Cape student drops lawsuit after district provides virtual needs

LEWES — A Cape Henlopen High School student has dropped a federal lawsuit after the school district accommodated her remote-learning needs, the student’s attorney said today.

The Cape Henlopen School District provided the student — identified only by her initials in the lawsuit — with additional access to Zoom, and her attorney, David Finger, said, “As she now has what she sought, the case became moot, and we dismissed it voluntarily.”

In announcing the lawsuit Aug. 31, Mr. Finger said the student had access to just one day of live, teacher-led instruction due to attending school through remote access only, while in-person students had two days. Health concerns of her mother require the student to not attend school in person, he added.

According to Mr. Finger today, the family wished “the school had done this without the need for litigation first.”

Also, he said, “I hope the school will provide the same opportunities to all of its students.”

Earlier today, the Cape Henlopen School District released a statement that read: “The District is satisfied with the outcome of this suit. We are proud of our teachers and staff for their efforts to deliver remote and in-person instruction to our students! They are truly making every attempt to reach all learners both academically and social-emotionally in this new environment.

“At the same time, as a district, we are always looking for ways to improve as we navigate through our various instructional models and our reopening plan.”


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