Lawsuit claims Calvary Church violated disability act

CHARLOTTE, N.C. — Two families are suing Calvary Church in south Charlotte, claiming that their children were kicked out of school for having a disability.

Eyewitness News anchor John Paul sat down with the families Tuesday and learned why they want to take Calvary Church to court.

Amaya and Louis Borjas said their son Francisco had been attending school at the church since 2012, when he was 2 years old.

They said that when he was diagnosed with Type 1 diabetes in 2014, things changed.

School officials told the family that it was against policy to check his insulin levels, and the principal told the Borjas that Francisco wasn't welcome because the school didn't have a nurse, according to the lawsuit.

The parents offered to pay for a nurse, but they were rejected.

"I'll do anything for my kid," Louis Borjas said. "She said, 'I'm sorry, your kid cannot come here anymore.'"

The Borjas learned while searching for a different school that another family had a similar story.

John and Lucy Dunning said that two weeks after starting school, their 3-year-old son, Lucas, collapsed.

After performing numerous tests, doctors said it was likely abdominal migraines. The family claims that Lucas was kicked out of school.

The lawsuit alleges that the church violated the state Persons with Disabilities Protection Act.

It also alleges fraud and infliction of emotional stress, among other things.

The families said they want to make sure it doesn't happen to anyone else.

"The whole reason we're here, we want change," John Dunning said. "We want them to change their policy. We want them to look out for the other children."

The families' attorney thinks there may be other children who were kicked out for a disability or illness, and is asking other families to contact him.

Calvary Church officials had no comment.

Click here to contact the families' attorney Josh Van Kampen.

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