NEW ORLEANS -- A woman is suing a Catholic school for alleged discrimination against her disabled child.
K.K., mother of child B.K. filed a federal lawsuit on July 14 in New Orleans against St. Catherine of Siena School, St. Catherine of Siena Roman Catholic Church, Timothy Hendrick and Maria Ward for disability-based discrimination under the Rehabilitation Act and under Title III of the Americans with Disabilities Act.
According to the complaint, Timothy Hedrick is the pastor and top administrative official at St. Catherine of Siena School and Maria Ward is the principal of St. Catherine of Siena School.
St. Catherine of Siena School (SCS) is a recipient of both federal and state funds, and received a a federal loan of $955,266 from the SBA’s “Paycheck Protection Program" on April 10, 2020. SCS receives more than $50,000 per year of federal money through the National School Lunch Program and approximately $20,000 in state funds through the Louisiana Department of Education’s textbook program, the suit says. Despite this, SCS does not provide special education services, though it serves grades Pre-K through seventh grade, the suit says.
B.K. is a person with a disabilities and has been diagnosed with ADHD. In February 2019, when Plaintiff was in first grade, a clinical psychologist and licensed behavioral analyst evaluated Plaintiff and diagnosed him with ADHD and based on the evaluation, SCS created an “Educational Plan for Student for Individualized Needs” that included B.K. being read out loud materials for better comprehension.
In August 2020, a few days before B.K. was to begin the third grade, SCS mailed a letter to K.K. stating that the school was unilaterally discontinuing the educational plan for B.K. K.K. made a personal Facebook post regarding the letter, in which she then received a message from Hedrick telling her to take down the post as it was inappropriate, the suit says.
On Dec. 14, 2020 during a discussion with Principal Ward, K.K. requested that B.K. begin getting oral delivery of material for better understanding, and she was denied, the suit says. K.K. says she ultimately enrolled B.K. in another school due to the discrimination.
K.K. seeks an injunction directing SCS to take all affirmative steps necessary to remedy the effects of the illegal, discriminatory, and tortious conduct alleged and to prevent similar occurrences in the future, compensatory and nominal damages, punitive damages, attorney's fees and cost of suit. K.K. is represented by Chris Edmunds.
U.S. District Court for the Eastern District of Louisiana case number 2:21-cv-01339-GGG-JVM