Seminole County Schools suing family over nurse requirement

Seminole County Public Schools is suing the family of a non-verbal autistic child in federal court, seeking to overturn an administrative law judge’s requirement that the student get one-on-one nursing care. 

SCPS filed the lawsuit against the defendant known as H.W., a student with medical issues requiring constant monitoring, on Feb. 26 in the U.S. Middle District of Florida. The federal lawsuit is an appeal of an administrative law judge’s ruling on Jan. 2. Read the current federal lawsuit and the previous administrative judge’s ruling at the bottom of the article. 

SCPS did not identify the student by name in the lawsuit. The parent has identified himself, though, as David White – a candidate who is running for a seat on the school board. His son is the H.W. in the lawsuit. Oviedo Community News is using his name in this story because his name is already public knowledge and has been used publicly by the parents.  

“They (Seminole County Public Schools) are asking for attorneys fees and court costs even though they took it to court,” White said. “This whole lawsuit is to get them out of providing services. They’re suing to not provide it, and since they’re using an outside attorney, they want to be reimbursed by us to pay.”

Seminole County Public Schools declined to answer questions about the lawsuit, saying it cannot comment on pending litigation. School board members also did not agree to on-the-record interviews. 

SCPS is currently providing a one-on-one nurse for Hayden at Wicklow Elementary in Sanford while the lawsuit continues. And in the court filings, SCPS argued that its previous level of care – one licensed practical nurse in the room with Hayden and two other medically complex children – was adequate coverage.

SCPS in the filing wrote that it was not allowed to speak with Hayden’s physician until after the last judge’s ruling. 

“Upon collaborating with Defendant’s physician following issuance of the Final Order, Plaintiff staff learned from the physician that, in his opinion, the level of medical care provided in Defendant’s classroom – a trained LPN tasked with serving three students – would be sufficient for Defendant’s needs,” SCPS wrote in the lawsuit. 

The District 2 seat White is running for includes an area surrounding Lake Jesup and parts of Winter Springs, Oviedo, Sanford and Geneva. White’s telecommunications business, Warpspeed Group, was previously located in Winter Springs. 

This isn’t the only known issue parents with disabled students have raised concerns about with Seminole County Public Schools. The U.S. Department of Education has opened an investigation over the use of communication devices for a student with disabilities who attended Lake Brantley High School. That student’s mother said her son watched hours of YouTube on his communication device, and therefore wasn’t using the device to communicate during school hours.  

Are you a parent of the Seminole County Public School child? Oviedo Community News would like to hear from you. Contact reporter Abe Aboraya at abeaboraya@oviedocommunitynews.org. 

Additionally, during last year’s budget discussion, Exceptional Student Education Services had some budget cuts and lost some behavior interventionists. 

From public comment to Facebook comments

The issue bubbled over at the most recent Seminole County Public Schools school board meeting. White addressed the board, but wasn’t allowed to talk about the lawsuit because of a policy barring speakers during public comment from discussing litigation. 

“I’m gonna skip the portion about the lawsuit you filed against my son,” White said at the meeting. 

Matt Morgan, Longwood City Commissioner and former professional wrestler, also addressed the board, saying he’s the parent of a non-verbal autistic child. But he was also stopped when he began talking about the lawsuit. 

“So I’m not allowed to come here and stick up for the special needs kid being sued?” Morgan asked. 

The school board’s attorney said the proper forum to discuss the issue was in court – in active litigation. 

“You guys can keep hiding this, but you guys are five elected officials,” Morgan said at the meeting. “You guys are better than this. Stop listening to your attorneys, stop listening to your superintendent, do the right thing for this boy.”

Morgan posted a video on Facebook after the meeting that’s gotten more than 40,000 views and has more than 150 comments. 

“You should allow everybody their First Amendment right to speak as a taxpayer, which I am, by the way. I should have the right to be able to speak on whatever the heck I want to speak about up there if I have a problem with what you’re doing,” Morgan said in the video posted on Facebook. “Folks, we need to pay attention closer (sic) to these idiots’ policies.”

The issue of restricting public comment at school board meetings has been contentious since conservative groups such as Moms for Liberty became more active at school board meetings. In Brevard County, a judge ruled that the school board’s policy was too restrictive on public comment. You can read the judge’s ruling here. 

A ‘free, appropriate public education’

The federal Individuals with Disabilities Education Act is a federal law that requires children in public schools to have access to “free, appropriate public education.” In Florida, parents can petition for what’s known as “due process,” where they appeal a school’s decision related to a student’s education plan or medical plan. 

That’s what White did back in September of 2024. In that case, Sara Marken found that Hayden has a “complex medical history,” including severe pre-maturity, spastic cerebral palsy, autism spectrum disorder, seizure disorder, adrenal insufficiency, and hydrocephalus. 

“He requires constant monitoring for signs of a potential adrenal crisis, which would demand administering emergency medication,” the judge wrote. 

Hayden’s Medical Management Plan, dated August 9, 2024, indicates that the student cannot safely attend school without a one-on-one nurse. 

“Staff testified that they reviewed the Medical Management Plan, but disagreed that the student required a one-on-one nurse,” the judge wrote. Later, the parent provided a letter from the same physician supporting the need for a one-on-one nurse. 

“Again, the staff reviewed the document but disagreed that the student required one,” the judge wrote. “The school expressed doubts about the authenticity of the doctor’s orders, but took no steps to seek clarification or verify their validity. Despite questioning their authenticity, the school did not attempt to contact the physician, request additional documentation, or conduct any follow-up to ensure the information provided was correct and reliable.”

SCPS wrote in the later federal lawsuit that they were barred from talking with physicians, which the White family disputes. White said that currently, when Hayden is home after school and therapy, he has his parents to keep an eye on him. 

But, White said, he’s been approved to have 24-hour nursing care, and is in the process of getting it now (and he has had nursing care approved in the past). 

The issue could be a financial one for the district. However, White said he would prefer to have a nurse paid for by his insurance at the school.

“My whole stance for running for school board is to prevent stuff like this from happening,” White said. 

Want to weigh in on this topic with your elected officials? Do that here.