Cape High student case gets dismissed

A federal judge has dismissed a lawsuit brought by a Cape Henlopen High School student against the Cape Henlopen School District over its hybrid learning program. 

In a statement, district officials said, “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.”

David Finger, attorney for the student, said, “The school started giving Zoom access to the additional class days to my client, and so the parties dismissed the case. I hope the school will continue this practice with all classes for all students.”

In the lawsuit, filed in early September in U.S. District Court of Delaware, Finger argued that the student, who is learning remotely because a family member has health issues that could be exacerbated if they were to contract COVID-19, was only afforded one day of teacher instruction per week as opposed to hybrid learners who physically attend school, who get two days of teacher instruction. 

The district asked for the case to be dismissed, denying the claims brought forth in the suit, saying that remote students were offered additional opportunities to meet with teachers. Finger sought to expedite the case, with a trial in late November or early December, until the two sides reached an agreement to dismiss the case with both sides paying their own attorneys’ fees.