BENTON - O’Fallon Township High parents Robyn Pfershy and Matthew Pfershy seek an order compelling the school to answer information requests for their suit alleging discrimination against their daughter.
Robyn and Matthew sued the school in 2023, claiming it failed to accommodate injuries that daughter O.P. suffered from premature birth.
Their counsel Michelle Faron wrote on March 4 that, “Defendant’s answers to plaintiffs’ discovery requests contained improper objections and incomplete answers.
According to Faron the school provided no answer or incomplete answers to three interrogatories and 28 production requests.
Many of Faron’s requests concerned physical education teacher Kate Walsh and algebra teacher Colleen Becker.
Faron claimed the law does not provide a right to privacy regarding all employee information.
She also requested records of payments to third parties for expenses relating to discrimination, harassment, misconduct or abuse of students with disabilities since 2014.
She claimed payments and settlements go directly to whether the reasons employees claimed for actions and inactions toward O.P. were pretext.
Faron alleged in the complaint that O.P. as a newborn spent months in intensive care with lengthy intubation and mechanical ventilation.
She claimed O.P. suffers from chronic lung scarring which makes extreme exertion impossible or very uncomfortable.
She claimed O.P. has been diagnosed with thyroid disease, anxiety, and hearing loss.
She claimed O.P. used a “DM” amplifier in classes since third grade.
The DM requires a teacher to wear a microphone on the neck.
Faron claimed Robyn and Matthew met personnel in March 2022 to plan for ninth grade.
She claimed the plan included goals for O.P. to identify factors that affect successful performance and gain information about careers, education and independent living.
She claimed the plan provided special instruction, audiology, social work, DM and a seat near the teacher with her right ear toward the teacher.
She claimed that O.P.’s ninth grade year started in August without DM.
She claimed she received it seven days later.
She claimed O.P. and her sister who also has lung damage informed teacher Walsh regarding difficulty running in heat.
She claimed O. P. and her sister walked or jogged instead of running on hot days and Walsh gave them grades of zero.
She claimed Walsh on many instances denied O.P. the ability to fill her water bottle.
She claimed Robyn and Matthew contacted the school and the school told them O.P. needed to advocate for herself.
She claimed teacher Becker slammed down books and yelled at students.
She claimed the school didn’t train Becker on using DM.
She claimed Becker disliked DM, said she didn’t want to see it, and asked O. P, “Do I not speak loud enough for you?”
She claimed Becker quit wearing the microphone in February 2023 and placed it on a cart in front of the room during the lecture.
She claimed Robyn and Matthew asked administrators to require Becker to wear the microphone and they denied it.
She claimed school representatives said that O.P. would have to deal with people she doesn’t like throughout life and that this experience would help her prepare for college.
Faron’s motion to compel responses stated there are likely emails, text messages, or notes of conversations between administration and staff about O.P.
She claimed if the school couldn’t accommodate O. P. the reasons are highly relevant.
“Whether or not those reasons are discriminatory will be up to a jury to decide," she wrote.
She practices at Kennedy Hunt in St. Louis where partners Thomas Kennedy and Sarah Hunt also represent Robyn and Matthew.
James Godfrey and Kerry Banahan of Evans and Dixon in St. Louis represent the school.