The ruling, issued October 28 by U.S. District Court Judge Daniel D. Domenico, centers on an incident in January 2025 at Fisher's Peak Elementary in Trinidad. According to the lawsuit, the student, identified in court records as A.H., was experiencing emotional dysregulation in her classroom when Assistant Principal Rebecca Webber entered and grabbed her by the arm. The complaint alleged that Webber yanked the child toward her, dislocating her forearm at the elbow. A.H.'s parents took her to the hospital, and she missed school while recovering.

A.H. was in kindergarten during the 2024-2025 school year and has diagnosed mood disorders that can lead to hyperactivity, aggression, and difficulty regulating emotions. During the fall of 2024, the district suspended her multiple times for physical behavior toward other students. In late 2024, the district developed an individualized education plan for A.H. that included behavioral strategies for adults to address risks of harm to herself or others.

The family sued Webber and Trinidad School District #1, alleging violations of the Americans with Disabilities Act, the child's constitutional right to equal protection under the law, and the Colorado Anti-Discrimination Act, among other claims.

The defendants moved to dismiss the case, arguing that A.H. had not identified any similarly situated students who were treated differently, a key requirement for an equal protection claim. They also contended that the complaint did not plausibly allege that Webber acted because of the child's disability rather than in response to her behavior.

"Even if A.H.'s dysregulation was a manifestation of her disability, this does not plausibly allege Ms. Webber's alleged conduct was by reason of her disability, but rather, a reaction to A.H.'s conduct," the defendants' attorneys wrote.

A.H.'s attorneys countered that Webber's decision to yank the child by the arm was motivated by frustration and animus toward A.H. because of her disabilities and their manifestations. "It is reasonable to infer that Defendant Webber was frustrated with A.H. because of her disabilities and these repeated incidents," they argued.

In his order, Domenico acknowledged that the allegations were "troubling" but concluded they did not rise to the level of federal rights violations. He agreed that A.H. had not identified similarly situated students who were treated differently, weakening her equal protection claim, and that she had not shown how Webber intentionally discriminated against her because of her disability.

"Ms. Webber may have 'yanked' Plaintiff's arm trying in good faith to restrain her. Or, as Plaintiff acknowledges, Ms. Webber may have been angry with Plaintiff not because of her disability but because of her behavior, a 'manifestation' of her disabilities," Domenico wrote. "Plaintiff provides no reason to assume that frustration with a manifestation of a disability qualifies as animus toward the disabled person."

The judge also noted that "one should not yank a small child's arm," but found that A.H. had failed to show Webber acted deliberately.

Domenico dismissed the federal lawsuit but allowed A.H. to refile her Colorado law claims of negligence and discrimination in state court. The case is A.H. v. Trinidad School District #1 et al.

The decision highlights the high legal bar for proving intentional disability discrimination in schools and leaves open the possibility that the family will pursue their claims under state law, where different standards may apply. For families of students with disabilities in rural Colorado, the case underscores the tension between school safety protocols and the rights of students whose disabilities can manifest in challenging behavior.