The parents of a Schaumburg, Illinois elementary school’s student are suing the district and the state after officials denied their 11-year-old daughter the right to use medical cannabis on school grounds, the Chicago Tribune reports. The plaintiffs argue that the denial is unconstitutional and violates due-process, the Individuals with Disabilities Education Act, and the Americans with Disabilities Act.
The student was treated for leukemia with chemotherapy, which led to the girl developing epilepsy and a seizure disorder, the suit says. According to the report, the suit could set a legal precedent as a landmark case.
District 54 Superintendent Andy DuRoss told the parents that state law prevents school officials from allowing cannabis products on school grounds, even for medical purposes. The student wears a low-THC patch on her foot to help control her seizures. When the patch is unable to control the seizures, she uses low-THC drops on her tongue or wrists to help control her condition.
“We cannot legally grant the request. We’re going to abide by the law and do our best to support our students within the confines of the law.” – DuRoss to the Tribune
The suit seeks a preliminary injunction to allow a school employee to help the student store and consume her medication on school property, on school buses, and at school-related events.