Student suing Cape Henlopen School District over virtual learning dispute

LEWES, Del. – A Cape Henlopen High School senior is suing her school district because she claims she’s getting left behind in the virtual learning process. In the complaint, the student’s attorney says her mother has health issues. So the student opted to do completely virtual instruction. “In my clients case, her mother is quite ill and she’s afraid of risk of exposure. So if her daughter goes to school, has contact with coronavirus, and brings it home, it’s a greater threat. I’m sure there are others not going into class because they don’t want to risk any exposure for themselves, or for any other reason,” said attorney David Finger.

Finger says virtual learning students only get one day of teacher instruction per week. Meanwhile, students doing a hybrid learning model are getting two days of instruction per week. “It’ll be impossible for a student with only one day of instruction to keep pace with the curriculum with the other students who have two days. They’ll fall behind. They’ll be less capable academically,” said Finger.

Finger says that he and his client haven’t gotten enough answers from the school district on why this is happening. “If we were not in the middle of the coronavirus pandemic teachers would be there five days a week teaching. So I’m not sure why those teachers are not available one more day instead of two days,” said Finger.

In the lawsuit the student is asking for the court to require the school district to offer the same about of teacher instruction for all students.  47ABC reached out to Cape Henlopen School District for comment. They said they would not comment on pending litigation.