Child in wheelchair spends school day with broken legs when no one helps, lawsuit says

A 12-year-old boy at Rocky Mountain Elementary School in Longmont, Colorado, who has significant intellectual disabilities, orthopedic impairments, and speech and language impairments, crashed his wheelchair into a concrete wall while going down a ramp, breaking both of his legs. The incident occurred on May 10, 2022, and the boy spent seven hours in severe pain without any help from school staff. His mother, Patricia Portillo Estrada, was not notified of the incident despite the boy being on the verge of tears throughout the day.

According to the lawsuit filed on March 18, the boy, who was supposed to be supervised due to his disabilities, was left confined to his wheelchair with fractured legs. His mother, mostly communicating in Spanish, reached out to the school after noticing his pain, but the school initially suggested he was injured from falling out of bed.

The lawsuit accuses the school of neglect and failure to accommodate the boy’s needs as a disabled individual. The boy was bedridden for over a month after the incident, and it wasn’t until June 1 that the school acknowledged the extent of his injuries. The boy suffered severe physical, mental, and emotional pain as a result of the incident.

Estrada’s lawsuit against the school district, Adams 12 Five Star Schools, includes claims of violations of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Colorado Anti-Discrimination Act. The lawsuit seeks damages for the boy’s injuries and ongoing effects of the incident.

Attorney Igor Raykin, representing Estrada, emphasized the need for schools to take their duties seriously in protecting vulnerable children like the boy. He hopes the lawsuit will lead to better support and protection for children with disabilities in schools, as well as assistance for the boy and his family in dealing with the aftermath of the incident.

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