The case centers on E.P., a student with pulmonary aplasia, cardiac dextroposition, and other serious ailments who requires a ventilator and feeding tube. Her mother, Lindsay Ross, sued on behalf of both herself and her daughter under the Americans with Disabilities Act, the Rehabilitation Act, and the Illinois Human Rights Act.
Plaintiffs allege the district effectively excluded E.P. from two art classes and a freshman transition seminar by refusing to provide reasonable accommodations, such as social distancing, and by failing to engage in an interactive process to determine appropriate modifications.
The dispute over the Freshman Seminar involves the district’s refusal to allow social distancing in a class of 30 students and its offer to let E.P. attend via a "V-Go" robot, which plaintiffs claim malfunctioned and failed to provide meaningful social interaction.
Regarding the Visual Art and Technology course, plaintiffs allege the district withdrew E.P. because she fell behind in coursework while recovering from surgery, despite her requests for makeup work and equipment that the district claims it provided.
In the Studio Art class, plaintiffs allege teacher Taylor Smith seated E.P. next to an open trash bin after becoming frustrated with accommodation requests, a fact the district disputes.
The court found genuine disputes of material fact regarding whether the district’s actions constituted intentional discrimination through deliberate indifference and whether the district retaliated against E.P. and Ross for requesting accommodations and filing complaints.
The ruling allows the discrimination and retaliation claims to proceed to trial.