Mother sues school district for not accommodating special needs child

Michelle Massey, East Texas Bureau Oct. 5, 2010, 6:00am

MARSHALL-On behalf of her child who suffers from Down's syndrome and autism, a Harrison County resident has filed a lawsuit accusing the Hallsville school district of failing to provide her child with a free appropriate public education.

Cathi Hoffman, individually and on behalf of her minor daughter, filed a lawsuit against Hallsville Independent School District on Sept. 23 in the Eastern District of Texas, Marshall Division.

Hoffman states her child was not provided an appropriate public education in that the child was not adequately supervised, was not provided with an aide, not assisted with her personal needs, not worked with properly and was unreasonably subjected to a vaginal examination.

The school district is also accused of failing to provide its employees with adequate training and supervision, failing to implement adequate policies and procedures to ensure disabled students received equal protection and due process.

The plaintiff is asking the court to order the defendant to provide a free appropriate public education and for an award of compensatory damages, interest, attorney fee and costs.

Hoffman is represented by Alex A. Castetter of Stuckey, Garrigan & Castetter Law Offices in Nacogdoches.

Jury trial is requested.

U.S. District Judge T. John Ward is assigned to the case.

Case No. 2:10cv00394

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