School District 49 faces legal action over alleged refusal of student’s nurse

EL PASO COUNTY, Colo. (KRDO) -- A local family is taking legal action against School District 49, alleging the district refuses to allow a nurse to attend class with their disabled son.

The family also claims they were caught off guard after years of cooperation from D-49.

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.

With the new year approaching, he said they still won't.

"They weren't going to budge," Jon said. "They weren't going to listen to us. And it was kind of a this is our decision. We don't care what you guys think."

Jon said the district offered "spot checks" for Chase, but that's not enough.

"If he's only getting spot checks, there's issues with his health that start to arrive," Jon said.

Jon says he and his wife tried to find common ground with the school district, and his attorney, Igor Raykin, claims D-49 refused.

"I simply do not understand why the school district would make a decision like this to deny services to a child who has so many severe needs," Raykin said. "This is just cruel."

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," D-49 Superintendent Peter Hilts said.

Jon and his sister have filled in for the nurse, but Jon says that's not a long-term solution.

"We've been trained how to do it, but we're still limited because we're not an actual nurse," Jon said.

School starts Aug. 10, but the deadline to enroll in the school of choice program has already passed. Jon says they were left with no choice but to pursue legal action. However, the family is not asking for money.

"All we want is having to be allowed to have the nurse in the school that we've had since he was in preschool," Jon said.

Colorado law "prohibits an administrative unit from prohibiting a functional health-care specialist from providing medically necessary services to a student during school hours."

KRDO13 has also reached out to the State Board of Education for comment.

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