×
×
homepage logo
SUBSCRIBE

Parents sue Davis School District over health monitoring of daughter’s disabilities

By Mark Shenefelt - | Feb 28, 2023

Photo supplied, Davis School District

Kaysville Junior High School

KAYSVILLE — The parents of a 14-year-old Kaysville Junior High School student with disabilities allege that their daughter’s life is potentially endangered by Davis School District administrative actions governing her monitoring and care.

Dennis and Sarah George filed suit against the district in U.S. District Court in Salt Lake City on Monday, accusing officials of violating the girl’s civil rights under various laws, including the Americans with Disabilities Act.

The family’s attorney, Amy Martz, of South Jordan, sought a temporary restraining order to stop what they described as a removal of vital paraprofessional health monitoring of the girl effective Monday. But Judge Jill Parrish denied the motion, saying she would hold a hearing after the district is notified and can prepare counter arguments.

The girl suffers from various conditions, including dysautonomia; central, obstructive and mixed sleep apnea (awake and asleep); tachycardia; bradycardia; and Loeys-Dietz syndrome, the suit said. The conditions cause her breathing to stop, her heart rate to drop very low or to rise very high, and unexpected allergic reactions can occur, according to the suit.

“Her management plans have included a trained aide who observes her reactions, listens to alarms on her monitoring device, and takes appropriate actions based on multiple medical emergencies that may arise,” the suit said.

But the suit said the district notified the parents and their attorney in a Feb. 7 meeting that they were ending paraprofessional staffing for the girl because they had assessed that the student no longer needs that support to manage her disabilities.

“This will put (the) student’s life in immediate danger as she becomes incapacitated through cessation of breathing, reduction of heart rate, and excessively high heart rate,” the suit said.

Christopher Williams, the school district’s director of communications and operations, was asked for comment on the suit. “Because of the pending litigation, the school district is not providing a response,” he said by email on Tuesday afternoon.

Martz did not immediately respond to a request for more information about the case.

The parents have been jockeying with district officials about the girl’s care plans for years, according to the suit, and they filed complaints in 2021 and 2022 with the federal Office of Civil Rights.

The suit further alleges that the district has retaliated against the family because of the OCR complaints. The suit charges that officials made a “false report” to the Utah Division of Child and Family Services in January 2022 that the parents were seeking too much medical help for the girl.

Newsletter

Join thousands already receiving our daily newsletter.

I'm interested in (please check all that apply)