GVSD Found to Have Violated Cheerleader's Civil Rights and FAPE Standards Due to Mismanagement of Her Health Needs

Another Legal Defeat for Garnet Valley School District - Found to Have Violated Cheerleader's Civil Rights and FAPE Standards Due to Mismanagement of Her Health Needs

FOR IMMEDIATE RELEASE

Glen Mills, PA – November 12, 2023

The Garnet Valley School District has been found in violation of the rights of a student, Kyndal, who suffers from juvenile idiopathic arthritis (JIA) and related disabilities.

Kyndal and her mother, Elaina Adams, pictured in front of GVHS

A recent decision by Special Education Hearing Officer Joy Waters Fleming, Esq., established that the district failed to provide necessary accommodations for Kyndal's medical needs, particularly during school-sponsored activities. This ruling marks a significant setback for the district in their obligation to uphold FAPE (Free Appropriate Public Education) as mandated by Section 504 of the Rehabilitation Act of 1973.

In a detailed 41-page Final Decision and Order, it was revealed that the Garnet Valley School District denied Kyndal appropriate accommodations, including essential access to a nurse on District-sponsored away trips.

"Kyndal has had her educational rights trampled by the very institution meant to protect those rights," Joseph Montgomery, Esq., representing Kyndal's family, highlighted the District's failure to provide necessary medical accommodations, notably during off-campus activities.

As a dedicated athlete and committed student coping with chronic conditions, Kyndal requires a strict medication regimen. Despite her parents’ proactive engagement and the clear doctor’s orders submitted to the school, Kyndal's needs were met with procedural delays and, in some cases, outright denial.

The District’s legal representation contended that the District’s efforts were appropriate for the student. However, the detailed findings by Hearing Officer Joy Waters Fleming, Esq., told a different story.

Hearing Officer Fleming noted specific instances where the District did not meet its obligations. “The District failed to provide the Student with a 504 plan that described how the District would address this Student's medication administration needs during the out-of-state, school-sponsored trip. Based on the totality of the evidence, the District denied the Student a FAPE by failing to reasonably accommodate the Student's medical needs, ensuring meaningful access to an educational benefit," the Hearing Officer stated, underscoring the severity of the oversight (Page 35 of the decision which can be read here).

The case unfolded around the District’s decision-making process regarding Kyndal’s participation in a February 2023 cheerleading trip. Despite clear recommendations from Kyndal’s physicians, the District denied Kyndal a FAPE by failing to reasonably accommodate her medical needs, ensuring meaningful access to an educational benefit.

As a result of these findings, Hearing Officer Fleming ordered Garnet Valley to provide compensatory education for Kyndal and to convene a meeting to review and revise the Kyndal’s 504 plan to address medication administration during school-sponsored activities and trips.

In the hearing officer’s own words, "[T]he District had in its possession July 2022 and January 2023 letters from the Student's treating physicians. Both letters requested that a nurse administer the Student's medications and monitor for adverse reactions. Medication administration through nursing support was a reasonable accommodation in order for this Student to have meaningful access to the Florida school trip. Although the parent attended the Florida trip, she had to stay in a hotel, away from the Student, and a medication dosage was missed.” Despite these clear directives from healthcare professionals, the school failed to take the necessary actions, resulting in a denial of FAPE.

A key finding by the hearing officer was that “[t[his disabled Student's access to an educational program or activity must not depend on parental participation,” a significant finding for all parents who have been demanded by schools to supplement services that a district refuses to provide.

Montgomery, founder of Montgomery Law and EducationLawyers.com, a firm dedicated to student advocacy, remarked on his client's resilience:

"Kyndal is a fighter. It’s a shame her energy has to be spent fighting for the supports and services she is legally entitled to, instead of being able to focus fully on her health, academics, and athletics. This process has been draining for her; the school has been relentless in their efforts to put obstacles in her way. But at the end of the day, when a district fails to provide a student with a disability what they are legally entitled to, the district should be called to account. The Garnet Valley School District has been called out on their errors. It's why we say our business is in ‘Teaching Schools a Lesson,’ when appropriate.”

Speaking on the matter, Kyndal's mother, Elaina Adams, who is a nurse by profession, shared her perspective:

“Providing access to safe and appropriate care for our children shouldn’t turn into a legal battle when sending our children off to school. This includes care needed for after-school activities and clubs. All we asked for was for a nurse to be provided so our daughter could receive her prescribed medications and so the effects of the medications could be monitored as ordered by her doctors. She loved her team and being a part of the team. Her medications are used to treat her pain, decrease her stiff, aching joints, and numbness, all associated with her arthritis. All of which, when left untreated or when there is a delay in receiving her medication, brings her pain to intolerable levels.

“Over time, that pain and stiffness causes bone damage and deterioration. When we started this process, we were hopeful that if found in the wrong, Garnet Valley would make it right by providing my daughter the care she needs. The amount of money spent by the district in legal fees and resources to prevent her from getting care could have been used towards resources for not only my child but so many other children in our district. It just doesn’t make sense to us. We had hoped that with the hearing officer's decision in our favor, the district and its coaching staff would have just complied with the ruling and given the care that they should have all along.

“Unfortunately, that has not been our experience. We know we are not alone in being mistreated by the district and its employees. We know we are not alone in their attempts to gaslight us and make false accusations. We are taking a stand for our child. We hope all students can benefit from our efforts. Allowing administrators and coaches to belittle and bully our students is not okay with us. This isn’t about a parent being unrealistic about their child’s abilities. Kyndal, even despite her diagnosis, has never missed a competition. She has never been unable to perform her routine as given to her. If she couldn’t, we would understand why she was removed from her varsity competition team.”

Kyndal has opened up about the matter since the hearing officer’s decision was announced, breaking her silence and sharing:

"Despite winning the legal battle, my struggle is far from over. I am currently facing what I feel is such severe discrimination from the school's faculty that I was forced off the varsity cheerleading team, leading to my reluctant decision to quit. This process, meant to aid me, has only been met with indifference and obstruction from the school.

“After a recent incident, in which the coaches initially refused to allow my nurse on the bus, compelled me to publicly disclose my medications, and finally refused the nurse full access to me at a competition, was brought to the school's attention, the response was not supportive. Instead, the coach removed me from the Varsity competition team, saying it was because 'they couldn’t trust I would be at 100%, and if I got hurt, it would be their fault.' I reminded the coaches that my condition and the effects of my condition are nothing new. Their decision made no sense because I was told that I would still be allowed to compete with the Game Day team. This team has a longer routine and requires me to stunt, jump, base, and tumble, but it is not the varsity competition team; it is very different. Why can I do those things with one team and not the other? No explanation was offered.

“They have allowed me to compete the prior two seasons on the JV team during full-blown flares, and I never missed a beat. I never let my coaches or teammates down. Now though, after securing my right to access a nurse through the legal system, I was told that perhaps cheer isn’t my sport, and I should find something else to do. I am allowed to compete per my rheumatologist’s advice. Moving and staying active is exactly what the physician has ordered. Physically, the more active I stay, the better I feel, and my joints don’t hurt as much. Mentally, having a schedule and routine helps me focus on that and not my arthritis. It’s a win-win. Stress is a known cause of flares in my type of arthritis.

"Being removed from the varsity competition team was a punch to the gut. I have worked so hard to achieve that goal. I was told it was for this weekend only and that they would re-evaluate my status the following Monday. I was told that I would still compete with Game Day and that I should just enjoy that. My mother and I both explained that this doesn't make sense. If I say I can do it, I will do it, but our feelings, opinions, and proof through prior performance fell upon deaf ears. They had clearly made up their mind, and in their opinion, my disability meant I just didn’t meet their standards. During practice on the previous Thursday evening [November 9, 2023] my teammates were told I would not be competing with them at all this weekend, and the coaches then rearranged the routine, removing me from not only one routine but now two.

“I have been punished and pulled from something I loved so much, in retaliation for, among other things, the perceived inconvenience caused by having my nurse present and by the coaches' behavior being reported to the district. My overall physical, mental, and emotional well-being must now take priority; I can’t endure further abuse from the school. Reluctantly, I told my mother to inform the coaching staff that I would no longer be a member of the team and the sport I have spent the last 11 years falling in love with. This is not what I wanted; this is not what I want."

The decision reinforces the necessity for school districts to adhere strictly to legal guidelines regarding the accommodations of students with disabilities and the importance of taking prompt and appropriate action when a student’s health and education are at stake.

EducationLawyers.com

For more information on this case or to arrange interviews, please contact:

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Disclaimer: This post is for informational purposes only and does not constitute legal advice. The outcome of this case is specific to its unique facts and legal circumstances and does not guarantee or predict a similar result in any future case undertaken by the attorney or law firm. Prior results do not guarantee a similar outcome. Each legal matter is different and subject to varying results. Always consult a licensed attorney for legal advice on your specific situation.