LOS ANGELES — Learning to be self-sufficient is important for 13-year-old Isaiah Gardner.

His mom, Tiffany Gardner, has made sure he knows how to do everyday tasks — like feeding himself through his internal tube without any assistance.

“I made it a point to make sure that he knew everything that was going on with him," Gardner said.

Isaiah was born with a chromosome abnormality. He also had a tracheostomy to help him breathe and is legally deaf. Much of his early childhood was spent in and out of the hospital.

But since 4th grade, Isaiah has been healthy enough to attend school and learning has become the highlight of his day. However, Gardner says during the pandemic school closures, distance learning was a struggle for her son.

When in-person learning returned this school year, Gardner says Isaiah’s doctor cleared him to attend Marina Del Rey Middle School. They followed LA Unified School District's (LAUSD) protocol for a weekly negative COVID-19 test, but when they arrived on the first day, Gardner says the school wanted to isolate Isaiah from other students and offered a 1:1 setting.

The only alternative learning option suggested by Marina Del Rey MS was at-home independent study, which Gardner says isn't conducive to Isaiah's special needs.

In a court document from the Office of Administrative Hearings for the State of California, LAUSD states it was due to COVID safety concerns associated with Isaiah's trach tube. 

LAUSD argues that because of possible life-threatening emergencies for students that may require immediate suctioning procedures, and the fact that student’s mask would need to be removed in the possible presence of staff and other students who could not immediately be distanced, that its guidance is factually reasonable and justified.

Prior to the 2021 fall semester, administrators agreed on an individualized educational program (IEP), where Isaiah would be accommodated in group instruction in the classroom, and receive the enumerated related services and transportation.

Chris Eisenberg, a special education attorney not handling this case, said Gardner's case isn’t an isolated incident. A few families from other schools have come to Eisenberg with similar concerns. He confirmed that independent study is not designed for students with special needs.

“In most cases [independent study] is inadequate because a lot of these children really need a teacher to work with them, and for a lot of parents, being at school is very important because they want the socialization, but also because even if the independent study is using zoom, that still isn’t something the student is able to engage with,” he said.

Eisenberg believes in Isaiah’s case, saying the school is violating federal and state law that entitles students with disabilities fair and equal education in the least restrictive environment.

On Sept. 13, Gardner was granted a motion by the state ordering LAUSD to comply with Isaiah’s IEP, which agreed to accommodate him in the classroom and provide transportation. However, she says the school still will not allow her son on the bus.

Spectrum News 1 reached out to LAUSD about this matter, but the district does not comment on pending or ongoing litigation. In May 2021, LAUSD reported at least $115 million in pandemic recovery funding would be allocated to help educate students with special needs. Gardner is curious about where the money is being used.

“[Isaiah's] medical fragile-ness doesn’t make him any less deserving of an education," she said. "It’s probably going to be a bigger fight, but I’m going to do it because Isaiah deserves everything that he’s entitled to.”