Feds Target BurlCo Daycare for Alleged ADA Violations

By KYW's David Madden

NEWARK, N.J. (CBS)--The owners of a Burlington County day care facility are in more legal trouble.

The feds are now slapping them with a complaint, contending they were not complying with the Americans with Disabilities Act.

The federal action, filed in Camden District Court, mirrors a lawsuit filed by the State of New Jersey last October against Nobel Learning Communities, based in West Chester. It stems from a child booted from Chesterbrook Academy in Morrestown because the child, who has Down Syndrome, was not property trained to use a toilet.

The U.S. Attorney is seeking monetary damages and an injunction against future discrimination.

Nobel, in a statement, denies it violated the law and sees the federal civil suit as "over reaching and unnecessary".

They point to a 2011 agreement with the Justice Department that, among other things, brought about the hiring of an ADA Compliance Officer by the company.