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Discrimination cases against School District 49 dismissed

State and federal judges have dismissed cases brought against School District 49 and its charter school, Mountain View Academy, alleging discrimination against an 8-year-old student with disabilities.

The complaint, filed in U.S. District Court on June 5, alleged that the defendants violated the Americans with Disabilities Act, the Colorado Anti-Discrimination Act and the Equal Protection Clause of the U.S. Constitution.

The student attended the school with a private-duty nurse from August 2023 through April 2026, when the school allegedly denied a new contract to the nurse and began providing its own services during instruction hours, The Gazette previously reported.

The family demanded that the student’s private-duty nurse accompany them to school, but both courts and agencies agreed that the in-school services should be determined through the school’s special education process.

In separate decisions from the Colorado Office of Administrative Courts and United States District Court for the District of Colorado, judges dismissed each complaint in its entirety.

The federal case was dismissed with prejudice, and the state due process complaint was dismissed at the family’s request.

“While we are gratified that courts supported the district’s process and decision, this decision validates that we were already committed to serve all our students,” D-49 Superintendent Peter Hilts said in a news release.

When reached by email, the family’s attorney Igor Raykin said: “I haven’t been authorized to comment on that.”

Plaintiffs previously told The Gazette that they never received a definitive explanation from Mountain View Academy why the school removed the private nurse. They also claimed that, since then, the student’s education has been impeded by lost instructional time, lower oxygen levels and missed school days due to illness.

But they indicated that they would still attend the school because of their relationships with its staff and faculty. Since losing access to their private nurse, the student’s parents and other family members have provided services at school, which the district allows.

“If the student continues to attend a school among our portfolio of choices, District 49 is committed to serving the family and their child’s needs as we do with all students entrusted to our care,” Rhonda May, D-49 special education director, said in a release.



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