Student with disability not permitted to use handicap parking spots at school

He can park anywhere in the state of Illinois- except his own high school.

A 16-year-old Burlington student got a state issued handicap parking pass after sustaining a soccer injury last year, but his family says his school won’t honor it.

NBC 5 Responds looked into the case and got results.

Gavin Hagge played soccer all his life until a concussion sidelined him last year.

“Since then he has had ongoing headaches daily. They range in severity, but they really don't ever go away,” said Sharron Hagge, Gavin’s mother.

“It's hard to like concentrate sometimes and like. Just get through just a school day or like even just a day at home,” said Gavin.

The family says staff at Central High School were initially accommodating, letting Gavin leave school as needed if his symptoms became unmanageable.  But getting home wasn’t easy either

“The bus itself is such a huge factor in exacerbating his symptoms. It's just the noise of the bus, the hydraulics, you know how bouncy the bus is,” said Sharron.

So this summer, Gavin got his driver’s license, and on the advice of his neurologist he obtained a handicap parking pass from the state of Illinois.

 “That's valid in the whole entire state of Illinois,” said Sharron.

Yet Gavin has never been allowed to park at his own high school.

“(School administrators) have said ‘absolutely not, that he can't park there,’” said Sharron.

 Sharron says she was told handicap spots were only for students who had won a parking spot through the school’s parking lottery system. But on any given day, Sharron says at least seven handicap spots in the schools parking lot are empty.

“And you'd think if nobody's using them and I have a handicap spot, I should be able to use them, but I guess not,” said Gavin.

The family eventually hired an attorney, but the district held firm on its decision to deny Gavin a spot.

“Our taxpayer dollars are, you know, being spent to fight against this kid who has already been through a really tough year, who has a legal right to that spot,” said Sharron.

But NBC 5 Responds wanted to know: did Gavin really did have a legal right to a handicap parking spot?  So we turned to the Great Lakes ADA Center.

“If you have the same chance in the lottery as any other student or person without a disability to get a spot and you don't get one, it's not going to be considered discriminatory,” said Kelly Frake, with the Great Lakes ADA Center.

Frake says the school is required to provide reasonable accommodation- even if it’s on a temporary basis.

“You still have an obligation as a covered entity to provide reasonable modifications to your policies, practices and services,” said Frake.

“They did offer a one-on-one bus to come and pick him up every day, to which his neurologist said ‘thank you. But that solves none of the problems’,” said Sharron.

After more than 100 days of arguing with the district, NBC 5 Responds stepped in, and just one day after we reached out, the school district reversed its decision, allowing Gavin to park on campus.

 In a statement, it told NBC 5 Responds that the issue has been oversimplified in the media, which “omits critical details about the situation and its potential impact on the safety of the student and others within our school community.”

We asked Sharron if she felt the school board denied Gavin a spot because they worried that Gavin could pose a danger to other students behind the wheel.

“I'm sure. I mean, I, I don't know, but I'm sure that that's probably what that goes their thought process,” said Sharron.

But according to the ADA, the schools fears about the ‘potential impact on the safety of students’ wouldn’t have been a valid reason for denying Gavin access either.

“So just assuming that someone may be at higher risk because they have a disability is not going to be considered a reasonable defense under the ADA,” said Frake.

The district responded by saying it made its decision “based on information from the student’s medical providers.” But Sharron says Gavin’s doctors have cleared him to drive.

“Our neurologist was like, ‘they're not the medical professionals. you know, the medical professional who has known him for over almost a year is saying he can drive’,” said Sharron.

For now the family is just relieved Gavin has finally been given the consideration they wish he’d had from the start.

“To be able to come home if my head starts hurting is what should help me and should help me get better.

Here is the full statement from Central 301 District:

“District 301 typically does not comment publicly on matters involving individual students. However, due to the extent of public discussion and media inquiries regarding a particular student, the District is responding to provide clarity on its ongoing efforts to ensure student safety and meet the individual student’s needs. The District takes all student matters very seriously and works diligently to address student needs in a manner that prioritizes the safety and well-being of all students, staff, and community members. When a student matter requires Board input, these discussions occur privately in closed session. While this confidentiality is necessary, it can leave the public with only partial information, which may lead to misunderstandings.

“The District respectfully disagrees with the characterization of the current situation as a simple parking pass issue. That issue is one piece of a multi-faceted situation, despite what has been shared in local news reports and social media. This oversimplification omits critical details about the situation and its potential impact on the safety of the student and others within our school community. In addition, multiple accommodations are in place for the student to support him in school, and transportation options, even beyond those referenced in recent news articles, have been offered.

“Despite these challenges, the District had an open offer for a conversation to work with the family to find a resolution that supports the student’s needs and addresses the District’s safety concerns. The District focused on having this dialogue directly with the family and outside the court of public opinion and social media.

“The District appreciated having a candid conversation with the family at a meeting scheduled prior to Thanksgiving to clarify the student’s current medical needs and about the District’s safety concerns, and we are pleased to have reached an understanding that addresses the perspectives of both parties. The District looks forward to continuing to collaboratively work with the family.”