A couple was told that their son, an incoming Orange County kindergartener, that his disability is a liability by the school district, and they took their fight to get him into his zoned school in front of a judge Thursday.
Chance Kern was born with spina bifida. He requires a catheter, and his zoned school does not have a nurse.
The family's daughter and middle son attended Riverdale Elementary School.
“He broke down crying and stopped using his wheelchair completely and cried. He just let me know he felt like he was smart enough to go to Riverdale,” said Chance’s mother, Amanda Kern.
A judge pointed out on Thursday that district procedures prohibiting him from attending the school could be individualized to meet his needs.
Chance's spina bifida limits the use of his limbs, which means he needs help using a catheter.
Florida law allows “nonmedical assistive personnel” to help children like Chance.
But the Orange County School District procedure is that only licensed medical professionals can do so for the safety of the child.
Chance's 13-year-old sister testified that she can do the procedure.
“They don't need this for his safety. It doesn't need to be for a LPN,” said family advocate Jamison Jessup.
An attorney for the district did not have a comment.
Administrative Judge Diane Cleavinger said that federal law requires the district to “explore all possibilities to accommodate Chance.”
9 Investigates learned that if Chance lived almost anywhere else in Central Florida, his condition wouldn't be an issue.
Seminole, Lake and Brevard County schools allow the procedure he needs to be done without a nurse.
Cleavinger will issue a written ruling, but it might be after the start of the school year.
Cox Media Group
