MILFORD, Conn. (CBSNewYork/AP) – Milford schools and the father of a 7-year-old girl barred for three weeks because of Ebola fears have agreed to the youngster’s return, three days day earlier than planned.

A lawyer sued earlier this week on behalf of the third-grader and her father, claiming unjustified fear prompted the decision to keep her out of class.

Schools superintendent Elizabeth Feser and the girl’s father, Stephen Opayemi, say the lawsuit was settled.

The child was to return on Friday. She had been told to stay home for 21 days, the incubation period for Ebola, after returning Oct. 13 from Nigeria for a family wedding.

Feser had said her actions were a good-faith response to a public health issue and in the best interest of all students.

Andrew Doba, a spokesman for Gov. Dannel P. Malloy, said the decision did not come from the state’s health commissioner, who has been given the power to quarantine anyone she feels may pose an Ebola risk.

“This was a decision by the town’s public health official,” he said. “The state did not play a role in making this determination, and this family is not under any quarantine orders.”

The family did not travel to any of the three West African nations associated with the current Ebola outbreak — Guinea, Sierra Leone or Liberia. There have been no diagnosed cases of Ebola in Nigeria since Aug. 31, according to the lawsuit.

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