WILLIAMSPORT - A settlement has been reached in the federal lawsuit brought by the mother of a disabled child against education officials and the bus company, sealed by court order.
The suit, filed for "Mason M.," a 7-year-old child with disabilities, including mental retardation, and his mother, identified in court documents only as "Stephanie," was filed back in October 2010 against the Mount Carmel Area School District and the Central Susquehanna Intermediate Unit with allegations of abuse to the student by a bus driver, employed by Marvin E. Klinger Inc., of Dornsife RR 1, the district's transportation provider.
The settlement was reached and approved by order of U.S. District Court Judge John E. Jones III on Nov. 8.
Jones then granted a plaintiff's motion to file the settlement documents under seal, limiting access except as permitted by court order.
The News-Item filed a Right-to-Know request with Mount Carmel Area School District for any and all documents related to the lawsuit on Nov. 11.
On Nov. 17, the district exercised its right to a 30-day extension to release the documents, due to the case currently being under review.
On Tuesday, the district replied to The News-Item, denying the request.
District solicitor Edward C. Greco wrote that after reviewing the request and legal research, Mount Carmel Area cannot release the agreement since it has been determined to be confidential by the court.
"Because the document is filed under seal and by definition, it cannot not made available for inspection by any person except as permitted by Order of the Court," Greco wrote. "Therefore, it is determined confidential by the court and exempt from disclosure by order of decree."
Court documents filed in U.S. Middle District Court in Williamsport alleged the abuse occurred during the 2008-2009 school year. During the first half of the school year, according to the family's filing, Mason's bus driver would verbally abuse him, and at times would intentionally arrive early at the child's pick-up location, only to leave before he could board the bus.
During this period, Stephanie noticed her son's behavioral issues worsened. She asked permission to ride on the bus to observe Mason's behavior, but Mount Carmel Area denied her request, according to her lawsuit.
After learning of the verbal abuse, the mother reported the driver to the district on several occasions, with no action taken, she claims.
In December 2008, the mother of another child on Mason's bus witnessed the driver roughly thrust two fingers on Mason's head, push him into his seat, smack his legs, and roughly turn him around in his seat when Mason was kicking it, the suit alleges.
The second mother informed the district and the CSIU the day of the incident, but when no action was taken, she went to Stephanie on Feb. 12, 2009.
"Although the defendants all knew or should have known about the assault on Mason on or very near the day it occurred, not only did they fail to alert the parent, but they also failed to take any steps to rectify the situation," the affidavit reads.
Stephanie went to the district and asked for a new bus driver, but the district and Klinger refused, forcing her to provide Mason's transportation for four months, until the end of the school year, she claims in her lawsuit.
The family alleges the incidents have hindered Mason's education, interfered with his ability to communicate with others and to meaningfully participate with his peers, which kept him away from appropriate services and "excluded him from the mainstream of his school, his community, his family and to equal access to educational benefits."
The bus company was added to the suit in December 2010. All three parties agreed to settle the case in April, but attorneys for the bus company told the court that Mount Carmel Area was holding up the settlement, by trying to put the blame on the bus company. After a teleconference in July, all three parties agreed to settle the case with the family.