Dallas, TX… April 6, 2021 – Brewer Storefront announced that its clients James and Michelle Hardt filed a lawsuit against The Lamplighter School in Dallas, alleging violations of the Americans with Disabilities Act (ADA) of 1990.
The Hardts filed the lawsuit on April 5, 2021, in U.S. District Court for the Northern District of Texas, Dallas Division, on behalf of their daughter, who was denied re-enrollment at the independent school after being diagnosed with dyslexia and a speech and language disorder. The lawsuit alleges negligence and breach of contract.
“The Lamplighter School portrays itself as welcoming and inclusive, but our clients believe that is a false representation when their child was asked to leave the school after being diagnosed with a learning disability,” says William A. Brewer III, partner at Brewer Storefront and counsel to plaintiffs. “Our clients believe the school failed their child – and the principles upon which it claims to operate as an educational institution.”
Brewer Storefront is the community-service legal affiliate of Brewer, Attorneys & Counselors.
According to the complaint, the child was enrolled at Lamplighter for the 2017-18 school year and attended the school for three years. She was denied re-enrollment for the 2020-21 school year. The complaint alleges that the school failed to adequately monitor the child’s academic development and did not make accommodations in response to her learning needs.
According to the school website, Lamplighter’s mission statement states that “Dedicated to igniting the potential of each child, Lamplighter engages children in the joy of learning through intellectual discovery in a creative, inclusive, and collaborative environment.” The school also promotes a “statement of inclusion.”
According to the complaint, “Lamplighter simply neglected its obligations to accommodate the Child’s disabilities and directed the Child to leave and go to a different school.”
The complaint continued, “Furthermore, the re-enrollment denial occurred after a documented, contractually agreed upon deadline for making such decisions – abandoning the Child and her family at a critical juncture in the Child’s formative years.”
The complaint alleges that Lamplighter violated Title III of the ADA when it discriminated against the child because of the child’s disability. The complaint alleged that Lamplighter discriminated against the child by failing to reasonably accommodate the child and denying her enrollment in Lamplighter’s educational programs, and by denying the child the ability to participate in on-site therapy to remediate her disabilities, among other actions.
“We believe this case is important for not only our daughter, but also all families who advocate for children with learning disabilities,” says James Hardt. “We believe accommodations could have been made in this instance, and we hope they will be made going forward for families who entrust Lamplighter with the education of their children.”
Joining William A. Brewer III in representing plaintiffs is attorney Efrain Vera.