JOSHUA TIME 467

Posted on Thu, May. 25, 2006
Suit against EKU school is dismissedBy Steve LannenHERALD-LEADER STAFF WRITER
A federal judge has dismissed a lawsuit against Eastern Kentucky University's Model Laboratory Middle School.

In 2003, a former student and his parents sued the school, claiming that his civil rights and rights under the Americans With Disabilities Act were violated when administrators at the school failed to protect the student, then 14, who has multiple disabilities, from harassment, physical abuse and discrimination.

In a decision issued Friday, U.S. District Judge Joseph M. Hood ruled that no jury could find that Model's administrators acted in bad faith or inappropriately in investigating or responding to a slew of incidents involving the student from August 2000 through 2002.

Hood dismissed the plaintiff's claims and granted a motion, filed by attorneys representing EKU, for summary judgment.

The middle school is on EKU's campus.

EKU attorney Douglas McSwain said the ruling reaffirmed that Model's administrators acted appropriately.

Earlier, defense attorneys sought to close to the public a trial scheduled for June, citing the need to protect confidential information.
"It is the school's intent to maintain the confidentiality of the students involved," McSwain said.

An attorney for the boy's parents said today that she recommended the family appeal Hood's ruling, and the family is considering it.
"We think the evidence in the case is such that there should be a trial on the merits of the case," attorney Katie Yunker said.