The Daily Item
WILLIAMSPORT — The mother of a student with a potential fatal allergy to peanuts has voluntarily removed two Midd-West School District administrators from the federal lawsuit she filed after she lost her job with the district in June 2010.
Kathleen Pennington had contended she lost her job in June 2010 because of her complaints about the way elementary school personnel treated her son related to his peanut allergy.
The district maintained Pennington’s job as a technology integration coach was one of 14 eliminated at that time due to budget considerations. Her one-year position expired and was not renewed, the district claimed.
The district, Superintendent Wesley L. Knapp and Assistant Superintendent Daphne D. Snook had asked the court to dismiss the complaint claiming in a document filed in U.S. Middle District Court there is no individual liability for damages under the Americans with Disabilities Act and the Rehabilitation Act.
Only the school district remains in the case following Monday’s voluntary dismissal by Pennington of Knapp and Snook.
An original complaint listed Pennington, her husband and son as plaintiffs and identified them only by initials. Her husband has since died.
Only Pennington is the plaintiff in the amended complaint that also contains allegations the district failed to take the necessary precautions to prevent the boy from coming in contact with peanuts.
He formerly attended the Perry-West Perry Elementary School but was withdrawn out of concern he would come in contact with peanuts.