A deaf eighth grade student at Whiteside Middle School claims he was discriminated against by a teacher who refused to adhere to requirements in the plaintiff’s Individualized Education Program and then retaliated against him when he could not hear the lesson.
Craig Pierce and Nicole Pierce, as parents and guardians of minor Brayden Pierce, filed the lawsuit on June 3 in the U.S. District Court for the Southern District of Illinois against Whiteside School District 115 Board of Education. The complaint was filed through attorney Mark Schuver of Mathis Marifian & Richter Ltd. in Belleville.
According to the complaint, Brayden Pierce “has been profoundly deaf in both ears since birth,” which negatively impacts his ability to participate in a general education setting. Pierce has bilateral cochlear implants to help him hear. Pierce’s Individualized Education Program (IEP) required his teachers to implement education services, modifications and support to ensure Pierce receives a “Free Appropriate Public Education” in the “Least Restrictive Environment.” Specifically, Pierce’s IEP for the eighth grade during the 2020-2021 school year at Whiteside Middle School mandated that his teachers provide him with notes prior to each class.
Pierce’s parents claim his teachers continually failed to provide class notes. When they addressed the issue, they claim Pierce’s teachers agreed to start providing the notes. The plaintiffs allege Pierce continued to not receive notes prior to class.
Pierce’s IEP also mandated that his teachers use a digital modulation (DM) system during all periods of in-person instruction. The DM system worked by teachers wearing a microphone and transmitter that sends the teacher’s voice to receivers attached to Pierce’s cochlear implants.
The suit states that Pierce gave a PowerPoint presentation on March 8, 2021, explaining his educational needs, including a description of the DM system and his need for notes prior to class.
“Based on their reaction to the March 8, 2021, PowerPoint presentation, it was clear that many of plaintiff’s teachers did not understand how to use the DM system or why it was necessary to address plaintiff’s ability to learn,” the suit states.
“Based on their reaction to the March 8, 2021, PowerPoint presentation, it was clear that defendant had failed to properly instruct all of plaintiff’s teachers in the use of the DM system,” it continued.
Pierce alleges his teachers continued to fail to use the DM system after his presentation, including an April 8, 2021, class where teacher “Mr. Gray” was speaking quietly. Pierce allegedly attempted to give Gray the DM system to use so he could hear, but the teacher allegedly refused. The suit states that Gray instead got close to his ear and began yelling at him.
Several other students allegedly spoke up in support of Pierce and pointed out that Pierce is deaf. Gray allegedly said, “I don’t care that you’re deaf” and refused to use the DM system.
Gray allegedly instructed Pierce to finish his homework. Pierce responded that his homework was already complete. He was then told to read a book. When Pierce allegedly opened his Chromebook to find a book to read, Gray allegedly accused him of playing a game on his Chromebook.
The suit states that Gray became angry and yelled into the DM system, “Go to the ALC.”
Pierce claims he went to the Alternative Learning Classroom, or ALC, and was told by supervisor “Mr. Little” that he was sent to the room for failing to pay attention in class.
“Shortly thereafter, another student came into the ALC and similarly informed Mr. Little about what had happened between plaintiff and Mr. Gray,” the suit states. “Despite both plaintiff and another student having informed Mr. Little of what had happened, Mr. Little did not release plaintiff from the ALC and did not take any corrective action to address Mr. Gray’s refusal to use the DM system mandated by plaintiff’s IEP.”
Pierce claims two students from his class informed principal Monica Laurent about what had happened in the class. Pierce’s mother, Nicole Pierce, contacted his deaf and hard of hearing teacher, Jennifer Engdale, to discuss what had happened and was told the incident was a “learning experience” for Pierce.
Engdale allegedly told Pierce that Gray’s conduct was “going to happen throughout your whole life.”
“Despite plaintiff, his mother, and his fellow students all having voiced their concerns to defendant’s school faculty and administrators, Mr. Gray was not fired, but was instead allowed back to the school the following day,” the suit states.
The plaintiffs allege the school district failed to properly and adequately inform or train its personnel in Pierce’s IEP requirements, failed to provide Pierce with class notes, failed to instruct personnel in the use of the DM system and intentionally refused to use the DM system.
They also claim the school district intentionally retaliated against Pierce, humiliated and belittled Pierce based on his disability, falsely accused Pierce based on his disability, disciplined him due to his disability and failed to take appropriate action to remedy the disability discrimination and retaliation against Pierce.
Pierce alleges the defendants further discriminated against him by ratifying and affirming Gray’s conduct by calling it a “learning experience” that is “going to happen throughout your whole life.”
As a result, Pierce claims he has suffered exclusion from participation and has been denied the benefits of the services, programs, or activities of a public entity. He was also allegedly deprived of access to education benefits and suffered humiliation, embarrassment, degradation, mental anguish and emotional and physical distress.
The plaintiffs seek unspecified compensatory damages, pre-judgment interest, attorney’s fees and costs and all other relief the court deems just.
U.S. District Court for the Southern District of Illinois case number 3:22-cv-1153