Cedar Wins Life-Changing Discrimination Case for Disabled Student

Cedar partner Chris Williams and associate Rachel Sugar recently obtained a hugely restorative discrimination settlement for a young disabled child in a Washington school district. The client was a young first generation American of Kenyan heritage who relies on a ventilator and wheelchair. In all respects, he is cognitively normal, if not of advanced intelligence. But his body is limited. He loved school and learning until he ran into a bad set of staff last school year.

The district’s high needs special education teacher repeatedly shamed him for being “too loud” with his ventilator. Another incident involved a paraprofessional asking a witness, as the 7-year old waved goodbye at the end of the day while getting on the bus, “was that a gang sign he just threw up at us?” Staff also repeatedly kept his communication device away from him and once squeezed his hand so hard he couldn’t drive his wheelchair the rest of the day. 

In addition to finding him a much more supportive classroom in the District, discrimination claims were asserted. An investigator for the school’s insurance policy found that they had acted unprofessionally but would not determine that holding a sign up in front of the class because his ventilator was “too loud” was disability-related, so he said no “discrimination” had taken place. He ignored the comment about gang signs in his findings, something insurance pool investigations commonly do when trying to protect the insured party from liability.

Obviously, Cedar disagreed and the District settled with the mother – without admitting liability – for enough money to buy a specialized air condenser and wheelchair that insurance would not cover.

Because of the equipment being made available by this settlement, this child will now be able to see Kenya and visit his grandparents and extended family, something that had not been a possibility before. The process has also restored his confidence and excitement about education, knowing that his right to learn free of discrimination has been affirmed.