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Disabled student barred from baseball team sues Chino Valley Unified School District - DailyBulletin.com
A disabled student has filed a lawsuit against the Chino Valley Unified School District alleging that he's been barred from Ayala High School's baseball program due to his disabilities.
The student, David Barker, is deaf and has cerebral palsy and controlled seizure disorder. Despite his physical limitations he's played baseball since he was 9, according to court documents.
The boy is seeking a judge's order to force the school to allow him to participate with the baseball team, said his attorney, Jason Ryan Thompson.
"They don't want to let him physically participate with the team at all," Thompson said. "They feel he didn't score high enough in tryouts, and that's that."
School district spokeswoman Julie Gobin said the district cannot comment on pending litigation.
In court documents, the boy's attorney writes that the boy played with Ayala's freshman baseball team, but in December 2010 he was told by coaches that he could not participate on the school's junior varsity team.
The notice came after the boy fell short in team tryouts, Thompson said. The boy and Thompson allege the district's actions violate the Americans With Disabilities Act.
The boy hopes to be able to participate in practices, winter games and summer games, but not in games during the traditional season, Thompson said.
A hearing on the boy's request is scheduled for Feb. 29 at West Valley Superior Court in Rancho Cucamonga, Thompson said.
At the hearing the boy will seek a temporary restraining order to force the district to accommodate him, Thompson said.
If the boy prevails at the hearing, Thompson said he believes the district will be more open to a settlement allowing the boy to participate on the team full-time.
The boy and his family decided to sue to the district because in settlement discussions the district refused to allow the boy to participate with the team, Thompson said.
"Because they didn't offer anything by way of compromise," Thompson said. "They refused to compromise."
Thompson said the district has rejected a settlement offer that carried no requirement that any money exchange hands. They boy isn't seeking damages, attorney's fees or court filing fees, Thompson said.
A disabled student has filed a lawsuit against the Chino Valley Unified School District alleging that he's been barred from Ayala High School's baseball program due to his disabilities.
The student, David Barker, is deaf and has cerebral palsy and controlled seizure disorder. Despite his physical limitations he's played baseball since he was 9, according to court documents.
The boy is seeking a judge's order to force the school to allow him to participate with the baseball team, said his attorney, Jason Ryan Thompson.
"They don't want to let him physically participate with the team at all," Thompson said. "They feel he didn't score high enough in tryouts, and that's that."
School district spokeswoman Julie Gobin said the district cannot comment on pending litigation.
In court documents, the boy's attorney writes that the boy played with Ayala's freshman baseball team, but in December 2010 he was told by coaches that he could not participate on the school's junior varsity team.
The notice came after the boy fell short in team tryouts, Thompson said. The boy and Thompson allege the district's actions violate the Americans With Disabilities Act.
The boy hopes to be able to participate in practices, winter games and summer games, but not in games during the traditional season, Thompson said.
A hearing on the boy's request is scheduled for Feb. 29 at West Valley Superior Court in Rancho Cucamonga, Thompson said.
At the hearing the boy will seek a temporary restraining order to force the district to accommodate him, Thompson said.
If the boy prevails at the hearing, Thompson said he believes the district will be more open to a settlement allowing the boy to participate on the team full-time.
The boy and his family decided to sue to the district because in settlement discussions the district refused to allow the boy to participate with the team, Thompson said.
"Because they didn't offer anything by way of compromise," Thompson said. "They refused to compromise."
Thompson said the district has rejected a settlement offer that carried no requirement that any money exchange hands. They boy isn't seeking damages, attorney's fees or court filing fees, Thompson said.
