Parents sue Knox County Schools to let teen back into her transfer school after treatment
The parents of a 15-year-old girl have filed a federal lawsuit against Knox County Schools and the Knox County Board of Education that asserts they violated the teenager's rights under the Americans with Disabilities Act.
The suit says in September the district told the girl, identified in the lawsuit only by her initials, to receive mental health treatment at a residential facility nearly 300 miles from Knoxville in Columbiana, Alabama.
During her treatment, a social worker at Bearden High School advised the teen's parents to disenroll her to prevent her from being marked absent, the suit says. The girl was enrolled at Bearden as a transfer student from Hardin Valley Academy because she had been bullied at Karns Middle School and wanted a fresh start at a different high school than the one designated for Karns' students.
After the student completed her treatment and was ready to return this month, the district refused to let her back into Bearden, the lawsuit says. She would have been allowed to return to Hardin Valley, but the family did not want her back in a high school with students who had bullied her in middle school.
In an email attached with the court documents, Brian Hartsell, the director of student enrollment at Knox County Schools, told the teen's mother that students who withdraw from a transfer school must return to their zoned school when they reenroll.
"I am so tired of fighting KCS administration," the girl's mother told Knox News in a written statement. "The teachers are very supportive and I know they want to do the right thing. But administration is just so inflexible in understanding the mental health needs of a child.
"The only thing we are asking is to get our daughter back in her school of transfer where she feels safe. I hate we have to file a lawsuit just to do that."
KCS spokeswoman Carly Harrington declined to comment due to pending litigation.
The suit points out a district policy for student transfers says if administrators want to revoke a student's transfer, it should be done at the end of the school year unless deemed in the best interest of the student or the school system. The district policies on withdrawals and transfers do not say anything about students returning to their zoned school after withdrawing.
The district's attendance policy excuses absences for illnesses.
The teen is working through several mental health diagnoses and the consistency of her schooling is essential to her well-being, her parents say.
The district's work to improve special education
Over the past several months, parents have urged administrators and the school board to improve special education programs. After pressure from parents, the district is now poised to make changes.
Two months ago, Knox County school board chair Betsy Henderson brought forward a resolution to make Knox County Schools a model district for excellence in special education. The resolution was unanimously approved.
The district also will hire a student success accountability officer to make sure the district complies with laws and board policies related to students with disabilities.
The board is expected to vote in December to hire one of the candidates for the position.
Areena Arora, data and investigative reporter for Knox News, can be reached by email at areena.arora@knoxnews.com. Follow her on X, formerly known as Twitter, @AreenaArora.
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This article originally appeared on Knoxville News Sentinel: Parents sue KCS over not letting special needs student back into school
