LAS VEGAS (KTNV) — Two Las Vegas parents are fighting to keep their son with special needs enrolled in a special education program at Faith Lutheran High School — and a judge has granted them the ability to continue sending him there while the case plays out.
Mitchell Stipp Jr. is 15 years old and has a diagnosis that falls on the autism spectrum.
"Initially, he had the diagnosis of PDD-NOS," Mitchell Sr. said.
That's Pervasive Developmental Disorder Not Otherwise Specified.
"Prior to him being 3, he had probably been to 4 different speech therapists, one of which said, he'll never speak," Mitchell Sr. said.
Years of working with doctors and therapists proved that prediction wrong.
"You have to figure out what works and what doesn't," his mother Amy Stipp said.
She and her husband, Mitchell Stipp Sr., say when it came time for middle school, Faith Lutheran's Dorothy Freischel Mark 10:14 program seemed like the perfect fit.
According to Faith Lutheran's handbook, the Mark 10:14 program is designed for students with intellectual and developmental disabilities in an inclusive Christian setting.
Educators and student mentors work to provide "intensive individualized modifications of curriculum so students can participate in general education classes and campus activities."
For Mitchell Jr., the school allowed him to start his days between 10 and 10:15 a.m. so he could keep his morning doctor's appointments and sessions with a private tutor.
"We didn't want to give those service providers up, because once you give them up, you probably don't get them back," Mitchell Sr. said. "What we were relying on Faith Lutheran to do was provide an opportunity to have a normal school environment and socialization."
For three years, the arrangement worked.
Then came high school.
"We were told within 3 days of Mitchell attending school that he could no longer attend during the time frame that we had previously agreed to," Mitchell Sr. said.
After several email exchanges with the school's director of academic support, the family received a final decision on Monday, August 10. The email read, in part:
"While we honor the medical necessity of his therapies, we must remain consistent in enforcing the requirements of the high school Mark 10:14 program. Because we are unable to offer a modified schedule, we respect that you may need to evaluate whether Faith Lutheran remains the best fit for Mitchell's current medical and educational needs. If this means Mitchell will no longer be able to continue as a student at Faith Lutheran, please let us know by the end of the day on Friday, August 14th."
"Devastation. To be honest with you, I was shocked," Mitchell Sr. said.
After additional exchanges and a meeting with the school's new CEO, Mitchell Sr. said it appeared the issue had been resolved.
"His response to us was, 'Mitchell can continue to go to school there in the same manner that he did before. We want him here. I met your son. Everybody loves him,'" Mitchell Sr. said.
But the situation escalated into a lawsuit after the family was presented with a behavioral plan.
In addition to a lack of behavioral issues in his file, Mitchell Sr. says some of the requirements were offensive.
"The standards that they set were extreme, which were if he engages in 1 act of stimming, then he needs to be removed for the day to 'reset.' After 4 instances of stimming, then we need to revisit whether this is the right place for him," Mitchell Sr. said.
"I said I might as well stay in the parking lot, because as soon as he gets in, he may go like that," said Amy Stipp.
"They've characterized it as jabbing and they referred to it during the meeting as violent, which is offensive," said Mitchell Sr. "I respectfully rejected the plan and indicated that we are going to pursue our remedies in court."
Following that decision, the family received an email from the school that read: "Because you chose not to partner with us based on the active lawsuit attached, please do not bring Mitchell to school anymore."
"I'm a parent of a kid with special needs. You have to communicate differently. Not, don't bring your kid to school anymore," Mitchell Sr. said.
The email also stated: "I have CC'd our registrar so you may contact them for the withdrawal form. I pray your family finds peace with this situation."
"And I thought to myself. This is not consistent. There are better ways of handling this," said Mitchell Sr.
Though the case is not over, the court has sided with the Stipps in the most recent legal filings, allowing Mitchell Jr. to continue attending school under the original agreement.
Mitchell Sr. said he wants other families to know what they may be walking into.
"People should know that if you're invited to attend the Mark 10:14 program, that it may not be what they advertise and in addition to that it could change. And for us, we think the public deserves to know that," he said.
The program takes its name from the Bible verse Mark 10:14 — "Let the children come; do not hinder them."
"We feel that this is an example of a religious institution who promotes their religious ideals, to which we subscribe, but at the same time, not practicing what they preach," Mitchell Sr. said.
Faith Lutheran declined an on-camera interview and sent the following statement:
"Faith Lutheran is deeply committed to the well-being, education, and success of every student we serve. Our Dorothy Freischel Mark 10:14 Program is central to this
commitment and provides an inclusive, Christ-centered educational environment for middle and high school students with intellectual and developmental disabilities.
We are aware of the recent statements made by the parents of a student in the Mark 10:14 program. We respect both the legal and moral rights to the privacy of the student
at the center of the parents’ claims. We do, however, wish to address certain aspects of these claims to provide context.
Faith Lutheran has been working closely with this family to address the parents’ concerns throughout the student’s enrollment. The statements were made in the context
of a lawsuit by the parents, in which the parents demanded a significant financial settlement from Faith Lutheran and threatened to involve the press if Faith Lutheran did not promptly concede to these financial demands.
While we are disappointed that a discussion about a student’s interests has become a discussion about financial gain, we will continue in our mission to provide meaningful, Christ-centered educational opportunities, individualized support, and an inclusive school experience for all of the students and families we serve, including the family involved here.
Our Mark 10:14 Program, its students, and their families, remain central to our mission and values as an institution, and we will continue to tirelessly advocate for our students’ success."
The school said it would answer follow-up questions, but after those questions were sent, it decided it would no longer answer them.
The Stipps also dispute the school's characterization of the lawsuit as a form of financial gain.
"The claim of damages is a requirement of the causes of action in the complaint," said Mitchell Sr. "We are not interested in benefiting financially from the litigation or anything in connection with resolution of this matter with Faith Lutheran if we're able to resolve it. If there's any damages that are paid as a result of either a settlement or a decision at trial, it is our intention that that money be placed in trust for the benefit of the Mark 10:14 program."
