Manhattan School District 114 families allege pattern of discrimination against students with disabilities

At the beginning of the school year, a federal judge ordered a southwest suburban school district to put a 10-year-old girl with autism back in her neighborhood school.

But months later, her parents said the issues still haven't been fixed, and now other families of students with disabilities in Manhattan are alleging a pattern of discrimination in the district.

Three more Manhattan families have joined a federal lawsuit filed in Chicago, alleging a systemic pattern of disability discrimination in Manhattan School District 114.

Julia Bartczak said her 16-year-old son, Bryce, who has Down syndrome, now has friends for the first time.

"He asked for a birthday party this year, which is something he's never done before, partly because he didn't have friends, and he didn't have the communication," she said.

But she said that's only thanks to a move away from Manhattan School District 114 to another school district.

Bryce was in 5th grade in the Manhattan district when his mother said they started having several issues with his learning accommodations, like not getting regular access to his NovaChat 8 speech-generating device.

"Depriving him of an effective means of communication, and I was repeatedly told that his lack of communication had nothing to do with his behaviors," Bartczak said.

Bartczak said she was eventually forced to homeschool Bryce for a year and a half, because they couldn't come to an arrangement with the district that worked.

It's a similar situation to the Femrite family, who sued to stop the Manhattan School District from sending their 10-year-old daughter E, who was an autism diagnosis, to a therapeutic school without their consent.

"We tried explaining over and over, it's just like how you would handle another autistic child or a child with a disability. You just work with their providers and their parents, and you figure out a plan that works with them," Kelli Femrite said.

A judge stepped in and ordered the school to allow E back in class and make the right accommodations for her, but her family said her specialized learning plan still has not been finalized, and they've been forced to take her out again, even though she's desperate to return to class.

They said that since August, nearly 20 families in the district — like the Bartczaks — have come forward with similar tales.

"I just hope that they will work with families, not fight them. We have enough challenges already, so work with us," Bartczak said.

Three of those families have joined a class-action federal lawsuit demanding change.

"If it takes a lawsuit in order for you to realize that these changes are deserved for our kids, then that's what I'm going to be a part of," Bartczak said.

District 114 did not respond to requests for comment on the amended lawsuit.

In a statement in August, the district emphasized that their staff "works closely with each family to facilitate the process of determining the best educational outcome for each child."