Class Action Against Pomona School District Alleges Ongoing Abuse of Students with Disabilities

Los Angeles — Disability Rights Legal Center (DRLC), with Pillsbury serving as pro bono co-counsel, has filed a class action lawsuit against Pomona California Unified School District and the Pomona Special Education Local Planning Area (SELPA) for “willful failure to adequately report, document, respond to and prevent” physical and emotional abuse of two, and possibly more, students with autism who were under their care.

The class action, filed in the U.S. District Court for the Central District of California, contends that district officials, teachers, classroom aides and health officers violated the Americans with Disabilities Act, the plaintiffs’ constitutional rights, California’s Unruh Civil Rights Act and other statutes through a pattern of physical abuse and cover-up occurring since at least August 2013.

In addition to monetary damages, the suit seeks injunctive relief to stop further abuse of the plaintiffs and other students, and to enact policies designed to ensure all students receive full and equal access to district facilities, programs, services and activities as required by law, thereby improving the quality of education they have a right to receive.

The named plaintiffs are 9- and 12-year-old boys whose autism severely restricts their ability to communicate; other students with disabilities are thought to have experienced abuse as well. According to the suit, students suffered scratches, lacerations, bruises and even lost teeth, which school officials failed to report adequately or to explain to parents and to prevent from recurring. Inquiries by the named plaintiffs’ families were met with delayed responses from the school district or, in some cases, no response at all—a direct violation of California law requiring immediate reporting of instances of suspected child abuse.

Reportedly, on one occasion, two students without disabilities witnessed a classroom aide push the 12-year-old plaintiff against a wall and slap him across the face.

In addition to Pomona Unified School District and SELPA, defendants include the district superintendent and director of Special Education, special education coordinator, principals of schools attended by the two named plaintiffs, teachers, instructional aides and a health services assistant.

“California law has long imposed on school authorities a duty to supervise at all times the conduct of children on school grounds and to enforce those rules and regulations necessary for their protection,” the complaint notes. “The school district is liable for injuries which result from a failure of its officers and employees to use ordinary care in these respects.”

“The defendants, notably those who interacted on a daily basis with the students, preyed on them because of their disabilities, which is disability discrimination, and also because these children could not adequately report what was happening to them at the schools,” said Christine Scheuneman, a litigation partner in Pillsbury’s Los Angeles office.

“The district did not properly train or oversee abusive staff, and it conspired to cover up what was transpiring with these vulnerable students,” said DRLC attorney Elizabeth Eubanks.

Eubanks continued to explain that “parents of the two named plaintiffs were given the runaround or were rebuffed in their attempts to obtain meaningful information, including why their sons were returning home with bruises and scratches on their faces, necks and bodies. Eventually both boys began to display signs of emotional disturbance and trauma, such as excessive crying and loss of previously learned skills, and they have been prescribed anxiety and sleep aid medication.”

About Disability Rights Legal Center
Disability Rights Legal Center (DRLC) champions the rights of people with disabilities through education, advocacy and litigation, and maintains specialized programs that focus on areas of pressing concern. Its client base consists of people, including children and students, with all types of disabilities; those affected by cancer and terminal illness; and medically fragile children. For more information, please visit www.disabilityrightslegalcenter.com.

Featured

  • ClassVR Wins Tech & Learning Best of Show at ISTELive 25

    Avantis Education recently announced that its flagship product, ClassVR, won the Tech & Learning Best of Show Award at ISTELive 25 in San Antonio, Texas, according to a news release. The program is designed to celebrate products that are “transforming education in schools around the world and that show the greatest promise for the industry,” and this is the fourth consecutive year that Avantis has claimed the award.

  • FAU Starts Construction on Holocaust and Jewish Studies Building

    Florida Atlantic University recently began construction on a new academic building for its campus in Boca Raton, Fla., according to university news. The Kurt and Marilyn Wallach Holocaust and Jewish Studies Building will stand two stories, measure in at 22,000 square feet, and play home to the university’s Holocaust education and Jewish studies programs.

  • Texas District Finishes Construction on New Middle School, Admin Building

    The Westwood Independent School District recently held a ribbon-cutting ceremony for the new Westwood Middle School and Administration Building in Palestine, Texas, according to a news release. The campus covers 106,000 square feet and has the capacity for 650 students in grades 6–8, and it will also play home to the district’s staff and administration.

  • South Texas K–12 District Debuts Region’s First Electric Bus Fleet

    The Valley View Independent School District in Pharr, Texas, recently announced a partnership with Highland Electric Fleets to launch the district’s—and the region’s—first fleet of all-electric school buses, according to a news release.