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Parents sue school district to pay for private education needed due to moldy schools in Torrington, CT and resulting illness for two brothers, resulting in alleged loss of free and appropriate educational opportunity.
From The Register Citizen
Litchfield, CT
www.registercitizen.com
05/04/2007
City sued over school air quality
By TRACY KENNEDY
Register Citizen Staff
LITCHFIELD - Two Torrington students who allege they were prevented from receiving a public education because of poor air quality at district schools are suing the city for loss of free and appropriate educational opportunity.
A lawsuit filed Wednesday by Waterbury attorney Deborah G. Stevenson for Peter and Matthew Avoletta, and their mother, Joanne, is seeking more than $15,000 in compensation for expenses paid for private school education and claims they were discriminated against under the Individuals with Disabilities Act, the Individuals with Disabilities Improvement Act and the Americans with Disabilities Act.
"They had filed a suit for personal injury, but this is for educational issues -- the loss of public education with claims under both federal and state laws," Stevenson said.
The 43-page lawsuit claims Torrington middle and high schools were not properly maintained and created an environment that caused an irreversible lung disease for Peter Avoletta diagnosed between 2003-04 and chronic allergies and caused or exacerbated younger brother Matthew's asthma condition.
The middle school was made unsafe, according to the suit, by bacteria and mold growth from high levels of moisture and poor circulation, and the plaintiffs claim the high school had problems with asbestos, a leaky roof and improper ventilation.
The suit also claims the district failed to provide the family with all of the maintenance and remediation information on the schools. The Avolettas also filed a Freedom of Information suit and reported the school was ordered in March to turn over more documents about the heating, ventilation and air-conditioning system.
The suit names the city of Torrington, the Board of Education, Superintendent of Schools Susan O'Brien, school board Chairman Paul Cavagnero, school medical adviser and the students' treating physician Edward Kavle, M.D., former principal Veronica Leduc, Director of Students Judith Babcock, Dr. Joann Brogis, a former guidance counselor, and Director of Facilities David Bascetta.
O'Brien and Cavagnero could not be reached for comment Thursday.
Peter, now 18 and attending Bentley College in Waltham, Mass., was a student at the middle school from 1999-2002. Matthew did not attend the middle school after a physician advised him not to after visiting the building. He is a student at Chase Collegiate School in Waterbury. Peter also attended Chase Collegiate and graduated last year.
The plaintiffs claim the district should reimburse the family for their education received at Chase Collegiate.
Several families have complained in recent years of illnesses they said were caused by Torrington Middle School's poor roof structure that led to moisture build-up. The city has since replaced the roof at the middle school and there have been no complaints of mold, the current principal said.
"Not a one," Principal Matthew Hartnett said.
He said he was aware of the lawsuit but knew of no current complaints.
Tracy Kennedy can be reached by e-mail at
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