MOORESTOWN — The New Jersey attorney general's office is suing a preschool it says unlawfully expelled a 3-year-old girl with Down syndrome last year because she wasn't potty-trained.

The lawsuit alleges Chesterbrook Academy in Moorestown unfairly discriminated when it expelled the child but not others who were not fully toilet trained. It alleges school administrators elevated the girl to an intermediate class — even though she wasn't potty-trained — without providing the proper accommodations for her.

The suit says the school permitted other non-disabled intermediate students who required toilet assistance to remain in the program.

Chesterbrook is part of Nobel Learning Communities, a national preschool chain. Nobel issued a statement Wednesday saying it couldn't comment on the case specifically but said Nobel's schools are dedicated to serving a "diverse student population."

To contact an editor about this story, email New Jersey 101.5 Deputy Digital Editor Sergio Bichao at

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