A watchdog group for people with disabilities filed a lawsuit against the V.I. Department of Education Wednesday.
V.I. Advocacy Inc. filed a class action suit in U.S. District Court for the DOE’s "failure … to provide accessible transportation for students with disabilities." There are reportedly some 200 special education students on St. Croix.
The suit was filed as the Senate Committee on Education met in Frederiksted to determine, among other issues, why the DOE stopped using Abramson Enterprises to transport special education students to school at the beginning of November.
"Federal law requires that no individual with a disability shall be discriminated against by the government solely on the basis of their disability," said Amelia Headley LaMont, executive director of V.I. Advocacy. "Students with the legal right to receive transportation services have been deprived of such services since October 1999."
V.I. Advocacy may not be the only entity suing the government over the special-education busing issue. Ralph Mandrew, president of the V.I. Workers Union, told senators Wednesday that he is considering suing the government for unfair labor practices.
After the DOE stopped using Abramson Enterprises to bus special education students it turned to the government-operated bus system Vitran. When Vitran attempted to carry students to school early this month a union mechanic was placed on a bus to operate a wheelchair lift.
Because the government didn’t consult with the union on the move, Mandrew, who represents Vitran employees, said it violated the union’s collective-bargaining agreement. The lawyer, who also represents the 12 special-education bus drivers who work for Abramson Enterprises, also claims that Vitran’s buses don’t meet Americans with Disabilities Act requirements, such as trained bus drivers and aides.
The hearing on V.I. Advocacy’s suit is scheduled for Jan. 21 in District Court on St. Croix. The lead counsel on behalf of parents and students is Archie Jennings.
Editor’s note: See related story Education, Bus Company to Mediate Not Litigate.
