An Orange County boy is set to start kindergarten next year, but what is supposed to be an exciting time for him and his family has been a battle.
The family's daughter and middle son attended Riverdale Elementary School, but paperwork shows the district will not allow their incoming kindergartner because the school does not have a nurse.
There's not much that slows down Chance Kern, not even a wheelchair.
“If you tell him he can't do something, he's going to show you he can,” said Chance’s father, Jason Kern.
Chance’s mother, Amanda Kern, said a recent trip to his brother's school brought the 5-year-old's wheels to a heartbreaking halt.
“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 Amanda Kern.
Chance was born with spina bifida, a birth defect that reduces the use of limbs. That also means he needs a catheter.
Paperwork from a recent meeting between his parents and Orange County School District leaders shows that's the reason he isn't allowed to attend Riverdale.
“He wants to go to that school. He wants to go to the same school as his brother,” said Jason Kern.
Florida law states “nonmedical assistive personnel shall be allowed to perform intermittent clean catheterization after training.”
But the notice from OCPS said “District procedure is that only licensed medical professionals” can do so for the safety of the child.
Riverdale is one of 72 Orange County elementary schools without a nurse.
“I think if they asked their staff, they'd be willing to support our son. They love our kid. We've been there almost nine years,” Amanda Kern said.
The Kerns are working to file for a '”due process” hearing, hoping by August that the doors to Riverdale will somehow open up.
“We're willing to take it as far as we need to,” said Jason Kern said.
School district leaders will not discuss individual students due to privacy laws.
But for now, Chance is scheduled to go to nearby Deerwood Elementary School next year.
ORANGE COUNTY, Fla. — Orange County Public Schools sent Channel 9 this statement: “As of the 2015-16 school year we have 36 RNs and 66 LPNs in the district. 53 of our elementary schools have licensed medical professionals. We follow state statue in regards to medical professionals at our schools and base our decisions on the safety of our students. It is procedure (not policy) for catheterization at our schools to be performed by a licensed medical professional (RN or LPN). If a licensed medical professional is not available at a particular school we follow the ESE feeder pattern; where those services can be met. We also offer transfer options to the feeder school for other siblings if a parent prefers their children to attend the same school. “
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