Girl back in school after family, district clash

The legal battle over Leilani Gutierrez -- the quadriplegic student

whose family withdrew her from Newport Heights Elementary School in

May -- ended this week as she returned to class with her wishes

granted.

The 7-year-old second-grader, who was paralyzed in a car accident

in 2002, has been at home for much of the year while her family

fought with the district about her nursing services. Early this

month, family attorney Kathleen Loyer reached an agreement with the

district -- and the agreement, by and large, came out in Leilani’s

favor.

“Obviously, we think that’s a good result,� Loyer said. “It was

painful getting there. It wasn’t an easy process, and I don’t think

it should have happened. We shouldn’t have had to enter litigation

for the child to go to school, but I’m glad we got through it without

having to go to a full-blown trial.�

In spring, Leilani’s family filed a hearing request with the state

department of education, saying that the Newport-Mesa Unified School

District had violated Leilani’s needs by reassigning her to a new

nurse. The district argued that Leilani had missed too many days of

school due to her nurses, employed by Maxim Health Care, being

unavailable.

When Newport-Mesa administrators insisted that Leilani accept the

services of a district-hired nurse, her mother, June Gutierrez,

withdrew her from school and filed for a hearing. Eventually, Loyer

resolved the case with the district through mediation. Leilani

attended school Monday for the first time in five months.

“I wasn’t surprised,� June Gutierrez said. “I knew that through

having patience and doing the right thing and proving my point, that

it would either be resolved or it wouldn’t.

“Everyone is just really happy. Everyone on campus has welcomed

her back with open arms.�

Under the mediation agreement, which Loyer would not describe in

detail, Leilani may retain her Maxim nurses at Newport Heights. Her

family, when filing with the state in May, said the nurses were

essential because they had worked with Leilani for years and

understood her condition.

Last year, in Leilani’s annual district-authorized plan for

special-education services, Newport-Mesa ruled that Leilani should

stay with her longtime nurses, but added that it would reconsider the

decision if the nurses caused Leilani to miss too many days of

school. After Leilani stayed home five days due to lack of an

available nurse, the district ordered a reassignment.

According to June Gutierrez, the district gave her the choice of

accepting the new nurse or removing Leilani from school, and she

opted for the latter. During the months that Leilani was gone, her

mother picked up her homework assignments for her.

Newport Heights principal Kurt Suhr was not available for comment

Thursday, but administrative assistant Jacque Galitski said of

Leilani, “We’re glad that she’s here.�

The week was special for Leilani in another way: Thursday, she

accompanied her class to the Irvine Barclay Theatre to see

“Alexander, Who’s Not Going to Move.� According to her family, it was

the first field trip she had ever been on; past trips hadn’t had

wheelchair access.

“She is one happy kid,� her grandmother, Vicki Gutierrez, said.

Since a car accident left her paralyzed at age 4, Leilani has

remained in the public eye -- and has been an inspirational figure to

many.

Sunday, her family will host the fourth annual Walk for Leilani,

in which participants walk to raise funds for Leilani’s treatment, at

Fairview Park. At last year’s event, the Redman Power Chair company

in Tucson presented her with a new, state-of-the-art wheelchair.

* MICHAEL MILLER covers education and may be reached at (714)

966-4617 or by e-mail at [email protected].