May 4, 2009
Last Wednesday April 29th the U.S. Justice Department announced that it had filed suit in U.S. District Court in Philadelphia against Noble Learning Communities Inc. (Nobel). The Justice Department alleges that Nobel violated title III of the Americans with Disabilities Act (ADA) by excluding children with autism spectrum disorder and other disabilities from its schools and programs.
The Justice Department complaint identifies children with disabilities who were denied admission to or removed from Nobel schools in several states. Nobel is a network of more than 180 private preschools, elementary and secondary schools in fifteen states. The schools operate under various names including Chesterbrook Academies, Bethesda Country Day School and Merryhill Schools. The Nobel chain also provides summer programs and child care services.
“All parents want their child to have the opportunity to reach his or her full potential,” said Loretta King, Acting Assistant Attorney General for the Civil rights Division. “The Justice department will vigorously enforce Title III of the ADA to ensure that children with disabilities have full and equal opportunity to participate in academic and non-academic activities.”
Title III of the ADA prohibits public accommodations, including private schools, from excluding individuals with disabilities from programs or services offered by the public accommodation. Under Title III private schools must make reasonable modifications to allow an individual with a disability a full and equal opportunity to participate in or benefit from the programs and services offered by the school. The Department of Justice advises that parents or guardians who believe their child may have been discriminated against on the basis of disability should contact the Justice Department’s Civil Rights Division.
