The Disability Law Center, a nonprofit advocacy group, filed the suit against Discovery Academy, which has operated in Provo since 1989. Robert Jeffs, legal council for Discovery, describes the facility as a boarding school where students who have various issues can come.

The Disability Law Center in Salt Lake City is funded by the federal government and charged with monitoring various facilities that service disabled people.

DLC has said that they have received credible allegations about “potentially abusive practices being used against a youth who was a resident of Discovery Academy.”

The center further asserts that “over the years, the DLC has received a number of complaints from residents and parents alleging improper or abusive treatment at these facilities.”

The lawsuit centers, however, not on the allegations of abuse, but on alleged refusal to open up Discovery Academy facilities for investigation.

“Discovery Academy allowed only limited access to its facility but refused the DLC sufficient access to complete its investigation — alleging that the disability advocates did not have the authority to investigate because Discovery Academy does not treat youth with disabilities,” reads a statement from Disability Law Center managing attorney Kerry Chlarson.

Jeffs, however, said that he is startled by the DLC accusations.

Jeffs said he and his clients have provided advocates with reams of records and access on numerous occasions. Further, Jeffs said, Discovery Academy has fully cooperated with DLC when they have asked for records.

But what really surprised the Discovery Academy legal council was that neither he, nor Executive Director Brent Hall, had heard about the lawsuit before the Daily Herald contacted them.

“We haven’t heard from them in months,” Jeffs said.

And he said his suspicions are on high alert. He speculated about the fact he didn’t receive a copy of the complaint.

“It makes me believe it is for publicity purposes only,” he said.

As for the alleged abuse, Jeffs acknowledged that there have been inquires into one or two cases involving residents at Discovery, but given that he had not been apprised of the lawsuit nor seen copies of the complaint, he was unable to comment.

Chlarson said that the DLC also did not know for certain whether abuse was taking place.

“We have no way to know the merit or lack of merit of these charges,” he said.

The DLC generally does not work to seek punitive damages, instead seeking to monitor facilities and correct problems.

“Our role would be to remedy any abuse we find,” said Chlarson.

They did not, however strictly rule out seeking damages if it could be used as a “tool for change.”

Nathan Johnson can be reached at 344-2543 or at njohnson@heraldextra.com.

This story appeared in The Daily Herald on page D1.