Family Fights School District For Failure To Catch Up Sick Daughter

MINNEAPOLIS (WCCO) -- Hallie Jerve has fought health problems for years. And her parents say her school isn't helping her keep up when she misses class -- like the law says it should.

Doctors delivered the diagnosis before Hallie celebrated her second birthday.

"Anaplastic large cell lymphoma, and it was stage four," said Hallie's mother, Melissa Jerve.

It's a rare blood cancer that requires a year of chemo and hospital stays before being in remission.

But seven years later, Hallie's health problems have only grown.

"Asthma, she has generalized anxiety disorder, she has upper-respiratory infections quite frequently," said her father, Anthony Jerve.

They are sicknesses that often keep Hallie home from school. Last year, she missed 54 days of second grade -- a third of the school year.

"She's always missed more school than any other child in the class," Anthony said.

It's why her parents wanted what's called a "504 Education Plan," which is something students with mental or physical disabilities are entitled to under federal law to ensure they're treated fairly.

Essentially, it's a customized plan like videos of class or emailed lessons from teachers to Hallie to keep up when she's sick at home.

"It's a simple request what we're asking for, and it's turned into a long battle that I don't feel was needed," he said.

The Marshall School District currently has 15 students on such plans. Citing privacy laws, the district said it couldn't talk specifics on Hallie's case.

But in past paperwork to her parents, they wrote "based on the information presented … your child is not qualified" for the plan.

The district said it's "not apparent that there is an ongoing specific mental or physical impairment" -- even though a nurse practitioner said Hallie's chemo caused "several long term effects."

The district also wrote that there were "no noted concerns regarding achievement compared to her peers."

"We wonder if she had not missed so much school last year if she would maybe be an above-average student had she not missed that classroom time," Anthony said. "Nothing would make us happier than to have her in school every single day of the week, but when she's sick like that, it's hard."

Hallie's parents have hired an attorney and have taken their complaint to the Department of Education.

They're hoping the Marshall School District will change its mind soon since Hallie has already missed seven school days this year.

"It's sad that we have to fight a harder battle for education then we did to win the fight against cancer," Anthony said.

The Jerves have spent nearly $20,000 on legal fees. Insurance should cover the majority of the school district's legal bills.

The family also plans to file a federal disability discrimination lawsuit against the district.