Father sues school for denying disabled son access to private nurse

In the United States, a Colorado family has taken legal action against a school district for allegedly denying their disabled son access to a private nurse essential for his health. The lawsuit was filed by Jon Borah in the US District Court for the District of Colorado on June 5, 2023, after the El Paso County School District 49 and Mountain View Academy in Colorado Springs informed the family in late April that their son, Chase, would no longer be allowed to have his private duty nurse accompany him to school. Chase, an eight-year-old boy, suffers from neuroendocrine hyperplasia, a rare lung condition that necessitates supplemental oxygen and a feeding tube. Prior to the school’s decision, Chase had been receiving nursing assistance without any issues since August 2022. The abrupt change in policy has left the family scrambling to ensure that Chase receives the necessary care during school hours. Jon Borah expressed his concerns about the impact of the school’s decision on his son’s education and well-being, stating that Chase's health deteriorated without the nurse's support. The lawsuit claims that the school’s refusal to allow the nurse has impeded Chase's education, causing him to struggle with his schoolwork and experience increased irritability and fatigue due to declining oxygen levels. The family has also noted that Chase's aunt provided temporary nursing services from May 4 to May 22, which stabilized his condition, but they do not consider this a long-term solution. Jon Borah has taken leave from his military duties to care for his son, emphasizing the urgency of the situation as the new school year approaches. He fears that without the nurse, Chase will suffer irreparable harm. The case has drawn attention to the challenges faced by families of children with disabilities in accessing necessary medical support in educational settings.