By Daily Mail (U.S.) | Created at 2026-08-06 14:56:56 | Updated at 2026-08-06 19:29:02
4 hours ago
A Colorado school has been sued for allegedly refusing to let an eight-year-old boy attend class with a private nurse who is vital to his precarious health.
Concerned father Jon Borah alleged in the lawsuit that El Paso County School District 49 and public charter school Mountain View Academy in Colorado Springs began denying his son, Chase, access to his private duty nurse in late April.
Chase has a rare lung condition called neuroendocrine hyperplasia, according to a lawsuit filed in the US District Court for the District of Colorado on June 5 viewed by the Daily Mail.
The condition can lead to fast and difficult breathing, as well as low levels of oxygen in the blood, which causes Chase to require supplemental oxygen and a feeding tube.
A private nurse funded through Medicaid has cared for Chase, who is still enrolled at the school and is an incoming third grader, since he was 2–years–old, according to the lawsuit.
He had received the nurse's help in school since August 2023 'without issue' until that changed earlier this year, per the complaint.
'It honestly felt like the decision was made before we ever even got in there,' Borah told FOX21 on Wednesday.
Borah added: 'In this situation now, we're scrambling, trying to make sure that he gets the care that he needs because we know what he needs as his parents.'
El Paso County School District 49 and Mountain View Academy are being sued for allegedly denying Chase, an incoming third grader at the public charter, access to a private duty nurse
Chase is disabled and has a rare lung condition called neuroendocrine hyperplasia, per a lawsuit filed by his dad Jon Borah in the US District Court for the District of Colorado in June
The private nurse's duties included monitoring Chase's oxygen levels, nutritional intake, appetite, temperature and his gastronomy tube, the filing added.
Chase's private nurse also allegedly made sure that his desk and other surfaces he might encounter are disinfected daily.
The lawsuit said there had been 'no issues' with Chase's private nurses and that his teachers reported that they 'do not disrupt the classroom environment.'
However, that 'inexplicably' changed in April when the school district allegedly removed Chase's access to a private nurse, according to the lawsuit.
This allegedly happened after Chase changed the private nurse, and the school's in-house nurse did not approve the new contract.
On April 22, the school told Chase's parents that their son would not be allowed to have a private nurse anymore, according to the complaint.
They allegedly proposed 'medically and educationally inappropriate' alternatives, which included removing Chase from the classroom for feeding, which happens twice a day for 30 minutes.
Chase's parents argued that measure would 'significantly [impact] his access to his education,' per the filing.
One of the family's attorneys, Igor Raykin, said he had never seen a district refuse entry to a paid–for nurse.
Raykin told FOX 21: 'They do not have to pay for this nurse. They do not have to train the nurse. They do not have to supervise the nurse. They simply have to let the nurse in the door.'
Chase had allegedly received assistance from a private nurse in school since August 2023 'without issue,' according to the legal filing
After that, Chase did not have a private nurse until May 22, when the school year ended.
The school's refusal 'impeded' Chase's education and caused him to struggle with his schoolwork since he was now being removed from class twice a day, per the suit.
'He finished kindergarten ahead of the curve, first grade and second grade ahead of grade level and I expect him to continue that,' Borah, his dad, told FOX21. 'But that's just because he's in school.'
According to the lawsuit, Chase also became 'more irritable and tired' because of his declining oxygen levels during the day.
Chase's teacher allegedly reported that he did not eat lunch at least once 'because he was not feeling well,' per the complaint.
In the lawsuit, Chase's parents said they became 'extremely concerned' about their son's safety.
The filing added that Chase's aunt had gone to school with him from May 4 to May 22 to provide him with nursing services, which allegedly caused his oxygen levels to be more stable.
Chase's aunt allegedly attended school with him at Mountain View Academy (pictured) earlier this year, which his parents claimed helped his energy and mood but was not a long-term fix
His parents claimed their son's energy and mood had improved during that stretch, as well.
However, Chase's aunt providing nursing help was not seen as a 'sustainable, long–term solution' by the family, according to the complaint.
Chase's family is seeking injunctive relief that will allow his private nurse into the school, as well as various other damages.
Borah, Chase's dad, told FOX21 that he had stepped away from his military duties to help care for his disabled son.
'I have leave built up, and I will be burning through all of my leave to make sure that he has the care that he needs,' he told the outlet.
A spokesperson for District 49 told the outlet that they were aware of the lawsuit but declined further comment.
In a filing on Wednesday in the Colorado District Court viewed by the Daily Mail, Borah reiterated that his son would 'suffer irreparable harm once the school year starts if he is denied access to a private duty nurse in the school setting.'
The Daily Mail has reached out to the attorneys of the Borah family, El Paso School District 49 and Mountain View Academy for comment.
