Two parents have filed a tort claim against the West Ada School District, saying “neglect and systemic failure” led their high school student to take his own life.

Ross Okane Aguirre and Michael Aguirre say district and Meridian High School officials failed to follow the individualized learning program for their son, Mateo, who was diagnosed with autism and attention-deficit/hyperactivity disorder.

Mateo died by suicide in October 2023, according to the Aug. 15 tort claim, obtained by Idaho Education News through a public records request. “Over the course of his education, (Mateo) was subject to isolation, misunderstanding, and punishment due to his disabilities.”

According to the claim, Mateo “relied heavily on sensory accommodations, including wearing hoodies, beanies, and occasionally sunglasses for migraines.” He was suspended for wearing a beanie in school, according to the claim, even though his IEP allowed for it.

“His parents were stonewalled in efforts to have the record corrected,” the claim said.

On the day Mateo ultimately took his own life, he came home from school saying he had again been written up.

“Following (Mateo’s) passing, his family contacted Meridian High School to request information regarding the incident in an effort to gain insight into (Mateo’s) final hours,” according to the claim. “However, they were informed that the school had ‘no record’ of any disciplinary action involving (Mateo) on that day.”

The West Ada district declined comment, saying it does not comment on pending litigation.

In a statement to Idaho EdNews, the Okane Aguirre family said a court case is an uphill climb, but said it was the only way to seek relief for themselves, and other families facing a similar situation.

“Because the schools take very little accountability this was the best option for our family and to make sure Mateo’s life is never forgotten,” according to the statement. “Our son is no longer with us. But we will fight the good fight in hopes that this action can make a lasting impact for other kids like Mateo.”

A tort claim is not a lawsuit, but it is a precursor to a possible civil suit. If West Ada does not respond to the claim, the family can then file a lawsuit.

The tort claim also lists State Board of Education members, including state superintendent Debbie Critchfield, as possible defendants.

The claim does not list specific financial damages. Max Williams, the Okane Aguirre family’s Boise attorney, says the family “is open to early resolution discussions.”

No such discussions have taken place, said Hanna Lay, a legal assistant to Williams.