ST. LOUIS COUNTY -- Two school districts here routinely punished a disabled student for behaviors caused by his disabilities, leading him to miss dozens of school days to serve unlawful suspensions, his parents claim.
A lawsuit filed Monday by parents Heidi and Jeremy Henson alleges Rockwood School District and Special School District of St. Louis County suspended their elementary-aged son 11 times between January 2023 and February 2024 for the student's behavior brought on by autism spectrum disorder and attention deficit hyperactivity disorder, or ADHD.
The school districts suspended the student as a practice, the suit claims, even after it was determined on four separate occasions that the student's behavior was a symptom of his disability. Such practice constituted disability discrimination and violated the student's right to full and equal use of public accommodations promised under the Missouri Human Rights Act, the suit says.
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The Hensons' son, identified as "A.H." in the lawsuit, has difficulty regulating his emotions and controlling impulses, the suit says. His ADHD and autism manifests through involuntary aggressive acts, including hitting or kicking teachers or other staff , and are not "intentionally disrespectful."
Rockwood and Special School District suspended A.H. several times for hitting teachers or staff members while he was a student at Uthoff Valley Elementary. In one case, the boy hit a police officer who helped restrain him and Uthoff Valley's principal threatened the Hensons with expulsion and criminal charges after the incident in August 2023, the suit says.
In October 2023, the districts suspended A.H. for nearly six days after he struck his special education teacher. Eleven days later, after A.H. served his suspension, the districts determined they shouldn't have suspended the boy because his behavior was consistent with his disabilities.
Three days after that, A.H. was suspended again for five and a half days after striking multiple staff members. The districts determined in a meeting after A.H. served his suspension they shouldn't have suspended him because his behaviors again aligned with his disability. The same happened after two more suspensions.
"These late manifestation meetings were so defendants could avoid the requirement not to suspend children for behaviors associated with their disabilities," the suit states.
The Hensons also alleged Rockwood and Special School District employees used a padded blue mat to restrain their son when he was agitated or melting down by using it to trap him against a wall.
By January 2024, their son started making suicidal remarks and a physician later diagnosed the boy with major depressive disorder and possible post-traumatic stress disorder as a result of his school experiences, the suit says.
Mary LaPak, chief communications officer for Rockwood, said the district does not comment on pending legal action or individual student matters. A spokesperson for Special School District did not respond to a request for comment by late Tuesday afternoon.
The Hensons are seeking damages for emotional pain, inconvenience, mental anguish, loss of enjoyment of life, and trial by jury.
Monica Obradovic 314-340-8048 mobradovic@post-dispatch.com
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