Her parents, Jim and Maureen Surin, filed a lawsuit in federal court against Schaumburg School District 54 and the State of IL to allow Ashley to use cannabis in school to treat her seizures.
IL passed a medical marijuana law in 2014, but the statute prohibits the consumption or possession of cannabis on public school property.
Friday marked a victory in a suburban couple's battle to allow their 11-year-old daughter to take medical marijuana at school. He declined to comment on whether he'd like to see IL change its law to accommodate the use of medical marijuana for students. Since getting her state medical marijuana card the first week of December, Ashley has been wearing a patch on her foot and rubbing marijuana oil on her wrist.
After Friday's hearing, the girl's parents said they were relieved and excited by the outcome.
"We do also share the same concerns and care about (A.S.) and her family in this situation", Schaumburg School District superintendent Andrew DuRoss told USA Today.
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A lawyer for the school district said Schaumburg District #54 owes a debt of gratitude to Ashley's family for bringing the issue to light. The parents are now suing the school district and the state, saying those laws are unconstitutional and violate the Individuals With Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA). Her parents spent several years using "traditional" medications to deal with her seizure disorder but nothing worked, according to a federal lawsuit.
The family asked the school district to store the medical marijuana on school grounds at Hanover Highlands Elementary in case it was necessary during the school day.
The lawsuit points out the patch is occasionally ineffective in controlling her seizures. "We have to fight for her right to go to school, her right to have medicine there, just like the next kid has insulin and an Epipen and Tylenol".
Officials of nursing organizations generally did not want nurses to administer the drug at schools, as they do with other medications, because they were anxious about the federal law prohibiting marijuana possession, said the sponsor of the law, Colorado state Rep. Jonathan Springer, a Democrat.