Lawsuit alleges AISD knowingly placed student in mold-infested surroundings

AUSTIN - A local family is suing Austin Independent School District, alleging that mold has impaired their kindergartner's ability to obtain a public school education.

Court documents state that the girl's parents enrolled her in pre-K in September 2016 at their neighborhood elementary school owned and operated by AISD. According to the lawsuit, the girl was stricken with serious physical discomfort within days of her enrollment, which resulted in hospitalization.

Subsequent examinations determined that the student suffers from severe allergic reactions to various kinds and levels of mold, the documents state. The suit alleges that AISD knowingly and continuously placed the girl in mold-infested surroundings that have caused damages to her health, both physically and emotionally. It also demands that the district ensure the necessary steps are taken to not place the student in mold-infested surroundings.

Additionally, the suit states that AISD has the responsibility of developing an individualized education program for the girl, which would provide her with a safe educational environment complete with modifications and accommodations geared toward her disabilities, including meaningful access to programs designed to prevent or remedy harassment by other students.

The suit states that AISD made material representations to the plaintiffs regarding the efforts made by the school district in regards to the mold and alleges these materials were either known to be false when made or were recklessly made as a positive assertion without knowledge of its truth.

The plaintiffs are seeking monetary relief of over $1 million, the suit states.

KVUE reached out to AISD and they said they have not received the lawsuit as of Wednesday.

© 2017 KVUE-TV


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