What would you thing?

 What would you think?

 

What would you think of a special ed teacher who repeatedly shoved a first grader on the autism spectrum into a trash can, telling him that since he “acted like trash”, he “would be treated like trash”.  She also pushed him to the floor and covered his nose and mouth.  This behavior was reported to school administration, but nothing was done.

The following year, the same teacher forced him to stand all day and poured grease on him.  This behavior was also reported to school administration and nothing was done.  This boy was not the only child this teacher abused.

This little boy was sent to a private therapist by his parents because of the trauma he suffered.  The private therapist reported the abuse to the police, there was a federal trial and the teacher pleaded guilty to assault of an individual with a disability.

The boy’s parents subsequently filed a federal lawsuit against the school administration saying that their son was still suffering psychologically from the experience and that the school administration knowing what was going on had a responsibility to intervene.

The school board on behalf of itself and its administrators argued they were not liable because they had qualified immunity.   The judge ruled in favor of the school board.  He said, “the mere allegation that such disheartening (emphasis added) things occurred at their school does not show that the school officials intended them to happen.”   The boy’s parents had argued through their attorney that malice can be inferred by the officials’ “knowledge of the abuse, failure to investigate, and reckless indifference to the abuse.”

Because of the boy’s limited communication ability, it was two years before, another school and a private therapist that the whole story became known.   Even after the teacher pleaded guilty to assault on a person with a disability, the school board continued to defend and employ her.   

“Public officials can be negligent, public officials can be recklessly indifferent” said the school board’s representative.  “This is what public immunity is for”

Perhaps Mark Twain said it best, “In the first place God made idiots.  This was for practice.  Then he made school boards.”