By Cadie Carroll
As a freshman at Butler Area High School in Butler, Pennsylvania, Robert Wellman suffered a concussion while participating in a game of flag football during his physical education class.
Shortly after, as school staff allegedly failed to comply with both he and his mother’s requested accommodations, Wellman suffered additional head injuries during both a football practice and a game.
Wellman is now claiming in a federal lawsuit that the Butler Area School District failed to accommodate the disabilities he incurred as a result of his multiple head injuries, and also that the school district failed to protect him from further injuries.
He alleges that the school district failed to follow both state and federal disability laws and is seeking both compensatory and punitive damages.
Case Review
On August 31, 2009, Robert Wellman was hit in the head by another student while the two were playing in a game of flag football in P.E. class. According to the complaint, the injury resulted in Wellman chipping his tooth, having pain in his jaw, and even spitting blood.
Although the injury was quite serious, Wellman did not see the school nurse. The complaint explains that he proceeded on with his day and even attended football practice later that afternoon, where he suffered additional head injuries. Wellman claims he demonstrated symptoms such as dizziness and nausea by the end of practice.
The next day Wellman saw his dentist to get his chipped tooth and jaw examined. Wellman’s dentist suggested that he see his primary care physician, which he did that same day. His physician referred him for a CT scan, which revealed that Wellman had indeed suffered a concussion.
According to the compliant, “Wellman was experiencing pain, starring, trouble sleeping and trouble concentrating. The symptoms were persistent, and there was no indication of when the symptoms would reside.”
On September 2, Rebecca Wellman, Robert’s mother, called the school to inform them of her son’s injuries and that he would be returning to classes shortly, but that he would need special accommodations until he returned to full health.
She requested he be removed from his German and P.E. class and be placed in extra study halls so he would have more time to complete his work and rest. According to the complaint, she also requested his teachers be made aware of his situation so they would not ask Wellman to participate in any “unsuitable activity or any activity which might aggravate his symptoms or conditions.”
On September 14, Wellman went to the Children’s Hospital due to his persistent symptoms and underwent an EEG test. Dr. Ira Bergman proceeded to write a letter to the school’s principal, Dr. John Wyllie, asking that Wellman receive academic accommodations. The complaint states that “his letter was ignored, and Wellman was not given any accommodations.”
On September 30, 2009, Wellman attended his school’s football game with the expectations of being able to sit on the sideline with his team to cheer them on and offer his support. Ms. Wellman had called the football coach ahead of time, informing him that Wellman was still suffering symptoms of his concussion and explained that he had not been cleared to participate in the game and that he simply wanted to support his teammates.
The complaint states that “his coach ignored Ms. Wellman’s warnings and told Wellman to act as a linesman and hold one of the flags on the side of the field. Wellman was notand was reinjured during that game when a player, in full pads and uniform, ran into him, knocking him over during a play.”
Wellman underwent another CT scan the following day after claiming he was experiencing symptoms such as headaches, sharp pains, trouble focusing, weakness and feelings of exhaustion. He was subsequently diagnosed with post-concussive syndrome.
During his treatment and recovery, Wellman missed considerable amounts of school due to doctor’s appointments and severe symptoms. In the report, Wellman alleges “his teachers continued to ignore his doctor’s request for accommodations” and that they were “giving [him] more work than he could handle and were not letting him rest.”
After seeing that her son was not receiving appropriate accommodations, Ms. Wellman requested her son be put on homebound instruction until his symptoms improved. The complaint alleges that one of Wellman’s homebound instructors, responsible for teaching English, history and science, was far beyond unsatisfactory in her teaching and for that reason Wellman was falling behind in the curriculum.
On March 1, Wellman attempted to return to school, but his anxiety levels were very high and his teachers were allegedly still not giving him the necessary accommodations. Wellman remained on homebound schooling until the following school year.
Upon returning to school on August 26, 2010, the complaint notes that Wellman was still suffering severe anxiety attacks, so he and his mother once again attempted to make arrangements with the school. They requested that, since Wellman did not know anyone in his lunch period, the school change his lunch period so that he may sit with a friend, hopefully helping to alleviate some of his anxiety about returning to school.
The school allegedly could not make that accommodation.
By September 2, Wellman was unable to go back to school due to his sever panic attacks and anxiety over not being accommodated by his teachers. He shortly after began therapy to help him deal with his anxiety and stress.
On October 21, the complaint states that a meeting was held between Ms. Wellman, Wellman’s therapists, and school district officials including Dr. Wyllie and Wellman’s school guidance counselor. A 504 plan was drafted to help accommodate Wellman’s return to school, but according to the report that plan was not followed.
On December 20, a second meeting was held to make modifications to the 504 plan. According to the complaint, “this meeting did not go so well. The school district officials were not interested in assisting Wellman. Instead, they spoke to him in a demeaning way, reinforcing his belief that he would not receive the help he needed.”
Wellman claims he did not feel supported by any of the administrators, which further increased his anxiety about returning to school. Not being able to return to school, he enrolled in Cyber School to finish out that year, and the following year enrolled in St. Joseph’s High School where the report states the administration there worked greatly with Wellman to gain his trust and help him feel more comfortable returning to school.
Wellman is claiming in his suit that the school district violated Section 504 of the Rehabilitation Act, Title II of the ADA, and that, along with Dr. John Wyllie, the district also violated the Civil Rights Act of 1871.
Wellman claims he suffered damages due to the school’s failure to provide accommodations and that he was excluded from school for two years, during which he received “highly inadequate” homebound instruction, causing him to fall behind. He also claims he suffered emotional distress and severe anxiety as a result of the school’s conduct.
Wellman has requested a trial by jury in this case. He is asking for all remedies at law, including compensatory and punitive damages, attorney fees and costs.
