Girl in neglect case missed 162 school days
APPLETON - Nicole Gussert, the Appleton mother accused of causing the death of her 13year-old disabled daughter by neglect, called the girl in sick from school almost every day for several months leading up to her death.
Brianna Gussert, who had disabilities that left her entirely dependent on others for care, attended James Madison Middle School, but it wasn’t uncommon for her to be in school only a day or two a month, according to the criminal complaint filed Monday in the case against Gussert.
Her frequent absences — she missed 162 days of school in her final year — concerned school officials, but Gussert was always able to provide a reason for her daughter’s absence, according to the complaint.
On May 22, 2017, Gussert called the school and said her daughter would be absent for the entire week. That was unusual. Brianna’s teacher asked a school nurse to call Gussert.
Gussert did not answer or return the school nurse’s call. That was unusual, too.
One week later, at about 3:30 a.m. May 29, 2017, Gussert walked into her daughter’s bedroom, allegedly after having not checked on her for a number of days. Brianna was dead. Gussert was charged Monday with one count of child neglect resulting in death and three counts of possession with intent to deliver amphetamines. The neglect charge carries a maximum penalty of 25 years in prison. She is being held on a $300,000 cash bond. Her next court appearance was scheduled for June 19.
Appleton Area School District officials did not immediately respond to a request for comment, but the district issued a statement Tuesday afternoon.
“We are all deeply saddened by Brianna’s death and express our deepest sympathies to all,” the statement reads. “The school district is required to follow the laws governing student confidentiality and student records. We cannot comment on any specific student and respect the privacy rights related to every student’s pupil record information.
“For students with disabilities, the laws require school districts to prepare individual education plans (IEP) that provide for a range of accommodations and modifications, including the modified scheduling to the traditional school day in order to accommodate health needs. We work with parents and health care providers to develop these plans. When the school schedule is modified due to student health needs, the school district also communicates frequently with parent(s).”
Gussert told police Brianna had not been to school in “a couple of months,” but had attended one day in February or March — she could not remember when, according to the complaint.
There is no limit in state law that says how many days a student may be excused from school because of illness, according to the Wisconsin Department of Public Instruction.
Brianna’s teacher told police Brianna had been sick with a respiratory infection in late April 2017 — a few weeks before her death — and had been losing weight. Gussert brought formula to the school so her daughter could be fed during the school day, but never finished the paperwork that would allow the school to do it.
The teacher was concerned by the number of absences, but told police she had no prior concerns for Brianna’s care outside of school, according to the complaint. The teacher also said Gussert had never asked for any help caring for her daughter.
The teacher indicated there had been discussion at Brianna’s individualized education plan meeting in December 2016 about assisting her with transportation back and forth to school.
Mitch Hagopian, an attorney with Disability Rights Wisconsin, a private nonprofit organization that protects the rights of people with disabilities in the state, reviewed a copy of the criminal complaint provided by USA TODAY NETWORK-Wisconsin.
The number of days Brianna was absent from school should have raised greater concern from the school district, Hagopian said.
“Tragically, when the district finally bestirred itself and directed the school nurse to contact the child’s mother, the nurse tried once, didn’t get through and never tried again,” Hagopian said in an email Tuesday to USA TODAY NETWORK-Wisconsin.
The team involved with the girl’s individualized education plan also should have been more interested in the excessive absences. Even if Brianna’s health wasn’t a concern, the school district should have been concerned about her not getting an education, Hagopian said.
“Obviously, the school district wasn’t the cause of this child’s death, but it seems like a little more interest on the part of the school district might have prevented it,” he said.