EL PASO COUNTY, Colo. (KRDO) — State and Federal Courts have dismissed a case against District 49 (D49) and district charter school Mountain View Academy that alleged discrimination against an 8-year-old child with multiple disabilities.
According to D49, the federal case was dismissed with prejudice, and the state due process complaint was dismissed at the family’s request.
KRDO13 spoke with the family in early August, who alleged the district refused to allow a nurse to attend class with their disabled son.
Because of a condition called neuroendocrine hyperplasia, for five years, 8-year-old Chase has had support through the school day from his “private duty nurse.” His father, Jon, who asked KRDO13 not to use his last name, claims that starting last April, D-49 wouldn’t allow the nurse into Chase’s school.
KRDO13 asked D-49 for comment regarding the ongoing situation.
“We understand that that lawyers will make press releases, but once something is pending litigation, we don’t comment on it publicly,” D49 Superintendent Peter Hilts said.
After the cases were dismissed, D49 stated in a press release that the family “had demanded that a private duty nurse accompany the student to school, but both courts and agencies validated the district position that in-school services should be determined through the school’s special education process.”
Rhonda May, Director of Special Education for D49, confirmed, “If the student continues to attend a school among our portfolio of choices, District 49 is committed to serving the family and their child’s needs as we do with all students entrusted to our care.” Superintendent Peter Hilts added, “While we are gratified that courts supported the district’s process and decision, this decision validates that we were already committed to serve all our students.”
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