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Nobel Learning Communities, ADA Discrimination, Washington DC 2009
A nationwide network of private schools, Nobel Learning Communities, Inc. (NLC), has been fined $215,000 for allegedly discriminating against children with disabilities. The Justice Department alleged that NLC violated Title III of the Americans with Disabilities Act (ADA) by excluding children with disabilities, including autism spectrum disorder, Down Syndrome, Attention Deficit Hyperactivity Disorder, and global developmental delays, from its programs.
The lawsuit was filed in April 2009 in the Eastern District of Pennsylvania, where NLC operates under various names, including Chesterbrook Academy, Merryhill School, and Evergreen Academy. The company denies the allegations, but has agreed to settle the lawsuit by paying $215,000 to the affected children.
NLC will implement a formal policy to ensure non-discriminatory operations, publicize the policy to its staff and students, and designate an ADA Compliance Officer to handle requests for reasonable modifications. The company will also avoid unnecessary inquiries into the existence of a disability and impose eligibility criteria that screen out students with disabilities.
According to Assistant Attorney General Thomas E. Perez, ‘It is illegal under the ADA to discriminate against children with disabilities. Just like public schools, private schools must make reasonable modifications of policies to permit children with disabilities to participate fully in the programs they offer.’
U.S. Attorney for the Eastern District of Pennsylvania, Zane David Memeger, added that ‘no child should be discriminated against on the basis of disability. All children should have an equal opportunity to attend any school for which they qualify, and schools must make reasonable modifications to policies, practices or procedures in accordance with the law.’
NLC operates over 180 preschools, elementary schools, and secondary schools across the country, including in the District of Columbia and 15 states. The settlement is a significant reminder of the importance of ensuring equal access to education for children with disabilities.
Key Facts
- State: District of Columbia
- Category: Public Corruption|White Collar Crime
- Source: DOJ Press Release â†â€â€
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