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Federal judge rules against former Butler student

PHILADELPHIA — Three federal circuit court judges on Tuesday ruled against a former student who was suing Butler School District over alleged mistreatment following a concussion in 2009.

In the lawsuit, which was originally filed in 2013, Robert Wellman Jr. claimed that the school district did not accommodate him properly after he suffered a concussion while playing flag football in gym class. Wellman was a freshman at the time.

John Wyllie, the principal of the senior high school, was also named as a defendant.

In the complaint Wellman claimed that the school did not provide accommodations, such as extra time to study, as he recovered from his concussion. He was given an extra study hall, but then teachers pulled him out of study hall to take makeup tests, which caused stress and aggravated his symptoms, the complaint said.

The complaint also alleged that Wellman was re-injured at a Butler football game, where he was not dressed to play but was asked to hold a down-and-distance marker on the sidelines.

The lawsuit said he was diagnosed with anxiety disorder and had homebound instruction for several months of the school year.

After the 2009-10 school year Wellman enrolled in St. Joseph’s High School, but his family initiated a complaint through the state Department of Education in 2012, said attorney Tom Breth, who argued the case for the district.

Though the district’s attorneys disputed the claims presented in the complaint, they reached a $10,000 settlement with the family in June 2012 and considered the matter closed, Breth said.

In 2013 the family filed a civil complaint in federal district court. In September of 2015 a judge granted the school district’s motion to dismiss the case.

The complaint claimed that the district had violated Wellman’s rights under the Rehabilitation Act and the Americans with Disabilities Act, and asked for unspecified monetary damages.

However, these laws include provisions for due process through administrative hearings, Breth said.

“For an action against a school district, most of the federal statutes require that the plaintiff first exhaust administrative remedies,” he said.

Wellman’s attorneys argued that these efforts would be “futile,” though the judges ruled in favor of the district.

The decision Tuesday could mark the end of more than four years of litigation for the district’s attorneys, though Wellman could still choose to appeal the decision to the U.S. Supreme Court. The legal fees for the district were covered by its insurance provider, Breth said.

The circuit court decision was also labeled as “precedential,” meaning it could apply to future lawsuits.

Edward Olds, the attorney representing Wellman, did not return a call for comment Tuesday.

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