In a case that could have far-reaching implications, parents of an elementary school student who has leukemia are suing a Schaumburg-based school district and the state of Illinois for the right for her to take medical marijuana at school.
Plaintiffs identified only as J.S. and M.S., parents of A.S., filed suit Wednesday claiming that the state’s ban on taking the drug at school is unconstitutional because it denies the right to due process and violates the Individuals With Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA).
The student, who is 11 years old, was treated for her leukemia with chemotherapy, which resulted in the child now suffering from seizure disorders and epilepsy, according to the suit.
The girl received treatments and a “substantial” amount of traditional medications to treat her seizures, but they were not successful, and the child’s treating physicians have certified her as being qualified to receive medical marijuana to treat her epilepsy, the suit stated.