CEDAR HILL, Texas — The family of a 4-year-old girl who died last year at a Cedar Hill ISD elementary school is suing the school district, accusing the district of causing her death by not following federal policy.
The Individuals with Disabilities Act (IDEA) requires the establishment and enforcement of an Individualized Education Plan (IEP) for a child with a disability, the suit reads. The victim, identified in the suit as C.M.J.A., was diagnosed with Down Syndrome, a recognized disability under IDEA.
Failing to establish and follow an IEP, the suit argues, was the proximate cause of the victim's death in January 2023 at Highlands Elementary School.
"The Cedar Hill Independent School District, entrusted with the sacred duty of nurturing and educating our children, failed C.M.J.A. not out of mere oversight, but through a series of conscious decisions to ignore her specific educational and safety needs," the suit reads.
C.M.J.A. was the only student with special needs at the school, the suit states and reportedly wasn't assigned enough supervision or the needed accommodations.
"[I]ncluding the failure to provide an appropriate procedure for C.M.J.A.'s bathroom needs, leaving her to regularly soil herself without any alternative other than to wait for a family member to come to the school to clean her," the suit states.
The victim's death happened on Jan. 20, 2023, when she began choking on her meal during a lunch break. The suit states that a school employee tried to help and alerted the school's nurse. Emergency medical services were also called to the scene.
"Despite the efforts of the school nurse and EMS personnel, C.M.J.A. exhibited no vital signs of life and subsequently died in the care of school district personnel and EMS responders," the suit states.
The suit details that the girl was often isolated from her classmates and didn't receive the resources tailored to her needs.
Accusations against the district include violating the girl's rights under the Fourteenth Amendment, the Americans with Disabilities Act and IDEA. The suit argues that, had the district provided her with the necessary accommodations like proper mealtime supervision and immediate medical response, her death could have been prevented.
The suit is asking for a jury trial and is asking for the maximum damages available, exceeding more than $1 million.
WFAA reached out to Cedar Hill ISD and received the following statement:
"Although it is the District’s understanding that a lawsuit has been filed against the District, we have not been formally provided a copy. As it is extremely early in the process, at this time the District has no comment on the potential pending litigation."