EL PASO COUNTY, Colo. (KOAA) — An El Paso County School District 49 family is suing the district and a charter school, saying the school is preventing their son from having a private duty nurse in the classroom.
Chase attends Mountain View Academy and has a condition known as neuroendocrine hyperplasia, or “nehi”; he requires oxygen and his pediatrician has directed that he have a private duty nurse with him at school, a nurse the family pays for themselves.
For the past three school years, Chase had a nurse with him at school, but the family says that in April, while the nurse was in the process of switching companies, the school told them the nurse could no longer be in the classroom. A family member stepped in to finish out the school year.
Chase's father, Jon, said the nurse's presence gives the family peace of mind.
"It allows me to know that Chase is being properly cared for at the school when we can't be around with him," Jon said, “if you're just doing spot checks on him randomly throughout the day, you're not going to see the whole picture of taking care of Chase," Jon said.
Jon said the family's concerns go beyond the upcoming school year.
"I just worry about if we lose these services that he's going to get sick very frequently. We're gonna go back to where we were when he was an infant and hospitalized every month," Jon said.
The family's attorney, Igor Raykin, said the district's obligation in this situation is minimal.
"In this case, the school has to do literally nothing; all they have to do is open the door for this nurse and then the nurse is responsible for all the medical care for this child," Raykin said.
Raykin said the family has been left with no other choice.
"The only option is to take it to trial," Raykin said.
Jon said the family is not seeking money, they simply want the nurse back in the classroom.
"We feel like this is a very simple ask. We're just asking for him to be allowed to have his nurse back at school with him," Jon said.
School starts Aug. 10, the case is scheduled to go before a judge Aug. 17.
The family says they plan to have family members accompany Chase on a rotating basis at school until a nurse can return to the classroom with him.
District 49 said it is not in a position to comment on pending litigation. Mountain View Academy said no one was available to comment.
This story was reported onair by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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