In a compelling legal battle, a mother has taken on a school board over allegations of discrimination against her son, who has disabilities. Shirah Herbert filed a complaint in the United States District Court for the Eastern District of Louisiana on April 17, 2025, against the St. James Parish School Board. The case centers around claims that the school board unlawfully excluded her son, D.H., from educational services after determining his eligibility for special education.
The lawsuit alleges multiple violations of federal laws designed to protect students with disabilities, including the Individuals with Disabilities Education Improvement Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act (ADA). According to Herbert, D.H. was found eligible for special education services on October 22, 2024. However, just days later, he was disenrolled from school without an Individualized Education Program (IEP) meeting being convened or services being provided as required by law. This disenrollment occurred on November 1, 2024, effective November 4, leaving D.H. without access to a Free Appropriate Public Education (FAPE).
Herbert's complaint also challenges decisions made by Administrative Law Judge Adora Chukudebelu on February 3, 2025. These decisions included orders regarding D.H.'s residency and denied consolidation of related cases under IDEA dockets. Herbert argues that these rulings prematurely terminated proceedings and denied her a fair hearing under IDEA regulations.
Central to Herbert's case is the assertion that procedural safeguards were violated when D.H. was disenrolled based on residency issues that had not previously been raised during his enrollment or evaluation process. She contends that this sudden shift was motivated by discriminatory intent following D.H.'s disability determination and constituted a denial of rights under IDEA and other disability protection laws.
Herbert seeks comprehensive relief from the court, including declaratory and injunctive relief to prevent further exclusionary practices by the school board. She is also seeking compensatory education for D.H., attorney’s fees, and costs associated with bringing this action forward.
Representing Herbert is Attorney Kimona Hogan, while Judge Adora Chukudebelu presided over initial administrative proceedings related to this case. The case identification number is Case No: 2:25-cv-00758.