EL PASO COUNTY, Colo. (KOAA) — A legal battle over a private nurse in a classroom in Colorado Springs is over. State and federal courts dismissed discrimination lawsuits filed against School District 49.
The case involved a student at Mountain View Academy who needs oxygen. His family sued after the school banned their privately funded nurse. The school district argued in-school services must be decided through its special education process.
- Watch News5's coverage of the lawsuit below:
The boy's father, Jon, previously told News5 he feared for his son's health.
"I just worry... if we lose... these services, that he's going to get sick very frequently," Jon told News5 earlier this month. "We're going to go back to where we were when he was an infant and (he was) hospitalized every month."
Judges have now dismissed both the federal and state complaints, even though the family asked to drop the state case. News5 asked the family's attorney for comment, but he declined.
Rhonda May, the Director of Special Education for School District 49, released the following statement regarding the decision:
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.
District 49's Superintendent, Peter Hilts, released the following statement regarding the decision:
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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