Preschool Expels Girl With Down Syndrome Over Potty Training, NJ Complaint Says

A New Jersey preschool is under fire after the state says it unlawfully expelled a 3-year-old girl with Down syndrome because she wasn’t toilet trained.

The state has filed a Superior Court complaint against the national preschool chain Nobel Learning Communities Inc., alleging that its Chesterbrook Academy School in Moorestown unlawfully expelled the girl.

The Office of Attorney General, which filed the suit, referred to the girl as “Jane” in the complaint, citing privacy reasons on the basis of her disability.

The school has countered by claiming “Jane” was being disruptive before making the transition from her “Beginner B” program to an intermediate class, according to the state lawsuit.

The state alleges Chesterbrook didn’t provide “Jane” with a reasonable accommodation for the girl’s disability as required under the Law Against Discrimination (LAD), Attorney General Christopher S. Porrino and the Division on Civil Rights said in a news release.

It also says the school expelled her when other, non-disabled intermediate students were allowed to remain despite not being fully toilet trained.

"Due to pending litigation, we are unable to address the details of this specific case; however, our schools are dedicated to serving the needs of a diverse student population, including many with disabilities," Nobel Learning Communities Spokesman Chris McMurry said in an email response to Patch. "We are proud of our comprehensive policies and procedures to ensure compliance with state and federal laws governing the rights of all students."

“Jane” turned 3 in July 2014, and Chesterbook Academy informed her parents that she was being moved up to the intermediate class in January 2015 — despite their request to not move her up, the state said.

Soon after she was advanced, the newly appointed acting principal at Chesterbrook sent her parents an e-mail citing “a corporate policy” that required “Jane” to be toilet trained — because there was no diapering at the intermediate level — and suggested a deadline of April 1, 2015.

The parents responded with a note from a physician at Children’s Hospital in Philadelphia, explaining that “Jane” couldn’t be expected to be toilet trained until she was 5 years old or older because of Down syndrome, according to the state release.

Chesterbrook officials weren’t persuaded by the letter or by a request from her parents to return “Jane” to the “Beginner B” class, where she’d have access to diapering services not available in the intermediate program, the state claims.

The school instead expelled “Jane” on April 1, 2015, according to the release.

During the subsequent investigation, the school claimed “Jane” had exhibited “disruptive behavior,” but the state said the school could only point to two incidents and didn’t make the claim during the expulsion process at all.

Both of the documented incidents occurred after she had been moved and the expulsion deadline drew near, the state said.

The state said its investigation also determined that, outside of Chesterbrook, no educators who encountered “Jane” had a problem with her behavior. To the contrary, reports on her conduct and ability to get along were positive, according to the release.

The state also claims the expulsion left the parents without care for two children. “Jane’s” younger sister was also enrolled at Chesterbrook Academy.

This forced the parents to spend time, money and other resources to find a daycare provider that had two available spots and could accommodate two young children, according to the release.

“Jane” has since begun attending Puddle Jumpers, another daycare facility in Moorestown, according to the state. The director at Puddle Jumpers has said “Jane” shows “no aggression issues” and said she was a “loving” child who fit comfortably into her environment and “gets along well with the other children.”

She is also enrolled in a three-hour daily program at South Valley Elementary School in Moorestown, and the principal told state investigators that there were no reports of “Jane” exhibiting inappropriate or disruptive behavior, according to the release.

The state is asking for compensatory and punitive damages, as well as a court-ordered requirement that Chesterbrook submit to training and monitoring by the division for a period of five years.

“This is not the first time we have made allegations against Chesterbrook,” Porrino said. “The state’s position is that Chesterbrook had a duty under the law to accommodate this three-year-old girl — who had been enrolled there since infancy — and that doing so would not have been significantly burdensome or fundamentally disruptive to its services and programs. The company’s hardline corporate decision has harmed this child and her entire family.”

The state referenced similar claims against Chesterbrook Academies in New Jersey and across the country, going back 10 years.

This includes a 2006 finding of probable cause against a Chesterbrook location in Glassboro, Gloucester County, for refusing to enroll a child with a spina bifida-related disability. A settlement of that case included, among other things, training for Chesterbrook staff on disability discrimination, as well as on the interactive process required to respond to requests for accommodations under the LAD.

In 2009, the U.S. Department of Justice filed a lawsuit against parent company Nobel Learning Centers for excluding children with disabilities — including Down syndrome — from its programs in 15 states, including New Jersey, authorities said.

The parties settled that case in 2011, with Nobel Learning Centers agreeing, among other things, to implement a disability non-discrimination policy, implement a policy to address reasonable modification requests, appoint an Americans with Disabilities Act (ADA) compliance officer and arrange for staff training.

Patch file photo