A Colorado family has filed a lawsuit against El Paso County School District 49 and its public charter school, Mountain View Academy, for allegedly denying an eight-year-old boy with a rare lung condition access to his private nurse. The lawsuit, filed in the U.S. District Court for the District of Colorado, claims the school began refusing the boy, Chase, access to his nurse in late April.
Chase has a condition called neuroendocrine hyperplasia, which affects his breathing and requires him to use supplemental oxygen and a feeding tube. A private nurse, funded by Medicaid, has been caring for Chase since he was two years old and has assisted him at school since August 2023 without issue, according to the legal filing. The nurse's duties included monitoring his oxygen levels, nutritional intake, temperature, and the function of his gastronomy tube, as well as disinfecting surfaces he encountered.
According to the lawsuit, the situation changed in April after Chase switched private nurses and the school's in-house nurse did not approve the new contract. On April 22, the parents were informed that Chase would no longer be allowed his private nurse. The school proposed alternatives described as "medically and educationally inappropriate," including removing Chase from the classroom for feeding sessions, which occur twice daily for 30 minutes each.
The family's attorneys argue that such a measure would significantly impact Chase's access to education. One attorney noted that school districts are not obligated to pay for, train, or supervise such nurses, but merely to permit their entry.
Chase's father, Jon Borah, stated that without the private nurse, his son struggled with schoolwork, was removed from class for feedings, and became more irritable and tired due to declining oxygen levels. A teacher reported that Chase missed lunch at least once because he was not feeling well. Borah expressed extreme concern for his son's safety.
Chase's aunt reportedly provided nursing services at the school from May 4 to May 22, which his parents claimed helped stabilize his oxygen levels and improve his energy and mood. However, they deemed this arrangement unsustainable for the long term.
Borah has taken leave from his military duties to help care for his son. The lawsuit seeks injunctive relief to allow the private nurse access to the school, along with other damages. Borah reiterated that his son would "suffer irreparable harm" if denied access to his nurse when the school year begins.
A spokesperson for District 49 acknowledged awareness of the lawsuit but declined to comment further. The Daily Mail has reached out to the attorneys for the Borah family, District 49, and Mountain View Academy for comment.