BCSC denies allegations in civil lawsuit over death of special ed student
COLUMBUS, Ind. (The Republic) — The Bartholomew Consolidated School Corp. has denied allegations of negligence and discrimination in a civil lawsuit over the death of a special education student last year.
The lawsuit, filed in May in U.S. District Court in Indianapolis, alleges that staff failed to timely recognize that an intellectually disabled student was experiencing seizures on a school bus, resulting in delayed medical attention and ultimately her death a few days later.
In recent court filings, BCSC denied that its staff were negligent or discriminated against the student due to her disability. The school corporation also argued that it provided “appropriate care” to the student and “appropriate training” to the bus monitor and driver.
The student, who was participating in an individualized educational program at Columbus North High School, started experiencing seizures while on a school bus in April 2023, according to a copy of the complaint. The student is not named in the suit.
The plaintiffs — the student’s biological grandmother and maternal uncle — allege that staff on board the bus “failed to timely recognize and respond to (the student’s) seizures.” The student was later admitted to Columbus Regional Hospital and transferred to Indiana University Methodist Hospital in Indianapolis, where she died.
The plaintiffs allege that the delayed medical attention caused them to incur medical costs, as well as funeral and burial expenses. They are being represented by Valparaiso attorney Steven L. Langer.
The plaintiffs further allege that the student’s individualized educational program stipulated that she should have a private one-on-one school nurse with her while at school to “help her participate in more activities with the class and to give her breathing treatments, feedings and changes.”
However, the nurse or bus assistant allegedly was not seated next to her on the bus when the seizures started, according to the complaint.
The student, who is described in court records as having “a severe intellectual disability while also being diagnosed with asthma, seizure disorder and cerebral palsy, among other issues,” was “mostly non-verbal and communicated mainly by using her eyes and thus … had difficulty communicating her needs in the event of an emergency,” according to the complaint.
BCSC, for its part, stated in a case management plan approved by a federal judge last week that it complied with the student’s individualized education program, which the school corporation claims did not require that transportation staff receive specialized training or be medically licensed professionals.
“While (the student) had a private nurse who attended school with her, that nurse did not ride the bus with (her) at the direction of either the family or the nurse’s employer,” BCSC states in court filings. “On April 14, 2023, after the bus transporting (her) arrived at Columbus North, a medically licensed professional directed staff to call 911 after being concerned about (the student’s) condition. School staff responded appropriately in accordance with their skills and training, which complied with applicable law and (her) individualized education program.”
The complaint includes claims of negligence, wrongful child death, and violations of the U.S. Constitution, among other claims. BCSC, the BCSC School Board, Columbus North High School, the Indiana State Board of Education and unidentified individuals who operated school buses and provided transportation services to students are listed as defendants.
On July 26, BCSC asked for more time to respond, arguing, among other things, that the “complaint makes joint allegations against all school defendants that the school defendants collectively need additional time to investigate.”
While BCSC, the BCSC School Board and Columbus North High School are listed as separate defendants, they “intend to file a single answer in response to the complaint,” according to court filings.
The judge granted BCSC’s request earlier this month, setting a Sept. 20 deadline for the response. The case is currently pending in federal court.
This article originally appeared in The Republic.