behavior now that it’s gotten worse they come up with conclusion to put him in a school 30 minutes away from home not mention they was using spine restraint on him never called me until after they had done things to him and also called crisis on my child I went into the classroom and saw other students misbehaving which made me think it was racism then to tell him everyday he’s making bad choices and he will never go to general education was started by the principal