State officials are suing a preschool that they say unlawfully expelled a 3-year-old girl with Down syndrome last year because she wasn't potty-trained.
The lawsuit filed claims Chesterbrook Academy in Moorestown was discriminatory because it expelled the child but not others who were not fully toilet trained. It alleges school administrators elevated the girl to an intermediate class -- even though she wasn't potty-trained -- without providing the proper accommodations for her disability.
The suit also claims the school permitted other non-disabled intermediate students who required toilet assistance to remain in the program.
Chesterbrook is part of Nobel Learning Communities, a national preschool chain. Nobel issued a statement Wednesday saying it couldn't comment on specifics in this case but said their schools are dedicated to serving a "diverse student population."