More parents allege discrimination at Calvary Child Development Center

CHARLOTTE, NC (WBTV) - A month after the first lawsuit, more parents are coming forward saying their child was kicked out or not allowed to attend Calvary Child Development Center because of disabilities.

The parents of six more children say their children were either denied acceptance or kicked out of the preschool at Calvary Church because of their disabilities.

Since the lawsuit was originally filed, the preschool has made a change to a form given to parents.

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The new lawsuit has an application form from Calvary Child Development Center as an exhibit. Now, when a parent applies to the preschool, they must accept that the director has the discretion to kick out a child for any reason including health needs. It's something these parents say their application never had and is wrong.

Carter Brundage's mom says he is now thriving at his new preschool, but when he was kicked out of Calvary Child Development Center it was difficult for him to understand why.

"For weeks and probably a couple months after leaving every morning, he would sit me and beg me why he couldn't go back to his old school and mommy if I'm just a good boy can I please go back and see my friends," Liz Brundage said.

Liz Brundage says in September of 2015 a teacher at Calvary incorrectly diagnosed him with ADHD. Brundage she said she called the school that day and spoke with a program director.

"She said my son needed to be medicated, I said who is she to tell me that I need to medicate my child at 4. She said she would figure out a way to get him into another classroom," Brundage said.

But Carter's mom says he wasn't switched and then Carter's teacher said there was an accident.

"He was really excited to see one of his friends who was being dropped off so he ran to him to give him a hug and accidentally knocked the boy over," Brundage said.

Brundage said the director Pat Collins spoke with the family.

"That's when she said we would have to find another daycare immediately," Brundage said.

Brundage joins Lucy Dunning and Amaya Borjas who originally sued the preschool in January.

"In hearing these other stories, this for me just validates even more that Calvary has their picture perfect what they want as a student there and if you don't meet that requirement they don't want to be bothered with it and you're gone," Dunning said.

"It was very humiliating, it was very disheartening to have someone tell you that your child can no longer go to their school or their program because of their disability," Carmen Shaw said.

Carmen Shaw said her son Jaxon was kicked out for developmental delays. Their lawyer Joshua Van Kempen says North Carolina statute prohibits discrimination against disabled people.

"I think what's most shocking if they didn't know before they certainly know now when we filed the first complaint," Van Kempen said.

He says Calvary Church is now allowing the director more discretion with this application form.

"I just hope this doesn't happen again because it's so wrong," said Amaya Borjas.

The law firm for Calvary Church initially said they had not seen this latest lawsuit and could not comment. Four other kids' parents submitted signed affidavits saying the school discriminated against them and denied admission based on medical concerns.

Attorneys later released a statement on behalf of Calvary Church and Pat Collins.

"My clients have reviewed the allegations that have been made in the lawsuit that was filed by the Borjas and Dunning families on January 5, 2016.  Although filed with the court, the original complaint has yet to be served on the defendants as required by law.  My clients have not yet been provided with a copy of the amended complaint which apparently was filed with the court on February 10th, and as such are not familiar with the allegations that have been made in this new filing.  With respect to the allegations made in the original complaint, my clients strongly disagree with the allegations that have been made against them.  While I do not think it is appropriate to comment on pending litigation or to try disputes like this in the press, I can state that Calvary and Pat Collins will vigorously defend themselves against these unfounded allegations through the legal process."

The lawyer for the parents, Josh Van Kampen, replied to that statement with "my clients didn't expect Defendants to confess and understand it will probably take a court order or jury verdict to affect change there."

Calvary Church has operated the Child Development Center for 30 years.

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