Parents Of Disabled Watchung Hills Student Considering Lawsuit Over Evacuation Procedures

WARREN, NJ — The parents of a disabled Watchung Hills Regional High School student who they say was abandoned by staff during an evacuation is not happy with the settlement made between the district's Board of Education and the U.S. Department of Justice and is considering legal action against the school district.

The settlement agreement "significantly understated" how serious the incident was, according to statement released by the parents' lawyer, Laura A. Siclari of McCusker Anselmi, Rosen & Carvelli.

However, the district disputes the family's account of the incident, saying it was a drill, not an actual fire.

On Monday, the WHRHSD BOE agreed to settle claims that it violated the Americans with Disabilities Act when it failed to evacuate the student who had a mobility disability during a school-wide evacuation. The settlement also said the district didn't have any policies for such students, according to the U.S. Attorney.

The parents of the disabled student say they are relieved that the district is being held accountable for their "egregious conduct towards disabled students" but also claims the information released with the settlement "omitted or misstated entirely" what they say actually happened on Oct. 7, 2014.

The U.S. Attorney's release called the incident an "unplanned emergency evacuation." The district claimed in a statement the incident was an "unplanned fire drill."

The parents say the incident was a "fire."

Patch has reached out to local fire officials for confirmation about the incident.

“This was a far more serious event than the document leads the reader to believe. The evacuation incident at issue on Oct. 7, 2014 was not simply an 'unplanned fire alarm,' it was an actual fire at the school," according to the legal statement from the parents.

Additionally there is disagreement on whether an administrator stayed with the student during the incident.

"First, it is important to note that the incident in question, which involved an unplanned fire drill at the high school, occurred almost three years ago. The pupil in question was never in danger and was accompanied by a school administrator at all times during the evacuation. The health and safety of all pupils is paramount and the District would never do anything to put any student in harm’s way," Robert Morrison, WHRHSD BOE President stated in a release.

But the parents contend a school administrator did not wait with their child until the "all clear" signal was given, and eventually left them alone. "This conduct was inexcusable and the fact that the school has subsequently sought to rewrite history makes its actions that much more distasteful," the parents statement continued.

The school district said that the settlement “shall not be considered an admission of wrongdoing or liability by the School District but is entered into to resolve a disputed claim."

"Therefore, we take strong exception to any allegation that the District discriminated against any pupil based upon a disability," according to Morrison.

Morrison noted that the district fully cooperated with the U.S. Department of Justice investigation. He also noted that after the October 2014 incident and before the complaint was filed, the district already took steps to ensure that its students with mobility disabilities were able to fully participate in its evacuations – whether actual emergencies or drills.

"In other words, the complaint and/or the settlement was not the impetus for the District taking appropriate action in this matter. We recognized that there was room for improvement and our administrators responded in a timely and responsible manner," Morrison said.

"We are greatly disappointed in the way this matter has been publicly portrayed to infer that the school district and administration did anything improper. The Board of Education fully supports the proactive actions of the administration to address this issue," Morrison continued. "We are confident that the measures we have taken in this matter fully protect the rights of all students which is always our primary and overriding concern."

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