School accused of expelling child with Down syndrome because she wasn't potty-trained

A company that runs a New Jersey preschool is defending itself against a federal complaint that it violated the Americans with Disabilities Act when it expelled a child with Down syndrome because she wasn't potty-trained.

The lawsuit, made public Wednesday, says Nobel Learning Communities didn't make reasonable modifications for the child who attended Chesterbrook Academy in Moorestown. The suit seeks an injunction and civil penalties against the national chain, as well as compensatory damages for the family.

Nobel says in a statement Thursday that while it's not at liberty to comment on the specific case, it has extensive policies and procedures in place to ensure compliance with the law.

 The New Jersey attorney general's office in October filed a similar lawsuit. Nobel said then its schools are dedicated to its "diverse student population."